I-751 filing with US citizen living abroad

[vv123]

Hi everyone, as a petitioner I am going to submit this application jointly but my situation is a bit different. My spouse is currently living abroad due to the covid and will not be coming back soon. So we have been living separately for a while. And we almost not have bank account together. I have a little concern about this. So I need to prepare everything very well. We bought a house together and we have a child though. I have a few questions :

0. Do we need to mention or highlight we are currently long distance?
1. How long does it take to get the permanent GC?
2. Do we need interview after submitting? Or do you know currently is it common to have interviews. My spouse might not be able to go for an interview. Not sure if there is anything I need or can do to waiver this.
3. Do we need any docs original, or just all in copies?
4. Do we need to put all places "N/A" is nothing should be filled in I-751 (I see the instructions said put N/A)
5. Do I need to provide any pass port photo when submitting?
6. Should I print or hand write for I-751? Since some addresses are too long seems can't fill in by print.
7. Is the only thing need wet sign of my spouse and me are in I-751?


Really appreciate if you can help or give any suggestion. Thanks so much!

[rkk09]

Hi,
Please see my response below.
0. Do we need to mention or highlight we are currently long distance?
Answer: Normally there are three exceptions to the joint filing requirement. 1. Extreme hardship waiver. 2. Divorce waiver. 3. Battered Spouse Waiver. Regarding your situation, since this is case specific, better you have a discussion with Immigration Attorney on this.
1. How long does it take to get the permanent GC?
Answer: It depend upon service center where you file. Please let me know, where you will file the petition. Just for your information, Vermont: 8.5 to 17 months, CA: 16.5 24 months, Nebraska: 16.5 to 31 months, Potomac: 20 to 22 months, TX: 4.5 to 6.5 months. Please note, these details are provided as per current time range. It may vary in future.
2. Do we need interview after submitting? Or do you know currently is it common to have interviews. My spouse might not be able to go for an interview. Not sure if there is anything I need or can do to waiver this.
Answer: USCIS will often require an Interview after you file the petition.
3. Do we need any docs original, or just all in copies?
Answer: Most of the time USCIS will accept copy of documents. Please make sure to submit legible photocopies. Original can be submitted upon request.
4. Do we need to put all places "N/A" is nothing should be filled in I-751 (I see the instructions said put N/A)
Answer: Yes. If your answer to a question which requires a numeric response is zero or none type “None,”
5. Do I need to provide any pass port photo when submitting?
Answer: Normally, Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas only need to submit photos. They may call for Biometrics if needed.
6. Should I print or hand write for I-751? Since some addresses are too long seems can't fill in by print.
Answer: Either way is acceptable. If you prefer to write by hand, write legibly and use black ink.
7. Is the only thing need wet sign of my spouse and me are in I-751?
Answer: Normally, manually signed of both is needed in the form.
Thanks.

[UScitizenFilingforspouse]

vv123 I would strongly recommend that you take a look at the sample Table of contents posted on this thread. https://www.immihelp.com/forum/after...nent-residence

Include evidence since the date of your marriage. You own a home together, you have a child together. Those are all very strong evidence of bona fide marriage. You just have to be diligent and creative to show in what other ways your lives are intertwined. I personally do not think that you need an attorney for your filing. Just make sure that you show plenty of evidence. Connect the dots for USCIS.

You should both be listed as emergency contacts for everything - at work, on any insurance, doctor's office, your child's pediatrician, etc.

You should also be listed as beneficiaries of everything - 401k, IRAs.

If you do not have a living will, advance health directive, I would definitely recommend drafting two and getting them notarized.

If you pay for joint responsibilities from personal bank accounts, then show that. If you send each other money for expenses, then show that, too.

I would show how often you two communicate (email, phone, Skype, etc)

You are not separated. You just do not live together due to covid. I would definitely explain that. There is still plenty that you can show.

Most cases are adjudicated and approved without an interview. Because you are not living together, the officer who reviews your file may decide to schedule an interview. However, there is a child, you own a home together, you should still be filing taxes as either married filing jointly or separate (either one is fine) and hopefully you can show how else your lives are intertwined. Thus, there is a fair chance that the officer may just be satisfied with the evidence that you send and approve your case without an interview.

All the best,

USCFFS

PS: I would fill out the I-751 on your computer and print it. They scan documents. You will need to have a wet signature from your husband.