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I-751 commingling asset requirements

New York, NY |

Are the commingling assets needs to be within the 2yr of marriage are the ones being counted for bona fide marriage? What if we submitted our I-751 then after a month we purchased a car, then we received an RFE..will the joint car that we just bought be considered as commingling asset?

Attorney Answers 7

Posted

There is no such a requirement. The requirement is to convince the Agency that your marriage was bona fide at the inception and feasible at the time of the removal of conditions is being sought. How you do that and the technicality and evidentiary methods of proving the case that might be involved, depend on the specific situation.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

USCIS likes RFEs on I -751 these days. You need to meet with an experienced attorney to see what evidence you can present to persuade them of your real marriage.

New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.

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Posted

It is not simply about showing you commingled assets. To remove the conditions on your residence, you must establish the marriage was entered into in good faith. USCIS expects that during the past two years you and your spouse have been able to acquire additional evidence about your relationship. Purchasing a car together jointly will likely be insufficient if there is no other evidence. You would be best advised to schedule a consultation with an experienced attorney to go over what evidence you have to show your marriage was bona fide.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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2 comments

Asker

Posted

we submitted joint apt lease, joint bank account, joint tax return, joint phone bills, 401K my wife as beneficiary, photos.., joint credit card..

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

It sounds like you are on the right track, but without actually review the submitted documentation it is hard to properly assess the matter. It is not about the quantity of the evidence, but the quality.

Posted

Sure, you can add the car's papers in the RFE.

The most common mistake people make is only sending in a few months worth of bills/bank statements.

You should send in the FULL 2 YEARS worth of papers.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

USCIS looks at a combination of documentation to determine whether the marriage is bona fide.

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

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3 comments

Asker

Posted

combination of the 2yr of marriage or combination from the day 1 of green card to present (after 2yrs of marriage)?

Harry Asatrian

Harry Asatrian

Posted

If you're really married you have nothing to worry about. If you are not, worry.

Asker

Posted

thanks, It's a real marriage..

Posted

Submit everything you have with the RFE.

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Posted

The immigration officer will look at all the evidence submitted to determine if the marriage was made in good faith. Having a joint loan on a car would be one piece of evidence to demonstrate that your marriage is legitimate. However, you should submit as much proof as possible that your marriage was genuine and not made to circumvent immigration laws. You should consult an immigration attorney to help you collect and review the other documentation needed, as well as, assist you with the process.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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