Lacking evidence - Provide a reason, or don't mention?

[Hemutian 68]

Become eligible to submit Form I-751 on October 30.

 

In the Visa Journey Guide to Removal Conditions, in the list of examples of documents showing a bona fide relationship, there are a number of examples that my wife and I do not have.

 

My question to the forum is: in this case, should I explain the lack of these examples in the cover letter, or just don’t mention them at all, and demonstrate the examples/evidence that we do have?

 

For example, we DON’T have a deed, a lease, a car title, insurance, a 401k, or evidence of children together.

 

We have reasons for the lack of these, but I’m not sure if I should mention them or not. For example, that we live by ourselves in one of my parents' three homes.

 

We DO have utility bills, credit card bills, credit cards, bank accounts, stock accounts, federal and state tax return transcripts, documentation of vacation, pictures, Christmas cards. I'm hoping  that's enough.

 

My spouse is pregnant with my future child. Should we submit evidence of that?

[Timona 4,207]

You only provide what you have. What you see on VJ are just "guides."

 

AND no, no explanation to USCIS. 

[bakphx1 789]

I would mention them and explain.  If your reasons for not having them can be documented, document it.  If you’re living with relatives or in a home owned by a relative, provide that deed copy and a statement from them that you are both living there.

 

No car-if you live where you don’t use one, just state that.  

 

iI would also add you are having a child together.

[OldUser 6,660]

@Hemutian In your case you seem to have quite a bit of evidence. I would not give more information than needed. Save explanation for RFE which you are unlikely to receive.

[Mike E 11,739]

10 hours ago, Hemutian said:

 

 

My question to the forum is: in this case, should I explain the lack of these examples in the cover letter, or just don’t mention them at all, and demonstrate the examples/evidence that we do have?

Based on your evidence I don’t think you need to explain the lack. Instead emphasize  what you have.  Read on …

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For example, we DON’T have a deed, a lease, a car title, insurance,

But you need renters and life insurance, especially with the baby coming. 
 

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a 401k, or evidence of children together.

 

We have reasons for the lack of these, but I’m not sure if I should mention them or not. For example, that we live by ourselves in one of my parents' three homes.

Draft a letter for your parents to sign:

 

”To whom it may concern:

 

We are John and Mary Hemutian, residing  at 123 1st St, Fairfield, IL, 60555. 

 

Our son Steve  Hemutian and his wife Sally Hemutian live in one of our properties  at 123 Elm St, Fairfield, IL, 60512. They have been living there since 2020-08-25. We are not charging our son and daughter in law rent and so we do not have a written lease agreement.

 

We have included   a  copy of the property deed showing us as joint owners, and a copy of Steve’s birth certificate showing us as his parents.  
 

If you have any questions please contact Mary at 303 555 1234 or John at 303 555 6789. You can email us  at JohnMaryH@example.com. 
 

We declare under  penalty of perjury under the law of the United States that the foregoing is true and correct. 
 

Signed on 2022-11-01 in Fairfield, IL”

Does not need to be notarized especially since the deed and/or birth certificate likely has one of their signatures. 

 

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We DO have utility bills, credit card bills, credit cards, bank accounts, stock accounts, federal and state tax return transcripts, documentation of vacation, pictures, Christmas cards. I'm hoping  that's enough.

solid. 
 

Do you both have state drivers licenses / state IDs showing you living at the same address?

 

Do you have usps informed delivery? Show images of envelopes with your names going to the same address where you live. Ideally envelopes with both your names but separate envelope with each name are fine too.  Show 1-2 images per quarter.  

 

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My spouse is pregnant with my future child. Should we submit evidence of that?

Absolutely and congratulations.  When you have a birth certificate, submit that as unsolicited  evidence.  For some  ISOs, a birth certificate of a child from the marriage is all they need.  

Edited October 17, 2022 by Mike E

[Hemutian 68]

Mike E,

 

Thanks for all your solid advice.

 

I was thinking that a letter from my parents briefly explaining our living situation might be good. It sounds like that is affirmative. 

 

I have a state drivers license, but she doesn't have one, or a state ID (she just uses her Green Card when she needs ID).

 

Yes, we do have USPS informed delivery showing both of our names at our address. I'll add that to my list. 

 

Baby won't be born until well after we submit I-751, so if we submit anything it would just be evidence of her first ultrasound with the OB-GYN.

 

I notice that you suggest 1-2 images of mail per quarter. Would you extend this "per quarter" recommendation to other items as well? For example, utility bills with both our names - best to include 1 per quarter?

 

One other thing. We both have medical insurance from the same HMO. However, we have separate accounts because mine is covered through my employer but hers is not, so we buy hers separately through our state's health insurance marketplace. As a result, we don't actually have any documentation showing both of our health insurance policies that are in any way connected. Do you think it's worth trying to explain this and showing evidence that we're both covered by the same HMO?

 

Thanks

 

Matt

[Hemutian 68]

11 hours ago, bakphx1 said:

I would mention them and explain.  If your reasons for not having them can be documented, document it.  If you’re living with relatives or in a home owned by a relative, provide that deed copy and a statement from them that you are both living there.

 

No car-if you live where you don’t use one, just state that.  

 

iI would also add you are having a child together.

Thanks.

I have a car, but I bought it before we met, so her name's not on the title, and she doesn't drive anyway.

[Mike E 11,739]

47 minutes ago, Hemutian said:

  

 

I have a state drivers license, but she doesn't have one, or a state ID (she just uses her Green Card when she needs ID).

She generally qualifies for a state ID but if there is fewer than 60 days left on her gc some states won’t issue  a state ID. I think it is worth getting her one. Definitely get one when the extension letter arrives. 
 

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 . 

 

Baby won't be born until well after we submit I-751, so if we submit anything it would just be evidence of her first ultrasound with the OB-GYN.

 

I would submit it. 
 

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I notice that you suggest 1-2 images of mail per quarter. Would you extend this "per quarter" recommendation to other items as well? For example, utility bills with both our names - best to include 1 per quarter?

yes. That’s we did. We were approved on Friday. For her N-400 we will also show the last three months of utility bills, bank and brokerage statements so that she has proof of the meeting the 3 month residence requirement. 
 

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One other thing. We both have medical insurance from the same HMO. However, we have separate accounts because mine is covered through my employer but hers is not, so we buy hers separately through our state's health insurance marketplace. As a result, we don't actually have any documentation showing both of our health insurance policies that are in any way connected. Do you think it's worth trying to explain this and showing evidence that we're both covered by the same HMO?

No.  I don’t think you will get an RFE but if you do, you can explain why you are not on the same plan. 

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Thanks

 

Matt

you are welcome. 

Edited October 17, 2022 by Mike E

[da95826 387]

5 hours ago, Hemutian said:

One other thing. We both have medical insurance from the same HMO. However, we have separate accounts because mine is covered through my employer but hers is not, so we buy hers separately through our state's health insurance marketplace.

Show, highlight, you are paying for her health care from your joint bank account. Your joint bank statement showing shared income and shared expenses being paid over the marriage is strong evidence for a bona fide marriage

 

As for your home address proof...

Provide mail sent to your home address for each of you and both of you over time.

Provide the affidavit from your parents indicating they are your landlord and you both live together as a married couple at their home. They can testify that they were at your wedding and they visit you both at your home and they can attest you both reside together.

[Sarah&Facundo 595]

We live with my parents. My mom wrote a letter (well really, I wrote it and she signed it) stating we live with her right now. My husband got his 10 yr green card this summer with no questions or issues.

[Hemutian 68]

On 10/17/2022 at 7:32 PM, Sarah&Facundo said:

We live with my parents. My mom wrote a letter (well really, I wrote it and she signed it) stating we live with her right now. My husband got his 10 yr green card this summer with no questions or issues.

Congratulations, and thanks for sharing your experience.