QUESTION

Can my I-751 application be approved?

Asked on Sep 20th, 2013 on Immigration - California
More details to this question:
I plan on submitting my I-751 this month however I am concerned about a denial. I have been married for 2 1/2 years to a US citizen and we have a son together. We live with her parents as she is a student and I watch our son. I plan on submitting wedding photos, car insurance and tax forms. We do not have a joint bank account and since her parents own their home we don't have a joint lease. My main concern is that last year we got in an argument at home and she called the police. I was arrested for DV and the case was dismissed. We have since moved on though it was a rocky time for us. Will this hurt my case to remove petitions on my green card? Do I have enough documentation? I love my wife and son and can't imagine life without them.
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3 ANSWERS

You need to arrange to have more documentation. Even if you live with her parents, you can have an agreement drawn up that shows for what expenses you are responsible or that you are paying her paying her parents some type of rent, etc. Also, you can have a joint account even if there is very little money there. You can have mail, statements, credit card bills, telephone bills, insurance documents, etc. As far as your DV, as long as that was dropped and there was no further action, there should not be any issues. You should also obtain affidavits from family members and friends as to the bona fide nature of your marriage.
Answered on Sep 23rd, 2013 at 2:55 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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it seems you will not have much difficulty proving the bona fides of your marriage since you have a child together. If your DV charge is dropped then you do not need to worry too much about this either.
Answered on Sep 20th, 2013 at 12:46 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You should be fine. Just submit affidavits as well. The DV will probably cause your case to be interviewed again.
Answered on Sep 20th, 2013 at 10:26 AM

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