I-751 Advice in my case

[sdh0601 1]

Hello everyone,

 

I just wanted to know if my parent's I-751 will have high change of being denied.

 

For a better feedback, I will start from the very beginning.

 

My father and I moved to US in 2013 with F1 and F2 visa. He took an official leave in his work in South Korea for 3 years in order to attend a college in United States. I was brought along with him with F2 visa. He was a college student and I was a high school student. In 2015, he met my stepmother who is U.S citizen and they got married. In mid-2016, he received his conditional green card and since I was 19 at that time (so sadly), I separately summited my I-130 application while changing my current visa status from F2 to F1 in the U.S. He returned to South Korea after completing his college in 2016. As a green card holder, he has re-entry permit to maintain his green card and return to U.S. His conditional green card expires in mid-2018, 2 years later the day he received his green card. We understand what we need to do in order to get the I-751 approved, but our I-751 case is a bit complicated and different from the others.

 

I will write down some factors of our case that may differentiate from those of others.

 

My father got married in 2015. He received his green card in 2016. In mid-2016, he returned to his work in South Korea because he was supposed to do so.So, as a couple, they have not lived together for almost 2 years. He will come back to U.S in early-2018 (maybe March or so) and start his life here with us. He will start working in U.S and living together with my stepmother and me. The very bad thing is, because he was out of the country for almost 2 years, they did not file their joint tax returns, obtain joint financial assets like a car, and so on. They fortunately have their joint bank account which is more than 3 years old, utility bill, and some other minor things (he regularly visited us in U.S and my stepmother also visited South Korea to meet him and we have photos for evidence). For one more thing, he has sent us some money every month to cover some our expenses (I don't know if this would ever help), and the statements are on the bank account. I'm current living with my stepmother, and after his arrival in early-2018, we will live together like every other family.

 

I'm highly concerned because we don't have great and many evidence that prove their bona-fide marriage. 

 

What do you guys think? I know that it is very unlikely to deny a jointly filed I-751, but under my circumstances, it may happen? I really don't know. What more evidence should we prepare from now?

 

Every feedback will be appreciated.

[Penguin_ie 5,994]

How long did they live together before marriage/ after marriage?

What sort of things have they done to maintain a relationship while he was away?  ie did he visit the USA, or she visit him?  Why did she not file tax returns jointly with him?

[sdh0601 1]

Hi Penguin,

 

they lived together for a year right after they got married and separated because he had to leave (they did not live together before marriage). To maintain the marriage relationship, he visited us twice from S. Korea to USA and traveled with her and she also visited him from USA to S. Korea. He sent her part of his earnings to financially support and cover our expenses (as I said, I and stepmother live together and he will join us once he comes back). She did not file tax jointly just because he has not worked in the U.S and filed tax, so she has filed her own returns. After he comes back and starts to work in 2018, he will pay taxes and file tax jointly with her.

 

Thank you for your response!