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.
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Employment / Labor Attorney
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.
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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.
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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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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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