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Living separately (Temporary) due to employment while waiting on I-751

By SSKK in Removing Conditions on Residency General Discussion

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SSKK Apprentice

SSKK   3

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Hello, 

 

I'm a petitioner and my wife is the sponsor first of all.  I see some threads where people had same situation as mine back then, but I would like to see as latest information as possible. I apologize in advance for making the a new thread. 

 

I have submitted I-751 Feb 2018 and still waiting for the answer from USCIS. I got a job offer in Arizona Dec 2018 and moved out from CA 12/31/2018. My wife and child are still living in CA with her parents, but they will follow me and move by end of Feb 2019. We are still legally married and have a beautiful 2 months old child. I have already submitted AR-11 form for myself. I plan to submit the form I-865 for my wife as they move. There will be for a little less than 2 months period for us living separately. We have some proofs that we are a married couple with a good faith.

 

Our child birth certificate

Letter from a doctor for our child showing 2 months vaccination (This is the main reason why my wife wanted to stay behind for the sake of our child health)

Apartment Lease starting from March 2019 (If USCIS does not ask me for RFE by then)

Joint Tax form for 2018 (If USCIS does not ask me for RFE by then)

Proof of my wife visited me while living separately (Pictures, flight ticket)

Joint Bank/Credit statement while living separately

Letter of explanation for living separately

My employment offer letter clearly showing my starting date

Letter from my supervisor to prove that I am employed in different city ( Possibly proving that I drove back to CA twice during separation)

 

My question is that if USCIS would raise the red flag for my case.  Is there anyone who had the same experience as I am recently? Or any recommendations or suggestions I should do? 

 

I would appreciate your feedback. 

khalifa Rookie

khalifa   22

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I was in much worst situation than yours. My wife and I were not living in the same state.

I did not submit any pictures and I did not bother submitting any bank statements because only my wife was using the joint bank account. 

But my cover letter explained in detail our living condition and why we were both living in different states. 

So you can only submit what you have. And you can always go open a joint bank account with you spouse, in case they ask you for more evidence.

This is what I sent and still got approved without RFE nor being interviewed. 

+ A cover letter  explaining EXACTLY our living condition. I did not try to hide anything. 

+ A letter from my contract with my employer specifying that, I will be off work 1 week every month to go see my wife.

+ Bunch of notice of assignments in different states ( Arizona, Utah, Texas,Virginia etc...😓😓😓) I have been moving all over this country and still is. 

+ Joint Lease

+ BUNCH of plane tickets showing that I have been visiting my wife and vise versa

+ Joint Insurances (medical dental and vison) and medical bills showing we are both using the insurance.

+ Life insurance policy showing that my wife will be beneficiary if anything happens to me

+ Utility Bills

+ Tax (Filed as married but filed separately)

+Bunch of credit cards statements.

 

I hope this will help you 

SSKK Apprentice

SSKK   3

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Posted (edited)
18 hours ago, khalifa said:

I was in much worst situation than yours. My wife and I were not living in the same state.

I did not submit any pictures and I did not bother submitting any bank statements because only my wife was using the joint bank account. 

But my cover letter explained in detail our living condition and why we were both living in different states. 

So you can only submit what you have. And you can always go open a joint bank account with you spouse, in case they ask you for more evidence.

This is what I sent and still got approved without RFE nor being interviewed. 

+ A cover letter  explaining EXACTLY our living condition. I did not try to hide anything. 

+ A letter from my contract with my employer specifying that, I will be off work 1 week every month to go see my wife.

+ Bunch of notice of assignments in different states ( Arizona, Utah, Texas,Virginia etc...😓😓😓) I have been moving all over this country and still is. 

+ Joint Lease

+ BUNCH of plane tickets showing that I have been visiting my wife and vise versa

+ Joint Insurances (medical dental and vison) and medical bills showing we are both using the insurance.

+ Life insurance policy showing that my wife will be beneficiary if anything happens to me

+ Utility Bills

+ Tax (Filed as married but filed separately)

+Bunch of credit cards statements.

 

I hope this will help you 

Hi, thanks for the feedback.

 

Did you sent these documents when you submit I-751? I was thinking if I should send the supportive documents with I-865 form as my wife and kid move to my place. Do you think it is necessary? 

Edited by SSKK
H-M Explorer

H-M   169

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Filed: Citizen (apr) Country: India
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Posted (edited)
3 hours ago, SSKK said:

Hi, thanks for the feedback.

 

Did you sent these documents when you submit I-751? I was thinking if I should send the supportive documents with I-865 form as my wife and kid move to my place. Do you think it is necessary? 

I-865 is a separate petition only for Sponsor's change of address, it has nothing to do with your I-751 ROC petition. No additional documentation is required with I-865.

Hold on to your additional supportive documents in case you get an RFE or interview for your I-751 petition.

Edited by H-M

N-400 timeline:

Spoiler

5/9/2022: N-400 Received by USCIS

5/9/2022: Biometric Reuse Notice

7/5/2022: Received Interview Scheduled Notice

8/12/2022: Interview @ Cincinnati Field Office, Approved same-day

9/9/2022: Completed Oath Ceremony

 

ROC timeline:

Spoiler

01/06/2019: 90-day ROC filing window open

01/07/2019: Sent I-751 petition to USCIS Dallas Lockbox via USPS 2-day Priority Mail

01/09/2019: ROC package delivered by USPS to PO Box

01/14/2019: Received USCIS text message with receipt number starting with LIN-xxxxxxx

01/15/2019: Check cashed, Added receipt# to USCIS account (myaccount.uscis.dhs.gov), Current Status: "We received your case, You do not need to do anything at this time"

02/14/2019: Submitted e-request for non-delivery of receipt notice

02/28/2019: Received e-request response. Receipt notice was never initially sent and we should receive it in 10-14 business days

03/04/2019: Received original NOA1 letter with 18 month extension

08/09/2019: Received biometrics appointment letter, scheduled for Aug 19

08/14/2019: Completed early walk-in biometrics appointment on Aug 13, Status changed on myUSCIS site to "Fingerprint Review Was Completed"

01/02/2020: Case status updated to "New Card Is Being Produced"

01/03/2020: Case status updated to "Case Was Approved"

01/06/2020: Received I-751 Approval Notice in the mail 

01/09/2020: Received 10yr Green Card in the mail

 

I-751 ROC Package Contents, Assembly & Photos:

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522611

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522687

 

AOS timeline:

Spoiler

12/21/2015: I-485 Received by USCIS

12/24/2015: I-485 NOA date

02/26/2016: Biometrics Appointment

04/04/2017: Interview @ Louisville Field Office

04/06/2017: I-485 Approved

04/12/2017: GC Received

 

 

SSKK Apprentice

SSKK   3

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Posted
1 hour ago, H-M said:

I-865 is a separate petition only for Sponsor's change of address, it has nothing to do with your I-751 ROC petition. No additional documentation is required with I-865.

Hold on to your additional supportive documents in case you get an RFE or interview for your I-751 petition.

Thanks, 

 

That was actually the whole point that we, I assume so does everyone else, want to avoid the interview for I-751 at all cost since we had a horrible experience with USCIS interviewer back then. This is why I was wondering if I should send the supporting documents along with I-865 with the reasons (Letter of Explanation) why we were temporarily living separately to minimize the suspicion.  

 

But as you suggested, I would probably hold all the evidence until they ask me for RFE. 

 

I appreciate your feedback. 

AlluringSoul Community Regular

AlluringSoul   185

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
2 hours ago, SSKK said:

Thanks, 

 

That was actually the whole point that we, I assume so does everyone else, want to avoid the interview for I-751 at all cost since we had a horrible experience with USCIS interviewer back then. This is why I was wondering if I should send the supporting documents along with I-865 with the reasons (Letter of Explanation) why we were temporarily living separately to minimize the suspicion.  

 

But as you suggested, I would probably hold all the evidence until they ask me for RFE. 

 

I appreciate your feedback. 

I agree, wait until you receive some kind of a response. :) You will be fine!

AOS i-130, i-485 & i-765 in New York (Queens field office)

12/29/2014 - Priority Date; receipt number starting with MSC

1/2/2015 - Fingerprint fee accepted

1/26/2015 - Case suspended - RFE sent out

2/3/2015 - Fingerprint done at Jamaica Center, Queens

2/11/2015 - RFE received - Case resumed

3/2/2015 - EAD ordered

3/13/2015- EAD card mailed out -- received it 3 days later

7/8/2015 - AOS interview ready to be scheduled for an interview

9/27/2015 - AOS Interview scheduled for Nov 3

11/3/2015 - AOS interview

12/11/2015 - APPROVED!!!

ROC (Vermont Service Center)

10/3/2017 - Sent out ROC package to VSC

10/6/2017 - Date on NOA (Received NOA on 10/16/2017)

11/6/2017 - Biometrics done

8/15/2018 - Extension letter for 18 months received

12/28/2018 - APPROVED! (No RFE, No Interview) 🤸‍♀️ 

1/7/2019 - GC delivered

N-400 (Queens field office)

1/22/2019 - N400 delivered to Dallas, TX.

1/25/2019 - Check cashed

2/12/2019 - Biometrics appt

8/26/2019 - Interview scheduled

10/3/2019 - Interview - APPROVED

10/30/2019 - Oath

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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