Legal Question in Immigration Law in North Carolina

Removal of conditions on conditional permanent residence

I obtained conditional PR residence based on marrige and am due to send the I751 to request removal.

However, my spouse and I live with her mother, as her father is deceased.

The house is fully owned by the mother. We cannot afford to move into our own house at this time.

The I751 asks for lease agreements etc.

Will this be a problem, especially if some of the house bills are registered in her mother's name? What can I do to make it easier for myself when the time comes?

What evidence can I supplement to compensate for this absence of lease agreements? Is having drivers licenses that show same address enough?

Do I need a lawyer?


Asked on 5/09/03, 2:54 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Removal of conditions on conditional permanent residence

Show commingling of financial resources (e.g. joint bank accounts, insurance policies, tax filing, financial documents, etc.) If there are any children - birth certificate, photos of both of you together, affidavits of people having knowledge that the marriage is in good faith.

Include a letter explaining the situation regarding the house.

The burden is on the petitioner to show that the marriage was not entered into for the purpose of evading immigration laws.

Be aware that over a year can pass before they even adjudicate the petition. If so, you will need to make sure that your conditional status is extended (since upon filing the petition, it will extended for one year).

- Jeff

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Answered on 5/09/03, 4:05 pm


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