Is there any way to "merge" my NRA wife into my financial affairs here in the U.S.?

[shira 4]

I just visited my local Bank of America, to inquire about how to add my wife (a NRA in China) to my checking account. I was told that she needs to physically be in the bank here in the U.S., with her original passport, in order to execute a new signature card. BoA told me that under the Patriot Act, it's no longer allowable for her to use notarization services of a U.S. Consulate in China to get the bank what they require.

I also inquired about how to add my wife as the beneficiary ("payable on death") to my financial accounts. For this they told me she doesn't need to be physically present and her original passport isn't required (just a copy). However, what they DO need is her SSN or an ITIN (Individual Taxpayer Identification Number). I won't be able to get an ITIN for her until at least 8 weeks after I file my 2012 tax return.

So it looks like - for the timeline of out DS-230 submission - it's impossible for me to show any evidence of "merging" my wife with my own financial affairs. Two other possibilities occur to me: Making her the beneficiary of my work life insurance policy and adding her as an authorized user to one of my credit cards. I'm a little wary about adding her to a credit card account right now, as I'm in the process of purchasing a new house , and I don't want to do anything that might affect my credit rating. But in theory, I wonder if adding her to one of my credit cards is also impossible.

I was about to research the viability of those last two alternatives, but then I thought of VisaJourney:

Does anyone know if what BoA told me about the rules under the Patriot Act are true? Also, can I add my wife (with no SSN or ITIN) to my life insurance policy or as an authorized user of my credit cards?

Obviously, my wife and I could arrange to add me to HER Chinese bank account, but this seems absurd, as her bank balance is tiny.

Any suggestions?

[UK-USA-K1 128]

I can't answer for 100% certainty on the Patriot Act, but I know my bank also requires the same "in person" data and I'm not with BOA.

As for the Life Insurance, standard issue policies the beneficiary is the wife unless it states otherwise (at least that's how mine works) You should be able to make a quick call to your insurance agent or if it's through work, whoever sets up and runs the policy for them may know.

Credit Cards are a little more tricky. Some of them require a SSN and others do not. I currently have a Discover, Visa, AMEX and Master Card from various banks. I was able to add my fiance to my Discover and Master Card just by accessing my account online and adding her name, they sent a card to me and I sent it on to her. As for the other two, they required SSN like the bank, and I couldn't add her to them. Another note on the credit card, before you choose to get one for your wife, you may want to check and see what their policies are regarding fees for foreign transactions. These can add up quickly. Also, if you do get her one, be sure to give them notice that she may be using the card outside of your home location or she may get declined often.

Hope this was of SOME use to you. Best of luck

[shira 4]

I can't answer for 100% certainty on the Patriot Act, but I know my bank also requires the same "in person" data and I'm not with BOA.

As for the Life Insurance, standard issue policies the beneficiary is the wife unless it states otherwise (at least that's how mine works) You should be able to make a quick call to your insurance agent or if it's through work, whoever sets up and runs the policy for them may know.

Credit Cards are a little more tricky. Some of them require a SSN and others do not. I currently have a Discover, Visa, AMEX and Master Card from various banks. I was able to add my fiance to my Discover and Master Card just by accessing my account online and adding her name, they sent a card to me and I sent it on to her. As for the other two, they required SSN like the bank, and I couldn't add her to them. Another note on the credit card, before you choose to get one for your wife, you may want to check and see what their policies are regarding fees for foreign transactions. These can add up quickly. Also, if you do get her one, be sure to give them notice that she may be using the card outside of your home location or she may get declined often.

Hope this was of SOME use to you. Best of luck

Thanks for your answers. My wife is very independent, and when I visit her she NEVER lets me pay for anything. I know that if I add her to one of my credit cards, she'd never use it in China. The only point of adding her now would be the extra "evidence" that this would provide. But as I wrote before, I'm a little nervous about any possible effect a change like that might have on my credit score.

I'll call my company's HR department and ask them about what their rules are on insurance beneficiaries.

[UK-USA-K1 128]

Thanks for your answers. My wife is very independent, and when I visit her she NEVER lets me pay for anything. I know that if I add her to one of my credit cards, she'd never use it in China. The only point of adding her now would be the extra "evidence" that this would provide. But as I wrote before, I'm a little nervous about any possible effect a change like that might have on my credit score.

I'll call my company's HR department and ask them about what their rules are on insurance beneficiaries.

Mine refuses to use hers too.

As far as the credit is concerned, giving her a card that is under your name shouldn't have any affect on your credit. Your score is based on spending habits, total debt, late payments etc. If you are wanting to use her name as a co-applicant on the loan, then her information would come into play, but if you have the finances to qualify on your own, her name on a card won't change that.

[NikLR 13,227]

I was added to my husband's bank no problem. They required me to fill out and sign a w8ben form, 2 pieces of govt Id and a signature card, all emailed. He deals with USAA and its a military bank so probably better able to deal with foreign spouses than most banks. This was Sept 2012.

[shira 4]

I was added to my husband's bank no problem. They required me to fill out and sign a w8ben form, 2 pieces of govt Id and a signature card, all emailed. He deals with USAA and its a military bank so probably better able to deal with foreign spouses than most banks. This was Sept 2012.

I wonder if Canada and perhaps some other Western countries are given special treatment. I also have accounts at Citibank, so I guess I ask them the same questions tomorrow.

[NikLR 13,227]

It helps if the country in question has a tax treaty with the USA.

[bigdog 376]

Merging lives is not an immediate process, after your initial GC thier is a two year merging process and gathered documentation. Since thier is no time line, I don't know when you started this or where you are exactly at in the process. If you are newly maried and getting organized thier is less merging to show for proof, so rely on travel, photos, marriage docs etc.

[Darnell 8,478]

since she's NRA - best to use the ITIN if you want to do banking stuff,

but it's still a hassle because of the Patriot ACT.

BEST you can do, at this stage, IMO, is to get POD instructions with bank and HR and life insurance

then have both names on utilities and lease/house deed.

Don't worry about medical insurance till she's in the USA.

You have some time to generate stuff, the DS-230 doesn't have to filed immediately, ya know.

Edited February 13, 2013 by Darnell

[speedwell 224]

I was added to my husband's bank no problem. They required me to fill out and sign a w8ben form, 2 pieces of govt Id and a signature card, all emailed. He deals with USAA and its a military bank so probably better able to deal with foreign spouses than most banks. This was Sept 2012.

I have USAA. They also asked me to fill out a W8BEN form, but that is really necessary only if the account is interest-bearing, which my accounts are. It can't be filed if the NRA is an individual with no SS or ITIN, so not an option for us. We went to Wells Fargo while my husband was visiting, opened a non-interest-bearing savings and checking account with his passport, and have so far had a good experience. The bank manager and customer service person were both spousal visa beneficiaries, so they understood. My husband will use his debit card to pay fees if he needs to at his interview.

Edited February 13, 2013 by speedwell

[Darnell 8,478]

ya, it's a bit different for spouses still in China, alas - but I've heard some interesting results with faxing that W8-BEN form instead.

[shira 4]

ya, it's a bit different for spouses still in China, alas - but I've heard some interesting results with faxing that W8-BEN form instead.

Does the Guangzhou consulate realize how unrealistic it is to expect "joint accounts" in the U.S. when there's no way for the spouse to visit the U.S.? And do they realize how silly it is to expect a joint lease when the two spouses live in different countries? I've owned my own home in the U.S. for many years, since long before I met my wife. In Chengdu, I sent my wife money to get paid-up-front 1-year lease on an apartment. But she's the only signatory on the lease, since I wasn't there at the time she got the apartment. I also sent her money after the year ended to pay for another year (and, yes, I've documented sending that money to her - in all, about $7,000).

Obviously, we could open a joint account in China during my next visit. Do you think that's worth doing? But opening a joint account in the U.S. seems impossible under the Patriot Act (since we don't have an ITIN yet).

I'm going to be applying for an ITIN when I file our joint tax return for 2012, but under the new, much stricter IRS rules, getting an ITN is very difficult. It looks I'm going to have to bring her passport back with me when I next visit her (in April), and submit it with the tax return. This is VERY risky, as I'm afraid of what might happen if the IRS loses her passport. Also, she might get an interview date at a time when the IRS still has her passport. Ahhhhhh!!!

[PhillyJon 2]

I'm pretty sure the Chinese banks don't allow joint accounts. Individual only. My wife works in a bank there and I've heard others here say the same.

Also, my understanding is that the mingled finances are seen as signs of a bona fide marriage, which is part of the I-130 petition with the USCIS, not part of the visa process at the embassy. -- Jon

[shira 4]

I'm pretty sure the Chinese banks don't allow joint accounts. Individual only. My wife works in a bank there and I've heard others here say the same.

Also, my understanding is that the mingled finances are seen as signs of a bona fide marriage, which is part of the I-130 petition with the USCIS, not part of the visa process at the embassy. -- Jon

Can you expand on this? I was under the impression that "evidence of bonafide marriage" was examined almost exclusively by the individual consulates, not by the USCIS or the NVC.

[NikLR 13,227]

It's examined by the USCIS and more thoroughly by the consulate/embassy. The USCIS can send you an RFE requesting more evidence that you have a bona fide marriage for the petition. The consulate or embassy is the one who makes the final call with all of the information and approves or denies or requests more information to make an approval or denial for the visa.

Remember they are two different things. For IR1/CR1 visa chasers it works like this: The USC (or perm resident) petitions for their spouse to make a visa application. They have to show it's a bona fide marriage and that the USC isn't some sort of criminal. If the petition is approved then it is sent to the NVC who accepts visa applications and Affidavits of Support (to show the petitioner can support their beneficiary.) If all the information is there, they send it to the consulate who makes the final decision on if the marriage is genuine and that there is enough support available for the intending immigrant. They grant or deny the visa application.

That's why this is 2 stages... Petition and Visa app.

Edited February 14, 2013 by NikiR