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  • I 751

    hey everyone. I am a conditional resident and about to apply for the removal of condition on my status. I have a problem here and would like you guys to help me with that. I have lived with my spouse in NY for about 14 months before I had to move to texas as I got a job there as a resident doctor. My wife and our 3 months old kid has not been able to move with me because my wife preferred to stay with her parents in NY. So do you think this will pose any problem for us as far as our I 751 is concerned. and one more question please, when does one get NOA extending the period of perm. residence as my job requires me to have the status to continue my job or I will lose it, which means I will lose the whole of my life
    I thank you in advance.

  • #2
    hey everyone. I am a conditional resident and about to apply for the removal of condition on my status. I have a problem here and would like you guys to help me with that. I have lived with my spouse in NY for about 14 months before I had to move to texas as I got a job there as a resident doctor. My wife and our 3 months old kid has not been able to move with me because my wife preferred to stay with her parents in NY. So do you think this will pose any problem for us as far as our I 751 is concerned. and one more question please, when does one get NOA extending the period of perm. residence as my job requires me to have the status to continue my job or I will lose it, which means I will lose the whole of my life
    I thank you in advance.

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    • #3
      Hello Dr Healer and welcome to the forum

      You will receive the I797 receipt extending for 1 year when you file the joint I-751. File the joint with evidence from the residence that you are working. (texas). YOur drivers license and paystubs, etc will be based from there. Your new lease should include your wife's name and place the utilities etc, cellphones, blah blah in joint names, just like when you lived in New York.

      I hope you have strong evidence of a bonafide marriage for the 14 months. Yes your newborn of course is strong evidence. Hopefully you will not be called for interview and will be approved.

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      • #4
        Thanks a lot 4snow for replying me. and Thank God that nobody called me a scam or a thug.

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        • #5
          Yes, lots of problems. USCIS views separate residences as evidence of fraud.

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          • #6
            Just to add for what 4now said, I honestly think the newborn alone is enough evidence! But ofcourse the more the better.
            "A candle loses absolutely nothing by lighting another candle"

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
              Yes, lots of problems. USCIS views separate residences as evidence of fraud. </div></BLOCKQUOTE>

              All USC/alien marriages are presumed fraudulent for that matter, until and unless proven otherwise. Just as separate abodes by spouses are suspect as to the viability of said marriages. But in today's employment and economic necessities, these things do happen left and right. And these instances, if appropriately documented and justified, aren't necessarily used as grounds for denial by USCIS based on fraud as implied.

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              • #8
                Itemized phone bills and emails are always good. You can ask the phone company and your cell phone company to send itemized phone bills. If you can show that you and your wife were calling each other everyday, it's pretty strong evidence.

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                • #9
                  Mrs. Mani, can you please explain what do you mean by itemized phone bills?

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                  • #10
                    Wrong, separate residences are prima facia evidence of fraud. Phone bills won't help. There is no reason they should not be living together.

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                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Wrong, separate residences are prima facia evidence of fraud. Phone bills won't help. There is no reason they should not be living together. </div></BLOCKQUOTE>

                      I can't let this pass. How do you know what their situation is? He already said they lived together for 14 months. He moved because of a job offer. There are plenty of Americans who do this so why should it be any different for non-citizens?

                      So long as he can prove an ongoing relationship, the phone call evidence is good, travel receipts to/from NY is good too, the separate residence doesn't automatically prove fraud.
                      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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