I 751 /complex situation and risk level --check list ?

[shahkr 0]

I have applied for(I751) removal of condition on my green card.

Marriage is genuine.

My USC spouse is at my home at home country and I came to us to apply for removal of condition on green card.

Major problem is that she is passing under phase of depression (because her dad and mom deceased and no brother and sister, friends dispersed so became alone) and under medical treatment by qualified doctor.

Despite my best efforts, she is not interested to return to US. She do not say that she will never return but says not now.

Most of time I have to look after her and remain at home at my home country-outside of US.

1. Can you tell me the risk level of approval or denial if I have submitted if i have submitted following documents with application.

2. I want to know what option I have, if we ask to attend for interview and she is not here in US?

1.Joint credit card /Credit card PIN number mailer having the same address

2.Bank statements for joint savings and checking a/c

4.Bank CD -- nomination is in favor of Spouse

5.Bond certificate of Government --nomination is in favor of Spouse.

6.Life insurance policy--nomination is in favor of Spouse.

7.Travel insurance policy --nomination is in favor of Spouse.

8.Marriage certificate issued by registrar of marriage

9.Air line's ticket/boarding pass travel together to and fro from US.

10.My Passport--at the place of name of spouse, my USC spouse is indicated

11.Valentine day's card with short message from her to me.

12.Wedding invitation cards

13.Hotel voucher for reservation of room.

14.Her mail redirected by post office to new address(after marriage she lives with me).

15.Spouse's Residence permit of my country where address in that country and name of husband is mine.

There is no birth of child(ren) /utility bill/mortgage.

Thank you.

Edited September 26, 2007 by shahkr

[tweety 1]

First of all: I believe in more complicated situations as your's appears to be, you should consider consulting an immigration lawyer.

Second, I wonder why you want to keep a permanent resident card when your spouse lives abroad, and you spent most of your time abroad as well.

I think one of your biggest problem will be to proof to USCIS that you are still permanently living in the USA WITH your spouse (as is needed for I751).

Points 14 and 15 of your evidence list will certainly work against you.

Here a little excerpt for you to read regarding the permanent resident status:

"Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns." (taken from: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD)

[shahkr 0]

Hi,

Here is mistake in writing -- #14

Mail redirected to our address, is her parent's mail.As her mom and dad both died, their mail is redirected to our address.

My request to you is to share your experience and knowledge for following questions.

1. Can you tell me the risk level of approval or denial if I have submitted if i have submitted following documents with application.

2. I want to know what option I have, if we ask to attend for interview and she is not here in US?

Edited September 27, 2007 by shahkr

[raymaga 25]

I am a little confused by your posts. Like Tweety said, if you show that your wife (the USC) is now living with you in your country, then that is saying that you both do not live in the U.S., which is a requirement for Permanent Resident Status.

Most people do not have to go to an interview for the Removal of Conditions, but a few do. I did not have an interview and got approved for my 10-yr. GC.

Do you maintain a residence in the U.S. and file income tax returns (jointly)?

[john_t_03 0]

It sounds like you applied already, so this might be useless, but I think that:

-Nos. 7, 9, 11, 13, 14 are very weak.

-Nos. 8 & 10 are de facto evidence that were relevant to the initia GC application, the don't contribute to 751.

-No. 15 actually works against you.

-There is no evidence that you live together (lease, etc) and especially that you live together in the US.

If you gave a foreign address as your contact, you might have triggered a whole other potential problem, which (if you haven't gotten a re-entry permit) is that you are not permanently living in the US. You might lose your green card.

If you did give a US address and the USCIS ignores the fact that you are currently living outside the US, they might send you a Request for Further Evidence letter and ask for more proof of marriage. In that case, send only what is relevant to your life in the US. Of they might send a letter saying that you will get another interview. Or they might just approve you.

...

1.Joint credit card /Credit card PIN number mailer having the same address

2.Bank statements for joint savings and checking a/c

4.Bank CD -- nomination is in favor of Spouse

5.Bond certificate of Government --nomination is in favor of Spouse.

6.Life insurance policy--nomination is in favor of Spouse.

7.Travel insurance policy --nomination is in favor of Spouse.

8.Marriage certificate issued by registrar of marriage

9.Air line's ticket/boarding pass travel together to and fro from US.

10.My Passport--at the place of name of spouse, my USC spouse is indicated

11.Valentine day's card with short message from her to me.

12.Wedding invitation cards

13.Hotel voucher for reservation of room.

14.Her mail redirected by post office to new address(after marriage she lives with me).

15.Spouse's Residence permit of my country where address in that country and name of husband is mine.

There is no birth of child(ren) /utility bill/mortgage.

Thank you.