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Immigration Issues/Lifting the conditional green card




This is the husband here.  We have a joint checking account and pay our joint bills out of this.  It is my responsibility to provide for my wife so I have not put her in a liability position by adding her name to MY existing liabities, such as mortage, property taxes etc.  I have insurance coverage to take care of these liabilities upon my death etc.  I did not see anything on INS green card application that indicated any REQUIRED documents or REQUIREMENTS as to how to organize your financial/personal life.  My objective has been to provide for my wife as is my responsibility and to make sure she can survive on her own in case I die.  That is my responsibility and how I was raised.  I do not understand how the INS can dictate how you are to live your true married life and not even tell you what the requirements are.  I must have some rights as a US citizen to persue life, liberty and freedom with my wife!  I guess I will have to talk to our congress person if our application is denied based upon unspecified requirements and assertions that our marriage is untrue without proof or evidence against us.

Followup To

Question -

This means the INS is going to deny our applicaton because we did not have the Joint Utilities bills and Property ownership...
Are they going to give us a chance to have an interview so my husband can explain why we were missing these important documents or not?
Can you give us advice after we receive the denial application from the INS?
Again, thanks for your helps.


Followup To

Question -

How we are going to explain to Immigration Officer if they do not give us a chance for the interview?  
We are a good faith marriage so I pray for God that the INS will give us a chance to clear this problem out.
My husband parents were all born in U.S.A, my husband never ran into this Immigration stuffs so he had no experiences about how to lift the condition for his wife.
He did not realize to have my name on utilities bills were so important after I moved in.  At that time, I believed my marriage was true love so I did not worry and repare much for lifting the condition.  
After my husband fix this problem, what should we do with the new documents that have both name there?
Should we submit them to INS or keep for records?
We have been waiting for almost 9 months already and still have not received any things from the INS.
I don't know what to do with my job if the INS do not answer my status by Feb 10th, 2007. Do you?
Thanks for your answer,


Followup To

Question -

My husband already owed the house when we were dating.  I lived in an appartment at that time.
After our marriage on August 16, 2003, I moved
in my husband's house and we have been living in the same house for almost 3 years.
All the utility bills, phone bills..etc.. were
under my husband's name even though we used the joint account to pay for these expenses.
I don't have my name in those utilities bills due to my husband told me they were not required to
have my name in these bills. Now, we are in deep trouble even though we are a true love marriage.
Can you give us advice what we should do at this moment?  How are we going to prove to INS for this good faith marriage?
Thanks so much for your helps,


Answer -
I am send "Sam's Card' AAA and other superfulous items.  What about utility bills? Mortgage? Rental agreements?  anything of contractural nature that indicates both of you are obligated?

Did you file to remove your conditional status 90 days before the anniversary date?  Go to your local CIS office and request a status on your case.  February 2006 was your anniversary date, you should have received a decision by now.

Answer -
Well, your husband was wrong.  Proof to CIS is the
co-mingling of bank accounts, bills, real property ownership.  Apparently you have none of these.  I strongly suggest your husband correct this.

Answer -
Instructions were sent when you received your applications that specifically state what you need to present.  Your husband must take the responsibility to thoroughly READ the instructions and submit the required documents.

you can request an appoint with an adjudication officer at your local CIS office to discuss your case.

Answer -
You need to prove the validity of your marriage.  Videos can be orchestrated, which fraud cases usually include.  I find it HIGHLY irregular that your marriage lacks the mere basics to indicate you have a valid marriage as it relates to shared expenses and obligations.  You need to remedy this immediately.

Unfortunately, marriage fraud is a prevalent method foreign nationals take to gain residency then citizenship in the United States.  The government is forced to place tight controls, one of them being proving the validity of a marriage between a US Citizen and a foreign national.  The proof in most cases suffices with the presentation of comingling of financial responsibilities, which would indicate the husband and wife have been living together during the conditional phase of the permanent residency status of the spouse.  This normal reduces any suspicions by an adjudicator, who can scrutizize the relationship without any sustaining information the marriage is valid.

Marriage fraud is a very profitable business and is a weak link for terrorists and other criminals gaining entry into the US.  But if caught, the ramifications are severe...minimum of 10 years in prison for anyone involved or facilitating the marriage.  Perhaps this will give you a better understanding why proof is required of a US Citizen - Foreign national marriage.

You state there were no requirements to produce documentation to prove your marriage.  Apparently, you failed to thoroughly read form I-751, (Petition to Remove Conditional Status).  Under Section 216.4(a)(5) of the Immigration and Nationality Act, - Documentation. Form I - 751 shall be accompanied by evidence that the marriage was not entered into for the purpose of evading the immigration laws of the United States. Such evidence may include:

(i) Documentation showing joint ownership of property;

(ii) Lease showing joint tenancy of a common residence;

(iii) Documentation showing commingling of financial resources;

(iv) Birth certificates of children born to the marriage;

(v) Affidavits of third parties having knowledge of the bona fides of the marital relationship, or

(vi) Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States.  

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