ROC advice

[ama537621]

In 9 months we can file for Yuan's ROC.

 

While we have been living on China for my work the company has provided our apartment. our name is not on the lease or any of the bills required for the apartment. I was thinking about putting the STAR program literature on the packet with the section marked about the company providing housing along with a copy of my contract as part of the packet.

 

As far as other evidence we will have

 

1. Bank statements from 1 month after wedding till current

2. NYS DL showing our US home address

3. Chinese birth cert for our daughter

4. CRBA from the shanghai consulate for our daughter

5. insurance cards with both of our names

6. Credit card with her as authorized user not really helpful but it will not hurt to send it

7. Electric bill's from Feb of this year on with her name. I know we should of done this sooner but for some reason our local elec company would not add her without the GC, she had to fly back to china before it arrived in the mail due to final trimester of pregnancy.

8. We will get her a secured credit card or loan when we are back in the states in a week.

9. life insurance and 401K showing her as ben

10. Pictures of us with the baby from birth thru the filing of the packet, along with pictures from various trips in china and around western NY.

11. Hopefully we will have a new house in both of our names by the time we file. I could add her to our existing house title when we pay it off next week but do not want to waste the money if we can sell it when we buy the new place.

12. Copy of my work contract showing that I was working in China for 11 months.

 

My main concern is the amount of time she will have spent out of the country during her conditional GC. We have a I-131 covering last year, but it expires mid feb and we are coming back until middle to late april. I do not think we will have any trouble entering this time. But with us only staying 2 weeks then leaving again for 2.5 months they might give us problems with the ROC. She will have been out of country for approx 15 months of her 2 year GC time. The time she was out was because of traveling with her spouse for work purpose so that should time out of country should be ok, at least I think it should be.

 

Anything that I am missing in my thoughts on the packet?

[dnoblett]

The time out of country should have no effect on removal of conditions, what ROC is all about is to see if the married couple is still in a bonafide marital relationship at two years of residency.

 

Your list of documentation should be more than sufficient.

 

In our case my wife and I were living at parent's home at the two year mark, and did not have a home or apartment lease in our names, and was not an issue, so I would not bother adding spouse to the deed of the exiting home.

 

Having a child together, and showing living together should be sufficient.