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?
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.
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.
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.
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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.
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.
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.
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