Legal Question in Immigration Law in Virginia

I-751 Question on ''Evidence of Residence''

I am a US Citizen and petitioned my wife for legal residence status almost 2 years ago. She mentioned to me we were in a 90-day zone of filing an I-751 to remove ''conditions of residence'' on her legal status. On the section stating ''Evidence of Relationship'', provision #2 states we show financial records showing joint assets, savings, checking, taxes, bills, etc.

We are 2 years behind in filing our taxes, and my wife is adamant we need to file in order to file these papers. We did file in 2005 jointly, but she says it's not enough.

Our tax returns are very complex, with income in 3 states, and an IRS submission of close to 70 pages of documentation. That, and my accountant charges an arm, and sometimes even a leg.

Is my wife right? I have plenty of other evidence that we are in a real marriage, including the birth of our son last year.

I need an answer on who is right here, some insight from an immigration attorney.


Asked on 3/04/08, 12:41 pm

1 Answer from Attorneys
Husna Alikhan Alikhan Law Office, LLC

Re: I-751 Question on ''Evidence of Residence''

You must also provide two affidavits from acquantainces/friends/relatives stating that the two of you are in a bona fide marriage not entered into to evade immigration laws. The latter, along with an explanation as to why you have not filed the tax returns, in corroboration with all the other evidence, should suffice. You may want to consult with an Immigration Attorney, esp. with reference to format of the affidavits, before submitting your package.

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Answered on 3/06/08, 2:08 pm


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