Feedback on I-751 Evidence List

[Alan Levin 2]

Hello,

 

Below is the list of evidence that I copied from my cover letter of the I-751 application. If possible, I would like to get some feedback on the strength of the evidence, and the way it’s ordered and presented:

 

• Marriage Certificate

• Driver’s licenses for the petitioner and spouse showing the same address

• The Living Trust of the spouse, designating the petitioner as trustee

• Deed to marital domicile (in the name of the spouse’s Living Trust)

• Brokerage Account overview (in the name of the spouse’s Living Trust)

• Letter from the bank confirming the petitioner was added to the spouse’s bank accounts in December 2022, along with bank statements for the main account dated to the aforementioned date

• IRS e-filed joint tax returns for 2022 and 2023

• Joint title to family automobile

• Joint car insurance for 2024 and 2025

• Joint umbrella insurance

• Joint home insurance

• Joint health insurance

• Life insurance for the petitioner naming the spouse as beneficiary

• Two sworn affidavits from U.S. friends attesting to the authenticity of our relationship and marriage

• Flight and hotel bookings

• 2024 Christmas greeting card sent to the spouse and petitioner

• Photographs of the spouse and petitioner throughout the marriage period

 

[[END]]

 

 

We have some other pieces of evidence that we chose not to include, such as

- Joint AARP membership

- Joint credit card only used by my spouse

 

We don’t have joint utility bills.

 

Also, is it true that USCIS does not like paper clips, sticky notes, etc.? It feel weird to submit a big stack of papers with no method of organization.

 

Thank you very much!

Edited January 19 by Alan Levin
Added further details

[W199 354]

>> • The Living Trust of the spouse, designating the petitioner as trustee

 

I would think that the relevant and important thing is that the petitioner is the beneficiary of the trust.

[OldUser 7,561]

24 minutes ago, Alan Levin said:

 

• IRS e-filed joint tax returns for 2022 and 2023

 

I recommend sending tax return transcripts, downloadable from IRS website

[OldUser 7,561]

Otherwise evidence looks good and sufficient to me. As far as I understand, you already own a house and hence don't have lease with both names on it?

[W199 354]

15 minutes ago, OldUser said:

Otherwise evidence looks good and sufficient to me. As far as I understand, you already own a house and hence don't have lease with both names on it?

He said the deed to the house is owned by his living trust, not him.  And the Trustee of the trust is the petitioner.  Hence, my previous comment that the important thing is that the petitioner is the beneficiary of the trust .. not the trustee.

[Alan Levin 2]

32 minutes ago, W199 said:

>> • The Living Trust of the spouse, designating the petitioner as trustee

 

I would think that the relevant and important thing is that the petitioner is the beneficiary of the trust.

Thank you for your response. Appreciated. 

[Alan Levin 2]

40 minutes ago, OldUser said:

I recommend sending tax return transcripts, downloadable from IRS website

I’ll take a look at that. Thank you very much.

[Alan Levin 2]

24 minutes ago, W199 said:

He said the deed to the house is owned by his living trust, not him.  And the Trustee of the trust is the petitioner.  Hence, my previous comment that the important thing is that the petitioner is the beneficiary of the trust .. not the trustee.

Correct. Since you pointed that out, I think I’m going to highlight the line in the trust that names the petitioner is the beneficiary. 

[W199 354]

Just now, Alan Levin said:

Correct. Since you pointed that out, I think I’m going to highlight the line in the trust that names the petitioner is the beneficiary. 

Wise move ... Trusts are complicated ... 

[OldUser 7,561]

1 hour ago, Alan Levin said:

Correct. Since you pointed that out, I think I’m going to highlight the line in the trust that names the petitioner is the beneficiary. 

All sorts of assets can be placed in trusts. It wasn't super clear whether your primary residence was owned by trust.

[Alan Levin 2]

On 1/19/2025 at 12:47 AM, OldUser said:

All sorts of assets can be placed in trusts. It wasn't super clear whether your primary residence was owned by trust.

To clarify, the residence is not explicitly mentioned in the trust. There is a couple of assets that goes to beneficiaries other than the trustee, but beneath that there is a clause naming the trustee (my spouse) as the residuary beneficiary (i.e. inheriting everything else including residence and brokerage account).

 

I’m just hoping that the officer reviewing the case makes the connection themselves.

[OldUser 7,561]

22 minutes ago, Alan Levin said:

To clarify, the residence is not explicitly mentioned in the trust. There is a couple of assets that goes to beneficiaries other than the trustee, but beneath that there is a clause naming the trustee (my spouse) as the residuary beneficiary (i.e. inheriting everything else including residence and brokerage account).

 

I’m just hoping that the officer reviewing the case makes the connection themselves.

How can USCIS assume you own real estate unless it's mentioned somewhere? USCIS needs everything to be described to them like they're a 6 year old. I'd put this in cover letter. And attach some proof of ownership by trust.

[W199 354]

On 1/20/2025 at 1:22 AM, OldUser said:

How can USCIS assume you own real estate unless it's mentioned somewhere? USCIS needs everything to be described to them like they're a 6 year old. I'd put this in cover letter. And attach some proof of ownership by trust.

I think he has it covered because he I think he said he is submitting an evidence list that includes

     - Deed to his house showing it is owned by the trust

    -  A copy of the trust highlighting the fact his Wife is the beneficiary and trustee.

 

If the USCIS officer sees that all the other evidence is strong and compelling, then he will probably think "Oh nice, he has a good estate plan to save his Wife taxes and avoid probate when you die, and think this shows he has long term marriage plans for his Wife."

 

But on the other hand,  if the USCIS officier sees what looks like fake or contrived photos and other evidence that doesn't feel or look right, and then he see's this trust and if he is well trained, he could think "Hmm, this is a a living trust, which is just a revocable trust. It means almost nothing, its no stronger than adding a beneficiary to a bank account or just adding her in his Will.  At any time, he could revoke the trust without his Wifes's permission, fire her as the trustee, or change the beneficiary at any time, just like you can with a Will.  Its very different than having her as co-owner on the deed and a revocable living trust is very different from a  irrevocable trust with her as the beneficiary.  

 

So it will be the totality of all the evidence and how well trained and savvy the officer is in Trust law (which is likely to be very littie which will benefit you).

 

By the way, at least in my State .. it doesn't matter what your Will says. Your Wife has a right to inherit your property unless she signed over that right in a pre-nup or post-nup.  It won't matter what your Will says or what a revocable trust says (an irrevocable trust would be a different story).