Additional Evidence To Remove Green-Card Conditions

People who obtained a green card through marriage have conditions placed on their permanent residence status. To remove the conditions from your marriage-based green card, you can file a Form I-751 Petition to Remove Conditions on Residence. You will need to provide supporting evidence to verify if your relationship with a U.S. citizen is valid to have the conditions removed.

However, after filing the Form I-751 petition, the government may respond with a request for additional evidence (RFE). U.S. Citizenship and Immigration Services (USCIS) may send you a letter requesting additional documentation, specifying what you need to provide according to immigration law.

If you fail to submit additional evidence or only provide some of the information requested, USCIS may make a determination without all the required documents and deny your request. There may be a limited time to submit your response. Talk to a qualified immigration attorney about what you need to do in support of your case.

Letter Requesting Additional Evidence

If you have conditional permanent residency and a green card with your U.S. citizen or permanent resident spouse, you can apply to have the conditions removed after two years. If you are still married in good faith, Form I-751 has a joint filing requirement with your spouse. In other situations, you may be able to file the form without your spouse.

From the time you submit your first green card application until you receive the letter of request for evidence, a lot of time can pass. In many cases, you likely accumulated new documents, payments, photos, and assets while on conditional resident status.

If you have any questions after receiving this letter, do not hesitate to seek legal advice. Many immigration attorneys know the different requirements that this application may have and can help you submit the necessary documentation. They are also aware of the time limits, types of evidence of intimacy that can support your claim, and where to gather evidence of cohabitation that you may be missing.

What Does the Additional Evidence Request Letter Contain?

The letter from USCIS contains a list of evidence that they didn’t think was clear or sufficient. Immigration officials may suspect a fraudulent marriage or that the initial marriage was only for immigration purposes. They will ask you to provide new or additional documentation.

Remember to pay attention to the deadline for submitting additional evidence. Send the original letter that you received in your package in front of the new documentation. You generally do not need to include documents that you already submitted, such as:

• Sponsor or beneficiary information
• Medical records
• Address of residence
• Resident status

In many cases, some evidence will be impossible to obtain yourself. For example, you won’t have a birth certificate for a child if you do not have children.

Additional Evidence To Show Joint Financials

The letter may ask for joint bank account records or other evidence of your and your spouse’s joint assets to support proof of your marriage. Even if you have separate accounts or don’t share an account with your spouse, there are other ways to show shared financial accounts. Some types of supporting documents include:

• Extensions of credit cards from one spouse to the other
• Financial records showing joint ownership of assets
• Records showing joint responsibility for debts or liabilities
• Mortgages
• Joint credit card statements
• Loans
• Joint bank account statements
• Joint health insurance, car insurance, and life insurance policies
• Joint tax return
• Purchases of goods in the name of both people
• Joint utility bills
• Investment accounts showing the other spouse as the beneficiary
• Transactions that benefit both (for example, one of the spouses pays for both mobile phone lines, and the other buys all airline tickets)

Additional Evidence To Prove a Real Marriage

You can contribute new photos that show your legitimate marriage continues. Some examples of a bona fide marriage include:

• Renewal of the rental agreement or new mortgage payments on a common residence
• Recent trips and vacations together
• Anniversary celebrations
• Sworn affidavits by people who know both you and your spouse

According to USCIS, the most genuine and strong evidence of the integrity of a marriage is by presenting the birth certificates of children you have together.

An immigration attorney can clarify any questions you have about the requests for evidence. An attorney can review your additional evidence letter and explain precisely what to do in your particular case.

Evidence After the Relationship Ends

In some cases, the relationship may have ended since you received conditional permanent residency. If you are filing for the removal of conditions after your spouse has died, you can submit a copy of the death certificate along with evidence in support of the relationship. If you divorced, you may have to submit a copy of the final divorce decree or annulment documents.

If you separated from your spouse because of domestic violence or abuse, you may submit evidence in support of your case if you or your child were battered or subject to extreme cruelty. Evidence may include police reports, court records, or other evidence of abuse by clergy, social workers, or school personnel.

You may also qualify for the removal of conditions if deportation to your home country would result in extreme hardship. Talk to your experienced immigration lawyer about the options available in your case.
Once approved for lawful permanent resident status without conditions, the next time you have to renew your green card will not be for 10 years. The next renewal is typically more straightforward, or you can adjust your status by applying for United States citizenship. For legal advice about removing conditional green card restrictions, talk to an immigration attorney.