I-751 - Still Married, Seperate States

[DaJabinski 1]

Hi all,

 

I had a question regarding filing I-751 still married living in two separate states (on different coasts). I lived in state with Spouse from April 2022, got married Sep 2022 living together until end of May 2024 when I had to move to a different state because of a job opportunity that I couldn't say no to. My spouse still lives in our apartment in the other state and we travel by plane to see each other every weekend 3 times a month (14 days a month, essentially every weekend). We have 31 plane tickets from 2024.

 

Our current I-751 preparer has essentially told us to not divulge more than necessary and provide only the evidence that's asked of us. Has said we have plenty of evidence (list included below), and shouldn't be worried but that it wouldn't be wise to add unnecessary information that would scrutinize our boanfide marriage. Some lawyers we've spoken to has said we are absolutely in a danger zone, and could risk my greencard - essentially saying cohabitation is the one only real proof of a bonafide marriage. These same lawyers also wants to charge us 4-5k to file it. 

 

What is best course of action here?

 

Evidence includes: 2 year tax returns, private life insurance showing each other as beneficiaries, joint health insurance, work life insurance showing each other as beneficiaries, JWTROS brokerage account, 3-years joint lease agreements, 3-years of joint bank statements, 100 photos stemming back from 2022, 7x travel tickets for travel abroad + to my home country, utility bills, retirement accounts with each other as beneficiaries, 401ks showing eachother as beneficiaries, renters insurance, auto insurance from 2022-April 2024.

[OldUser 8,269]

48 minutes ago, DaJabinski said:

Our current I-751 preparer has essentially told us to not divulge more than necessary and provide only the evidence that's asked of us.

 

48 minutes ago, DaJabinski said:

Some lawyers we've spoken to has said we are absolutely in a danger zone, and could risk my greencard - essentially saying cohabitation is the one only real proof of a bonafide marriage. These same lawyers also wants to charge us 4-5k to file it. 

You need to stop listening to a preparer and either file the case yourself or with a lawyer. Most of the times preparers / notarios make mistakes or cause misrepresentation issues that become hard to recover from in the future.

 

If you live apart, yes it is a red flag. Lawyers are right, GC may be in danger if you don't file things correctly. You definitely need to prove your case with all evidence of visiting each other etc.

 

It does look like you have good evidence, but you need to build a strong case.

 

As a side note, did you file AR-11 every time you moved? Also, did your US citizen spouse file I-865 every time she or he moved?

Edited 19 hours ago by OldUser

[Boiler 46,488]

I have never heard of a I 751 Preparer

 

Well until now

 

How do you qualify to be one?

[Dashinka 25,085]

I agree with @OldUser on this one.  Since you are living apart, but still apparently in a committed marriage, you need to provide all the evidence you can to show that the marriage is still bonafide and that would include evidence of every visit.  You should also explain why you are still in this situation (I assume spouse wants to keep current job, or something like that).

 

This is not an impossible hill to climb, but it is higher.

 

Good Luck!

[DaJabinski 1]

11 hours ago, Dashinka said:

I agree with @OldUser on this one.  Since you are living apart, but still apparently in a committed marriage, you need to provide all the evidence you can to show that the marriage is still bonafide and that would include evidence of every visit.  You should also explain why you are still in this situation (I assume spouse wants to keep current job, or something like that).

 

This is not an impossible hill to climb, but it is higher.

 

Good Luck!

Thanks @Dashinka and @OldUser greatly appreciate the feedback. I think the one concern is that under current administration there is higher likelihood of denial for less common situations. Spouse has great job and wants to keep it but tricky situation as she is seeking approval to do full WFH to be here. Main concern is I don't want to open door to scrutiny, where we feel there is none hence the whole "just give what you're asked". We view it as there is chance that they'll just accept the extension if we present the evidence "as is", and if we disclose anything further that will severely delay my process.

 

@OldUser We've lived at the same place since we moved into together and initially filed the I-485 so spouse hasn't needed file I-865. I haven't filled out AR-11. Was told by lawyers not do this under current rules based on tax filing. Still plan to file jointly in the state where we lived as I worked there until April of last year. Lawyer told me until that changes I shouldn't file an AR-11.

 

But really want to understand concern if I just file the application as is? I'm theoretically not lying about anything. Can always explain further if questioned in an RFE/interview.

 

 

15 hours ago, Boiler said:

I have never heard of a I 751 Preparer

 

Well until now

 

How do you qualify to be one?

 

@Boiler honestly great question. We've worked with this person before, and is super competent plus a lot cheaper than a lawyer.

[Boiler 46,488]

Sounds like a Notario....