US-FR-couple
New Member
Came to the US on a PhD program. Married partner of a few years in 2009;
I mid thirties, she mid forties, no children. Obtained conditional permanent residency that year.
Applied for removal of conditional permanent status in 2011 (I-751).
Included in application: two affidavits from friends & family + joint bank and auto insurance.
In response to my application, I was told the documents did not meet the burden of proof. Specifically, joint bank statement + proof of auto insurance did not span time of our marriage.
In second filing, complemented above with data spanning entire period.Added three affidavits, including one from our doctor and another from our tenant (NYC civil servant) as I felt their judgment would be perceived as more independent than friends and family.
Also provided an explanation as to why we had no leases, mortgage etc. and why my wife paid the bills. Since came into the marriage my wife having significant assets including main residence where we both live. I refund her in proportion to my income for shared expenses, with a supporting bank account. I gave email evidence ( looked into possibly putting my wife on my health care plan but that did not turn out economically viable, so she kept hers. Provided proof of health care proxy (proper legal document) from the year of our marriage.
In response to this second filing, asked to go to an interview in Manhattan. I read that this extra step is usually reserved for those that have filed for divorce, not us. We have been living a life together in the same house since
prior to our marriage.
The interview was short and disappointing. We thought we'd be asked to talk about our marriage, but that did not happen. When offered to justify certain lapses, we were not given that opportunity. At the end the interviewer did not return my green card.
What should I expect?
PS: More detail about the interview:
Interviewer was probably learning about the case as interview went along. Asked to show joint account but I did not have it (I did keep a list of the things I transmitted by mail to USCIC). Instead, I told interviewer it must be in our case folder on the table. Interviewer asked my wife 'so you're the one who pays all the bills then?' (answer: yes, since I own the house since prior to marriage). Asked if we had joint investments (answer no; wanted to say 'how could I, since I depend financially on my wife for the time being').
Asked about why no income tax (answer: scarce employment track record.). Asked what I did for living (answer: unemployed, engineering background). Asked if deported/proceedings (answer: no). Verified where I lived (at my wife's house stated address, zip code etc), date of marriage. Asked for photos. My wife wanted to show them from the ipod but interviewer refused to look at it; only printed photos. Asked about joint health care. I answered: 'no, but I can explain why' (see above), but interviewer did not care to know.
She then told us she would make a judgment based on what's in our file and we would be notified in 60 days and alluded to going to court if things didn't turn out the way we wanted. My wife asked about getting out of the country to visit ailing family member. She said no problem as long as husband has a green card (we realized later it wasn't returned). We we're showed us the exit twice...
When I got outside of the building I realized she did not return the green card. So I went back in and found interviewer near the elevator. So I asked if I could get it back and answer was 'no'. I asked if it was a bad sign; answer was 'no, if it's expired we don't give it back', and I just said 'thank you & good bye'.
I mid thirties, she mid forties, no children. Obtained conditional permanent residency that year.
Applied for removal of conditional permanent status in 2011 (I-751).
Included in application: two affidavits from friends & family + joint bank and auto insurance.
In response to my application, I was told the documents did not meet the burden of proof. Specifically, joint bank statement + proof of auto insurance did not span time of our marriage.
In second filing, complemented above with data spanning entire period.Added three affidavits, including one from our doctor and another from our tenant (NYC civil servant) as I felt their judgment would be perceived as more independent than friends and family.
Also provided an explanation as to why we had no leases, mortgage etc. and why my wife paid the bills. Since came into the marriage my wife having significant assets including main residence where we both live. I refund her in proportion to my income for shared expenses, with a supporting bank account. I gave email evidence ( looked into possibly putting my wife on my health care plan but that did not turn out economically viable, so she kept hers. Provided proof of health care proxy (proper legal document) from the year of our marriage.
In response to this second filing, asked to go to an interview in Manhattan. I read that this extra step is usually reserved for those that have filed for divorce, not us. We have been living a life together in the same house since
prior to our marriage.
The interview was short and disappointing. We thought we'd be asked to talk about our marriage, but that did not happen. When offered to justify certain lapses, we were not given that opportunity. At the end the interviewer did not return my green card.
What should I expect?
PS: More detail about the interview:
Interviewer was probably learning about the case as interview went along. Asked to show joint account but I did not have it (I did keep a list of the things I transmitted by mail to USCIC). Instead, I told interviewer it must be in our case folder on the table. Interviewer asked my wife 'so you're the one who pays all the bills then?' (answer: yes, since I own the house since prior to marriage). Asked if we had joint investments (answer no; wanted to say 'how could I, since I depend financially on my wife for the time being').
Asked about why no income tax (answer: scarce employment track record.). Asked what I did for living (answer: unemployed, engineering background). Asked if deported/proceedings (answer: no). Verified where I lived (at my wife's house stated address, zip code etc), date of marriage. Asked for photos. My wife wanted to show them from the ipod but interviewer refused to look at it; only printed photos. Asked about joint health care. I answered: 'no, but I can explain why' (see above), but interviewer did not care to know.
She then told us she would make a judgment based on what's in our file and we would be notified in 60 days and alluded to going to court if things didn't turn out the way we wanted. My wife asked about getting out of the country to visit ailing family member. She said no problem as long as husband has a green card (we realized later it wasn't returned). We we're showed us the exit twice...
When I got outside of the building I realized she did not return the green card. So I went back in and found interviewer near the elevator. So I asked if I could get it back and answer was 'no'. I asked if it was a bad sign; answer was 'no, if it's expired we don't give it back', and I just said 'thank you & good bye'.
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