I-751 Stress!

[mercator]

Ok here goes:

 

Long time member, but long time no see - hey all!

 

Our 90 day window for the 751 removal of conditions just opened. I am worried I am light on documentation...

What I have:

 

Utility bill - power

Utility bill - city svcs

bank records (I bank online, but it can be printed)

Home/auto insurance

SSN (and ITIN before that)

Green Card

1.75 years left on Chinese passport

Tax returns

 

What I don't have and why:

 

Mortgage - they wouldn't add her without another refi and they wouldn't put her on the first one because she was still in China and no SSN (my rate is 5.5, so a refi would cost more than it is worth, even at 5.25 now)

 

Driver's License - she hasn't wanted to learn.

Car - Own it. Registered in my name since she has no DL.

Motorcycle - Own it. Registered in my name since she has no DL.

Cable - Don't have it

Phone - company pays for it

Internet - company pays for it

Employment records - she applied for a job once, and hasn't since.

Children - want them, but reversal was a dud. Saving for more expensive surgery

 

Are we going to have a rough go at a removal of conditions? The worst that can happen is bad, but isn't their middle ground of a renewal of her 2 year green card?

 

Is there a site with some examples of affidavit formats that we could give to people as guidelines? I hope to use my brother and his wife since they live down in Spokane (80 miles). My mom would also gladly do it, but she lives in CA, so I worry they will think it is contrived. Her friend and our former next door neighbor (the only other adult Chinese woman in our town) just moved away to Tennessee and their address information is transient until they get settled in, so they seem like a shaky reference.

 

Needless to say, I am stressing over this ALOT.

 

Is it a big deal? Do we have enough to overcome this obstacle? Do they want month after month of evidence, or is a single month's record enough? Is the key to just flood them with paperwork, or have a representative sample of the evidence you do have? Is there an interview, as there was for the original green card? I am kind of hoping it is like the SSN. That was a breeze.

 

Thanks to all for your help, in advance!

 

Kenn

aka mercator

[dnoblett]

Send what you have it looks good.

 

As for DL, even though she don't drive, she can always get a state ID card showing same address as you. In NY you apply for state ID at the DMV it is called a NON-Driver ID and looks just like a driver's license.

 

As for affidavits, VJ has examples, and guidelines.

 

http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc

http://www.visajourney.com/examples/I-751_support.doc

 

Cover letter: http://www.visajourney.com/examples/Cover_...r_for_I-751.doc

Example I-751: http://www.visajourney.com/examples/INS-Form-I-751.pdf

 

Worse case is they will call you in for an interview, I-751 is not denied outright without an interview.

 

Lastly, being K-3 may have been a better thing to wait to file AOS until closer to 2 years of marriage, if it were approved after 2 years of marriage you would not be doing this I-751.

Edited December 28, 2008 by dnoblett (see edit history)

[shadeOgray]

If you havent already get her name on the utility bills too.

[mercator]

Lao po is not the patient type. Let's just say our 90 day window opened on 12/23, and I get "subtle" reminders every day since. That's why I am up at 630am on a Sunday morning. So I can send it in this week. I need to show daily progress, otherwise I start *losing privileges*.

 

 

Lastly, being K-3 may have been a better thing to wait to file AOS until closer to 2 years of marriage, if it were approved after 2 years of marriage you would not be doing this I-751.

[Cerberus]

Send what you have it looks good.

 

As for DL, even though she don't drive, she can always get a state ID card showing same address as you. In NY you apply for state ID at the DMV it is called a NON-Driver ID and looks just like a driver's license.

 

As for affidavits, VJ has examples, and guidelines.

 

http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc

http://www.visajourney.com/examples/I-751_support.doc

 

Cover letter: http://www.visajourney.com/examples/Cover_...r_for_I-751.doc

Example I-751: http://www.visajourney.com/examples/INS-Form-I-751.pdf

 

Worse case is they will call you in for an interview, I-751 is not denied outright without an interview.

 

Lastly, being K-3 may have been a better thing to wait to file AOS until closer to 2 years of marriage, if it were approved after 2 years of marriage you would not be doing this I-751.

Just add to dnoblett thoughts.

 

I was a K3 Visa and was involved with the USCIS pilot Fast-Trac program in Oklahoma. We filled out a 751 that was part of the same process. My wife and I did our AOS as soon as were able to. If I'm clearly reading what dnoblett is stating, I will respectfully disagree with him regard to waiting 2 years. Everything else he gave you in links and information is dead-on target. I used the identical links he have you, with very, very few problems.

 

There are a few other issues and the are the following:

 

DL: Use state Identification Card

Mortgage: Use a lease agreement that has her name on it. If it doesn't go to the manager and have the lease redone, with her name on it and the same time constraints. Very easily done. In addition a letter from management that states how long she has been there is helpful also. Insure that it is on official letterhead.

Accounts: Use Utility bills, Credit Cards she might have, etc. Very simple to have her name added to one of them. If they are hard-nosed. place the account in her name and you simply pay the bills

 

 

BTW Ken; cal down. This is merely paperwork, paying additional funds, etc, etc. This was the easiest part of the process for my wife and myself. She had an interview, required by Fast Trac Program, and was in and out of there in about 4 hours total time. Interview was a breeze, interviewing officer smiled often and let my wife take her time answering questions. When he didn't quite understand through her Chinese accent, he asked her to help clarify. All in all a very refreshing part of the USCIS system!

 

I think that you are worrying a bit too much.

 

I should add though, for our interview or if you are required to go to one, they asked for three months of the bills or notarized copies of forms, where applicable.

 

Sounds like you already have a very good start. Don't sweat too much! You'll both be fine.

 

Dave

[MikeXiao]

Sounds like you have enough. I wouldn't be too worried. Maybe before the citizenship, you may want to get a State ID Card.

[mercator]

On the Driver's License thing...

 

She didn't want to drive the car because it was "too new." Now that it has a couple years on it, she is a bit more comfortable with the idea of driving it. She drove in China, so the mechanics of it are there, and the manual and written test can actually be all done in simplified Chinese to make her more comfortable.

 

I'd imagine before citizenship she'd get her license. She isn't sure yet she wants to get citizenship though. She is still debating that one. She really wants to buy a house in GZ or one of the northern suburb/exurb cities like Qingyuan or Yingde.

 

Sounds like we'll just bury them in paperwork, using that concept of 3 months. I'll spread around the utility bills.

 

We have a mortgage, but it's Wells Fargo, and they are really hard to deal with, especially now. I'm surprised too, since I am a high credit score traditional mortgage paying very little extra each month (I'm in grad school, so the money is otherwise spent), but they won't add her unless I refinance, which means an appraisal (~$500), fees (1-2%, so ~$2,000), and etc. I guess if they ask in an interview, I can prepare a written, notarized statement of those sorts of things.

 

I may call the county tomorrow about adding her name to the car title, since I own it outright.

 

I hadn't thought of having her on the credit card, since we never use it and don't have a balance. I keep it for car rentals and stuff like that, which I almost never need, since 99% of my travel the past two years has been corporate. As a student I have no time to travel.

[Cerberus]

On the Driver's License thing...

 

She didn't want to drive the car because it was "too new." Now that it has a couple years on it, she is a bit more comfortable with the idea of driving it. She drove in China, so the mechanics of it are there, and the manual and written test can actually be all done in simplified Chinese to make her more comfortable.

 

I'd imagine before citizenship she'd get her license. She isn't sure yet she wants to get citizenship though. She is still debating that one. She really wants to buy a house in GZ or one of the northern suburb/exurb cities like Qingyuan or Yingde.

 

Sounds like we'll just bury them in paperwork, using that concept of 3 months. I'll spread around the utility bills.

 

We have a mortgage, but it's Wells Fargo, and they are really hard to deal with, especially now. I'm surprised too, since I am a high credit score traditional mortgage paying very little extra each month (I'm in grad school, so the money is otherwise spent), but they won't add her unless I refinance, which means an appraisal (~$500), fees (1-2%, so ~$2,000), and etc. I guess if they ask in an interview, I can prepare a written, notarized statement of those sorts of things.

 

I may call the county tomorrow about adding her name to the car title, since I own it outright.

 

I hadn't thought of having her on the credit card, since we never use it and don't have a balance. I keep it for car rentals and stuff like that, which I almost never need, since 99% of my travel the past two years has been corporate. As a student I have no time to travel.

Ken,

 

Not telling you what to do and this is a bit far and away from your OP, I would definitely try to establish a credit history for her.

 

1) Gives very good references for the future, e.g. AOS! LOL

2) What if something happens to you? She needs to have a credit history. Part of America, these days! Start simple with a Bank Guaranteed credit line and supplement a few cards (e.g. Macys, Dillard's, Nordstrom's, etc). Soon she will be receiving so many credit applications it was a surprise to my wife, that she can feel like a true USC. All wanted her to have her as a customer and btw; her money too!

 

Regard to the bank, approach Wells Fargo customer service. Simply sit with one of them explain your situation, what you need, etc. That is their job for customer service and making the customer feel good. You can always explain that you can take your account (not the mortgage) down the street to Bank of America and they would gladly write the letter for you! I have used thgis hard-nose tactic before in Oklahoma! Talk about a fire set up under a mules belly. The mule was running after this!

 

BTW, I feel kind of stupid for not thinking of this! How how about the time period she has had medical insurance and/or life insurance. You surely must have updated her address by now.

 

I sense you are already relaxing. Yep! The latest three months you can bury them to their eyeballs in paper, to prove your wife.

 

Good luck!

 

Dave

[mercator]

 

Not telling you what to do and this is a bit far and away from your OP, I would definitely try to establish a credit history for her.

 

1) Gives very good references for the future, e.g. AOS! LOL

2) What if something happens to you? She needs to have a credit history. Part of America, these days! Start simple with a Bank Guaranteed credit line and supplement a few cards (e.g. Macys, Dillard's, Nordstrom's, etc). Soon she will be receiving so many credit applications it was a surprise to my wife, that she can feel like a true USC. All wanted her to have her as a customer and btw; her money too!

 

BTW, I feel kind of stupid for not thinking of this! How how about the time period she has had medical insurance and/or life insurance. You surely must have updated her address by now.

 

Good luck!

 

Dave

 

Well, my life insurance is a pretty big chunk. Obviously we don't talk about those kinds of what ifs much (bad luck), but the gist I get from her is that if I was gone, she would move back to China. Once I get my Master's degrees, she is sort of hoping I get an American wage job in China. We'll see, but its fair to say we will be somewhere else, and that she'll want to get a job and get rolling then.

 

I want her to get a credit history, but it is tough since we waited until October to get the SSN. Now she might be able to apply for one, though she has no income. I like the idea of a guaranteed line, especially if that is something she can apply for on her own. I'll gladly cosign, but I agree it is good for her to get a line in her own name. I don't have to worry about her abusing it. I can honestly say I have never stretched a paycheck like she can!

 

As for life and medical, she's been on my life insurance since we got married, and she's had my medical since then as well. I'll be sure to include that stuff in the submission.

 

*helpsmile**************** On PHOTOS **************helpsmile*

 

Can I print them out on my laserprinter (black and white) or do I need to take them to walmart and make special prints for the government? Lao po wants to get some Christmas shots for the family in China anyway, but sending 2-3 on a sheet of paper would make the package less bulky than a pack of photos would.

[Cerberus]

 

Not telling you what to do and this is a bit far and away from your OP, I would definitely try to establish a credit history for her.

 

1) Gives very good references for the future, e.g. AOS! LOL

2) What if something happens to you? She needs to have a credit history. Part of America, these days! Start simple with a Bank Guaranteed credit line and supplement a few cards (e.g. Macys, Dillard's, Nordstrom's, etc). Soon she will be receiving so many credit applications it was a surprise to my wife, that she can feel like a true USC. All wanted her to have her as a customer and btw; her money too!

 

BTW, I feel kind of stupid for not thinking of this! How how about the time period she has had medical insurance and/or life insurance. You surely must have updated her address by now.

 

Good luck!

 

Dave

 

Well, my life insurance is a pretty big chunk. Obviously we don't talk about those kinds of what ifs much (bad luck), but the gist I get from her is that if I was gone, she would move back to China. Once I get my Master's degrees, she is sort of hoping I get an American wage job in China. We'll see, but its fair to say we will be somewhere else, and that she'll want to get a job and get rolling then.

 

I want her to get a credit history, but it is tough since we waited until October to get the SSN. Now she might be able to apply for one, though she has no income. I like the idea of a guaranteed line, especially if that is something she can apply for on her own. I'll gladly cosign, but I agree it is good for her to get a line in her own name. I don't have to worry about her abusing it. I can honestly say I have never stretched a paycheck like she can!

 

As for life and medical, she's been on my life insurance since we got married, and she's had my medical since then as well. I'll be sure to include that stuff in the submission.

 

*helpsmile**************** On PHOTOS **************helpsmile*

 

Can I print them out on my laserprinter (black and white) or do I need to take them to walmart and make special prints for the government? Lao po wants to get some Christmas shots for the family in China anyway, but sending 2-3 on a sheet of paper would make the package less bulky than a pack of photos would.

I know what you mean about bad luck talk and such among Chinese. Yin doesn't refer to it as death, when we discussed Life Insurance. She refers to as as "Rain falls on your head!"

 

Regard to line of credit, our bank is Bank of America. My wife paid $300.00 minimum and did all the paperwork herself. I didn't want to have my hands taint the natural credit application cycle, for the lack of a better descriptive term. She is now up to $1,000 credit line (BofA), and $500 on her Macy's Credit Card. She is constantly deluged with credit applications, since others sold her name to other credit agencies. She and I have taken the liberty of filling the self-addressed return envelope, with discount/sale pizza coupons to the agencies! We want them to share in our savings too! A perverted desire, which we both delight in. Who said Chinese women don't have a sense of humor? BTW, cuts the amount of spam mail we get from them down damn quick!

 

Chinese are nobody's fool and my wife smells what these other creditors want. She watches these accounts like a typical Chinese hawk!

 

Regard to photos I always placed the color photos on a separate sheet with heading under each of them and then have a cover sheet, with a nicely typed index, of what are on the following sheets. Example, Wife and Myself at Wedding Ceremony, PHOTO #1, Staring Left to Right: Brother-in-Law (Mr X, Wang), Wife, Husband, Uncle-in-Law, (Mr YZ, Huang). Photo taken Chengdu, China, on XX/XX/XXXX

 

Cost is negligible. I think I spent $10 to $15 total and a bit of time typing the headings, etc. If my memory is correct I think I had a total of three pages and an index page. The photos were spread out over a two-year time frame and I think I had a total of 10 to 12 photos. If they need more than this, you are really dealing with an anally retentive idiot. Therefore, on interview (if necessary) carry a few extra photos different from the original submission. BTW, one or two wedding photos are acceptable, but they really are looking for candid (time-related of relationship) photographs. JMO

 

I would have one small advice. The neater and more organized the packet is, the better. The reader should have only one ow two questions maximum after they receive a well organized packet. Personnel in USCIS hate to see a jumble of papers haphazardly put together that forces them to sort through the packet and try to figure the answers that they need! You hate to see this in everyday life and so do I!

 

Dave

Edited December 28, 2008 by Cerberus (see edit history)

[LeeFisher3]

Lao po is not the patient type. Let's just say our 90 day window opened on 12/23, and I get "subtle" reminders every day since. That's why I am up at 630am on a Sunday morning. So I can send it in this week. I need to show daily progress, otherwise I start *losing privileges*.

I consider the slam dunk or best possible document to submit it's her name on the house. Now this has nothing to do with the mortgage, just add her to the title and it's done with a quit claim deed at the county office. You should be able to get the legal description off your existing title.

 

I used one of the online legal form sites to get the proper format, be sure to make sure the final document has at least a 1 inch margin all around, use your existing deed as an example of the margins the county requires.