Good morning, We have filed form i-751. We included joint tax forms from the past two years, joint credit card statement, benefit information (she is in my benefits, medical/dental/vision), life insurance (she is my beneficiary), photos and five affidavits. Was this enough? I have read information in other forums that leads me to believe that more was required. If this was not enough, can I submit additional information? Thank you.
The I-751 receipt notice advises you to submit supporting documentation if you have not already done so. The implicaiton is that you can submit more evidence if you wish after filing the I-751. So if you feel that you could submit more supporting documentation, you can do so. You should note your receipt number and submit a copy of the I-751 receipt notice so that your additional documentation hopefully gets into your file.
If what you submitted is not enough, USCIS will either request more documents, or will schedule an interview. If an interview is scheduled, you will be able to submit additional documents then.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
Determination of the adequacy of the documents is made by a USCIS officer exercising subjective discretion. It would be wise to submit a more extensive set of documents, but it is possible that the documents you described will suffice. If, for example in connection with your conditional residence interview, you submitted particularly strong and extensive evidence including, for example, evidence that you and your wife have had a child together, then at the I-751 stage fewer documents will be required. If you submitted many credit card statements showing payment for household expenses for both spouses, that might be pretty strong. Photographs and affidavits generally are not considered very strong evidence, since they can be Photoshopped or the significance of the photographs may be unclear, and affidavits often are discounted as likely to be biased. Adding joint bank account statements and residential lease/ownership records would be helpful.
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David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
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[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * firstname.lastname@example.org
In most cases that would be enough but USCIS has the option to request more evidence or schedule your case for an interview depending on the facts of your case whether you are living together, other fraud factors they use to analyze cases, and the documentation you submitted. Once you get the Receipt with the case number you can try and supplement with adidtional materials but no guarantee they will reach the file. Best to wait until they ask for them in my opinion.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law