When to file dilemma

[Tiaan83 1]

Hi everyone,

I have a dilemma about the moment to file for my I-751. My green card anniversary is on 8/29/2016, so I the earliest moment I can file is the beginning of June. I know it is recommended to file as soon as possible. But we are now in the process of buying our first home, and our closing date is in July. Until now we have lived in with my wife's parents, so we don't have very many bills or contracts that we can use as evidence of our relationship. We have a joint bank account, 2 cars (and insurances) on both of our our names, health insurance policy, 401K's with each others name, evidence of joined dentist appointments, joined flight tickets, pictures, and can get affidavits if needed.

Would you advice to file as soon as my time window opens up, or wait until our house papers are signed so we have a much stronger package of evidence? Or can I add our current house paperwork (signed by both of us) as part of our current evidence package.

Thanks in advance for all the help and for being such a great community!

[BeetLover 0]

I'd file as soon as possible, but I am interested in what others have to say regarding this. I think you have strong evidence as is with the joint bank and other accounts. Be sure to include tax transcripts. You can explain in a separate letter that you both have been living at her parent's place.

I think getting your place in line is the most important thing, and RFE or no RFE, the sooner you apply the sooner you will be done with this stage of the process.

[lucybelle 453]

Write up a lease for your current living situation. You can find forms online. Also include all paperwork for your new house.

If you can, go ahead and get power of attorney, healthcare power of attorney and wills!

I also think file as soon as possible. And I think you will have enough.

[Harpa Timsah 13,258]

I would wait. If your closing date is in July, then you have at least a month before the window is up. ROC is not a bother, and you should forget it as soon as you send it No need to hurry and go crazy and get it done the first available day. Good luck.

[Cheezees 1,514]

I don't think it really matters either way. Having the papers for a house won't make or break you application and neither will applying somewhere in the middle of the 90-day period.

[Sukie 1,465]

I usually agree with Harpa - she's been here a long time. But I don't agree with her this time. I would file with your current documents when your 90 days opens up. Also add the docs that Lucybelle suggests.

Real estate transactions are notorious for getting effed up - especially at the last minute.

ROC is taking between 6 and 12 months these days (on average) depending on your service center. Get in the queue as soon as you are allowed.

Sukie in NY

[KayDeeCee 4,896]

You can file anytime within the 90 days before your green card expires, so you can wait until you sign the papers in July if you wish.

[NikLR 13,232]

I agree with Harpa too. Id wait until you signed the papers. That way you can also change your address to the new one too! We sent ours with about a month left and it was fine. The only time it becomes at all an issue is if you need the NOA1 to extend a driver's license and you need a vehicle for work and cannot car pool.

[rjm_cmyk 75]

Looks like six of one and half a dozen of the other. Personally I'd wait as the joint house has got to weigh heavily in your favour. That said my house sale fell through three times while I was getting ready for my move to the US so it's judgement call. Given that it will take a 6-12 months to get through the ROC applying later ain't that big a deal when you'll get an immediate one year extension to your current status.

[Leo7777 243]

File at the earliest moment possible.

Then, if and when you get a RFE requesting more evidence, you can send the house documents . . . if they are ready at that time.

I agree with the person or persons who warned about the fickle nature of real estate transactions.

I am in the business . . . and I can attest that it's never over till it over. I have never seen a real estate deal close early; but I have seen a ton of them drag on for several months 3, 4, 5, 6, 7 and even more. So don't wait for a real estate deal to close before you file. You could end up waiting until almost the end of the 90 day window, and the real estate deal still is not done.

[cazzers 83]

File at the earliest moment possible.

Then, if and when you get a RFE requesting more evidence, you can send the house documents . . . if they are ready at that time.

I agree with the person or persons who warned about the fickle nature of real estate transactions.

I am in the business . . . and I can attest that it's never over till it over. I have never seen a real estate deal close early; but I have seen a ton of them drag on for several months 3, 4, 5, 6, 7 and even more. So don't wait for a real estate deal to close before you file. You could end up waiting until almost the end of the 90 day window, and the real estate deal still is not done.

Just curious, you are in the business and have never seen a deal close early? I work in the business too, and I have seen a few closing early. Not a lot of course, but it can happen.

[Ortolan 381]

We don't own a house, we rent. We submitted our rental agreement in both our names. I think you have enough evidence; not everyone can, or wants to, buy a house at all. Who says you have to buy a house to get your conditions removed?

You can also do living wills for each other, and have those notarized. And send in bank statements for every month since your marriage. And include affidavits from friends, cards addressed to you both.

Good luck!

Edited May 26, 2016 by Ortolan

[andy78 178]

The filing period is 90 days. You can file any time during that period. There is no reason to file as soon as possible, and there is no reason to wait until the last day either. You can prepare your application and evidence, then wait until closing, then file in July or August. If at that point it turns out that closing is going to be delayed, then you can file with the evidence you already have.

[bdrew612 1,071]

I agree to wait until the closing. Once you file ROC, you'll receive a letter giving the green card a one year extension (if filing too close to the expiration date is your worry). If you send everything in July, you're still in your 90 day window. Personally, I would wait and send in the information rather than send it now and get an RFE later (assuming that were to happen). But that's just me. :-)

[lkerky 25]

I would file as soon as you can. It is your choice though. The faster you apply, the faster you are done with ROC!

Our house closed on time but we also did it privately through a friend.. everything was agreed upon before we even signed any paperwork. I know another couple that has been in the mess for 6 months. Any deal can fall through or extend.

You could also send in documentation of what you were pre-approved for and if you have signed any offers.