i751 Evidence Help

[wowzer 0]

I made a big mistake. I forgot i wasn't American and Just lived married life without concerns. Now as my i751 date is approaching, I am realizing that i might be screwed for "evidence"

here is the problem:

My wife and I opened a joint account 2 years ago, but never used it. Not once. It has $1 in it.

We are Independent Contractors and have separate accounts so we can keep tabs on how much we are each making and how much we can each deduct. The joint account is a bridge between these two accounts.

WE ARE LISTED AS EACH others BENEFICIARIES on our individual accounts.

Now with only a couple of months approaching the file date, and a rocky relationship that might end in a divorce, would there be a problem with us ADDING each other as a joint owner on our accounts? This way we would have a statement with an active joint account.

The problem is, we would only have 1 or 2 statements with our names as joint - and the rest listed as beneficiaries. Do u need to submit several months worth of statements? This is annoying because i feel it looks "manufactured" - but my wife and I have never needed to use our joint account. My wife pays the rent and our utilities are included. The apartment was always in her name.

HELP!

[mozplay 29]

Well, first off, let's look at the evidence you do have. Here are other items to consider if you have them:

1. Join taxes for 2007 and 2008

2. Utility bills in both of your names AND/OR utility bills in your name AND utility bills in her name showing the same address OR utility bills in your name matched up with the lease in her name.

3. Joint credit cards

4. Something showing one of you as the beneficiary (named by the other) i.e. health insurance, life insurance, investments

5. Mail addressed to both of you (looking for the envelopes with date stamps here)

6. Car insurance showing you both as listed drivers ... heck .. do you own a car together?

7. Travel documents from trips you took together ... or hotel stays (heck, go stay in a B&B this weekend if you have to!)

8. Affidavits & photos

9. Any unique, creative evidence you can think of.

Good luck.

Mo

Sorry, I just noticed that you said utilities were included, but what about any other bills that come to you? Phone?

Edited September 4, 2009 by mozplay

[John9981 9]

How about life insurance, health insurance w/ bills lists you/your wife as a patient.??? Sounds like you guys didn't co-mingle much. My wife doesn't deposit her paycheck to our joint acc. but she was always listed as a joint owner. Put your wife as a joint owner and apply for joint credit card.

[wowzer 0]

We can't afford (and don't have) health & life insurance. We are struggling artists living in NYC

I can put my wife as a joint owner on my account but wont it seem "manufactured" at this point? I mean it really would be. We don't have any use for it besides satisfying USCIS. Do u need to show consecutive months or is 1 statement enough.

We don't have a joint credit card. Its not how we roll. We keep all our finances seperate : freelancers

IF USCIS is looking for two people who were clearly MADLY in love at time of marriage. Then we are fine.

If they are looking for two people who are financially in-twined then i should prob start packing.

I am TERRIFIED.

Now what we DO HAVE:

We have ALWAYS been Beneficiaries on each others accounts.

We have a joint account with no activity

We have joint Tax Return from 2008. 2009.

We have phone bills going to our shared address.

We had (for over a year) A Family share plan on our phone - but i switched plans to get iphone.

We have Travel itineraries of our trips to see my parents in canada as well as trips in US. 6 trips in total.

We have tons of emails to/from each other as well as from other people mentioning us as a couple.

We have tons of pictures of us together & with each others parents.

We can get affidavits from friends.

BUT

We are also probably about to get divorced. We are fighting terribly and i am sleeping in my work studio.

I am so stupid. I lost myself and forgot that i wasn't American and would have to PROVE our marriage. I did a bad job strategically. I cant eat or sleep because of this. I love this country and have become a part of it. And believe it or not, I still love my wife.

Thanks for your help. Keep the advice coming.

How about life insurance, health insurance w/ bills lists you/your wife as a patient.??? Sounds like you guys didn't co-mingle much. My wife doesn't deposit her paycheck to our joint acc. but she was always listed as a joint owner. Put your wife as a joint owner and apply for joint credit card.

[Brother Hesekiel 2,236]

First of all, don't get divorced before your ROC is approved. Filing JOINTLY is about 75% of the approval right then and there.

Secondly, you need to give them a nice package with a few convincing things, things you have. Don't get sleepless nights over stuff you don't have; instead make sure that what you have does the job.

I personally like a cover letter stating briefly who you are and the listing the items enclosed.

"We met at . . . got engaged . . . married . . . As struggling artist, we still live in that small apartment in NYC. We don't own a car . . . etc.

We've enclosed the following items . . .

• "

Here's how I would approach the banking thing:

Put each other as authorized users to all of your accounts. Then have the manager of your bank list the accounts you have, with the balances.

"To whom it may concern:

Mr. xxx and Mrs. YYY have the following accounts at our bank:

Account xxx . . . $123

Account xyz . . . $234

Account yzx . . . $345

Add to the package what you have, and, if possible, some photos showing both of you on vacation or traveling.

Finally, and I've stated it many times before, the ROC is not like applying for residence. You have been approved 2 years ago. If you are filing jointly and are still married and send them some stuff that shows that you are still a couple living together. It is only under the most suspicious circumstances that an I-751 filed jointly is denied. In fact, my attorney has never had such a case in 18 years.

From what I understand, your spouse is 100% cooperative, despite your current martial problems. I therefore would not worry too much. You are not alone in not having prepared all the evidence in advance. Many people just got married, lived together, and when it came to filing for ROC, figured out what to send in.

Best of luck to you.

[John9981 9]

Remember, it's up to USCIS to prove your marriage is fraudulent. Probably worst thing can happen to you is to get a joint interview. As other members have mentioned, you should be fine. Be creative on evidence, look through some of the VJ members' evidence, that's help you start. Good Luck!

Edited September 4, 2009 by chox99

[mozplay 29]

Agreed .. what you do have is a good start. Struggling artists you say? How about any media coverage/photos of you two together at an event that can be dated?

Stop worrying about immigration and please stop saying you forgot you weren't American. You can only do what you can now and if you and your wife are still on good terms then it will be all the easier for you.

Oh.. and please It'll help everyone give you better assistance.

Edited September 4, 2009 by mozplay

[wowzer 0]

Thanks for all your help and advise.

Unfortunately my wife is NOT cooperative at this moment in time. She wont talk to me and I am not allowed to be at our place. I am now in my studio indefinitely. Not sure if she will file jointly.

Yeah we definitely have LOTS of images of us together. She came and stayed with my parents for Xmas a few times - have pictures of that. My parents also came and stayed with us. We also have pictures of our parents together.

So when u guys send in joint bank account statements - do u include several months or is it OK to just send in an account summary like previous poster mentioned. My only fear here is if they ask for back statements. Wont it look weird?

Agreed .. what you do have is a good start. Struggling artists you say? How about any media coverage/photos of you two together at an event that can be dated?

Stop worrying about immigration and please stop saying you forgot you weren't American. You can only do what you can now and if you and your wife are still on good terms then it will be all the easier for you.

Oh.. and please It'll help everyone give you better assistance.

[mozplay 29]

Thanks for all your help and advise.

Unfortunately my wife is NOT cooperative at this moment in time. She wont talk to me and I am not allowed to be at our place. I am now in my studio indefinitely. Not sure if she will file jointly.

Wowzer, if your wife is not speaking to you and you are not allowed near her, then I don't see how you can file jointly. Your options are (very simplistic version here) to 1. file jointly or 2. file as divorced. There is no such thing as filing as separated. I seem to be offering this advice often this week.... you should post your questions in the "Major Effects" forum as those members often have better advice to give on situations like these.

Oh.. and really ....