Denied at Interview

[ronnielee67 2]

Why didn't you open up another joint account, just to have hers and your name on it? Don't you understand that with these international relationships and proving them to USCIS demands that you do things outside the box?

Good Luck.

Thank you, and no we didn't know that a joint account was so important. We had done everything required, paid the fees and have been living a productive life. Ilyana and Ellina just recieved EAD and Ellina (stepdaughter) right away got a job, a drving permit and applied and was accepted to UNCC.

We have been finding some evidence where we have made payments for each other. Such as, The monthly bill for my business website is drafted from her bank accout. As is our family membership at the YMCA. Things like that.

Now I'm trying to find out how to get acceptable statements from my neighbors, family and friends that would support us. Is a simple notarized letter alright or is there a designed document of some kind available for that?

[TracyTN 237]

I'm not sure I'd go it alone with an appeal anyway - I'd find an immigration attorney familiar with appealing AOS denials to help me navigate this. Trying to do it on your own with letters from neighbors and new bills would make me extremely nervous - and you're talking about the future of your family here.

[Darnell 8,478]

OK - prior to interview day - did you get any change up on 'Payable on Death' instructions, for any bank accounts or life insurance, for either her accounts or your accounts?

re: the taxes - too many mess ups, you should have filed jointly. If you wanted protection , then step up, be an LLC instead of just a sole proprietorship, filing that schedule C. But I'm not gonna dissect this, it'd be 5 paragraphs - yer asking what to do to show existing evidence.

It may be you have POD orders, and forgot about them. check all financial instruments, check the bank accounts, review POD, see if you put her name anywhere, and the same for her stuff (did she put your name on her POD instructions?)

You may want to review this --> http://www.nytimes.com/2010/06/13/nyregion/13fraud.html

It's the day in the life of the Stokes Interview Unit, at NYC - and 'is mentioned' what they are looking for. It's a bit buried, but yer looking for the 'short list of 3'. It's not either/or, all is 'and'. IMO, that 'co-mingling of funds' is biting you, hard. Doubly hard, now, since yer interview officer said 'not useful after this interview date', and, IMO, you should have had a pile o stuff, regardless of the financial woes.

But that's not the point, really - I'm not gonna beat you up about anything - yer able to do that on yer own. To 'backdate anything', with any entity, is also fraud, and USCIS will catch that, eventually.

Edited June 15, 2010 by Darnell

[jimnlena 8]

Personally I would go find a good attorney "I can't believe I said that"! Sounds to me like your interviewer did his job! The burden of proof will be harder now. Take no chances.

[thongd4me 69]

Personally I would go find a good attorney "I can't believe I said that"! Sounds to me like your interviewer did his job! The burden of proof will be harder now. Take no chances.

I'm the #1 attorney basher in VJ but I think this might be a time to get one.

Unless there's something you haven't disclosed that they were looking at, other than the

tax filing & lack of joint accounts, this seems like some kind of harassment or hidden

quota thing that shouldn't be taking place.

If you're in the AOS stage, please reflect that in your timeline.

Thanks.

[elya 17]

sounds like you don't have a life insurance policy? but maybe you have retirement accounts (401k, IRA, etc.) where she is listed as the person that the money will go to in the event of your death?

situation sucks... I knew a couple in a similar situation about 5 years back; she was visibly pregnant with his CHILD during the interview and they still denied them because they hadn't "commingled" their finances. I'm not sure exactly how it happened (RFE or appeal) but in the end everything worked out for them. Good luck!

(and I agree with previous comments - sounds like it's time for an attorney)

Edited June 15, 2010 by elya

[ronnielee67 2]

I'm the #1 attorney basher in VJ but I think this might be a time to get one.

Unless there's something you haven't disclosed that they were looking at, other than the

tax filing & lack of joint accounts, this seems like some kind of harassment or hidden

quota thing that shouldn't be taking place.

If you're in the AOS stage, please reflect that in your timeline.

Thanks.

I have disclosed all. If there was something other than the financial co mingling that bothered him, he didn't tell us. Again, he kept saying "this is why people get married". I told him that it was not why we got married. I went to my wife's bank today to get a statement from the executive that opened her account. It was her that assured me that having my name on my wife's account could be damaging to her financially. You see , bout a year prior to that, I had an account closed with a negative balance. My business went under. I didn't want my name to hurt my wife's new start in this country with my bad credit.

The executive wasn't in today, but another backed up the truth in what she had told us about the situation.

We'll go back next week to get a written statement as to that being why we don't have a joint accout. I TOLD THIS STORY TO THE IMMIGRATION OFFICER.

He had a heartless attitude smiling all the time while crushing my wifes dreams. The whole time , me having to maintain tolerance due to my knowledge and experience with rebelling against officers of the law in my youth.

But now it was an immigration cop with a different kind of badge , gun, let me show you how powerful I am no matter what the consequences are to these two girls attitube. I am the ultimate authority, and he may be. But, a person does , especially in a service position does have an unwritten responsibillity to the welfare of those they're in contact with. Don't you? When someone is in obvious need of help, do we say well that's your problem. Some do. I don't and most of everyone in my life doesn't. Yes, I know he has a job to do but everyone does basically.

Say a couple goes in after us basically the same evidence except with a joint bank account with no money in it because there spending everything to survive. What in the world would make their marriage more bonified than ours. At least to the point of one being denied and the other approved. That' I'm affraid was my fault in this whole thing. The idea that we're honest and real so we should be fine. While in all, we could have been lying , cheating thieves with underlying motives other than marriage and family WITH A JOINT ACCOUNT and been approved.

I just need to know how to satisfy this man. Will letters from neighbors and others such as an attorney friend I have in regards to our integrity help?

Thank you.

sounds like you don't have a life insurance policy? but maybe you have retirement accounts (401k, IRA, etc.) where she is listed as the person that the money will go to in the event of your death?

situation sucks... I knew a couple in a similar situation about 5 years back; she was visibly pregnant with his CHILD during the interview and they still denied them because they hadn't "commingled" their finances. I'm not sure exactly how it happened (RFE or appeal) but in the end everything worked out for them. Good luck!

(and I agree with previous comments - sounds like it's time for an attorney)

Thank you.

[Darnell 8,478]

Say a couple goes in after us basically the same evidence except with a joint bank account with no money in it because there spending everything to survive.

They will include monthly bank statements, showing inflow/outflow of that joint account.

and THAT, is ONE of the things this Officer was looking for. Co-mingling of assets is important to show.

Look, I don't want to beat a dead horse here, but it sounds like you need to write up letters of attestation covering EACH of YOUR red flags, and use those. One letter per red flag. But that's not all you should do, ya ? IMO, time to get that person's supervisor involved, as well.

Good Luck !

[DanielParul 50]

Financial co-mingling is a BIG thing and plays a BIG part in convincing the IO if a relationship is genuine or not. Jointly filed taxes, life, health, car insurances (joint), living will/ testaments etc show that you are in a relationship where you are sharing finances and lives and not just sharing a roof over your heads.

Reading your posts, I have to say, the IO did his job. You had nothing to show at the interview. Love and emotions is not what they are looking for. They want documents. Get in touch with an immigration attorney quick and take the immigration a little more seriously now. Good Luck!

[DukeOfYork 28]

I'm still trying to understand why you waited three years to adjust status. I thought it had to be done within 90 days of the marriage. And if you didn't want your wife to be financially burdened in the event of your death, that's what life insurance is for. Not to be rude, but it sounds like you dind't think ahead very much.

[sachinky 465]

I'm also curious as to why you waited 3 years to file for AOS.

3 years is a long time to be married and to have little to no evidence of co-mingling of assets.

Edited June 15, 2010 by sachinky

[Darnell 8,478]

He did agree to RFE us to give us a chance to find some evidence of that sort but any accounts started after the interview date(today) wouldn't be acceptable You do have some wiggle room on this, but only (IMO) if you get an immigration attorney involved, as well as the Supervisor at the local USCIS office AND both can agree , that based on your red flags, you SHOULD be granted some leeway in coming up with this evidence.

I wish I could say that you could be 'granted' this leeway on yer own, but I can't really say that - IMO, an immigration attorney with a known presence at that local USCIS office, can move some mountains for you - and be prepared to pay for them.

Besides yer financials, you also have that other glaring red flag (ya, I know - tied to financials) with waiting so long to file for AOS. 3 years should have been sufficient to gather up , and create, all evidence you need.

and ya know what's even MORE FUNNY/STRANGE ?

If you had filed early on, say on month 4 of her being in country, you would NOT be submitting evidence of financial co-mingling - as it was 'then' too early to have generated any. And the Interview Officer would have known that, as well. USUALLY, this 'co-mingling of assets' is evaluated HARD for the Removal of Conditions case, not the Adjustment of status case - WITH the exception being 'filed for AOS much later'.

Hang in there !

Edited June 15, 2010 by Darnell

[VanessaTony 3,567]

I'm still trying to understand why you waited three years to adjust status. I thought it had to be done within 90 days of the marriage. And if you didn't want your wife to be financially burdened in the event of your death, that's what life insurance is for. Not to be rude, but it sounds like you dind't think ahead very much.

AOS does NOT need to be done within 90 days of marriage. There's really no issue with waiting this long BUT someone raised an interesting point.

Technically this couple are applying for AOS BUT they're also applying for ROC because after a 2 year marriage you get the non-conditional greencard. Therefore this couple needs to pass the ROC stuff, which is as someone mentioned, that after so long their relationship should have MUCH more proof of co-mingling by this stage.

....and ya know what's even MORE FUNNY/STRANGE ?

If you had filed early on, say on month 4 of her being in country, you would NOT be submitting evidence of financial co-mingling - as it was 'then' too early to have generated any. And the Interview Officer would have known that, as well. USUALLY, this 'co-mingling of assets' is evaluated HARD for the Removal of Conditions case, not the Adjustment of status case - WITH the exception being 'filed for AOS much later'.

This is what I'm referring too. In this case she should get a 10 year card as she's been married for more than 2 years so this is technically an ROC interview... it's tougher in terms of proof of co-mingling.

[DukeOfYork 28]

AOS does NOT need to be done within 90 days of marriage. There's really no issue with waiting this long BUT someone raised an interesting point.

Ah, I wasn't aware of that.

I have planned from the beginning on taking out a joint account, adding her to my insurance, set her up as a beneficiary on a 401(k) as soon as we're married (in fact, I need to call HR to get that started). I'm wondering if we do that too fast if that will set off a red flag. I doubt it, but I'm all for getting things done and moving this process along.

As for the OP, I just don't know what to say. I think he should have done his research before applying for AOS. He's had plenty of time...

[ronnielee67 2]

I'm still trying to understand why you waited three years to adjust status. I thought it had to be done within 90 days of the marriage. And if you didn't want your wife to be financially burdened in the event of your death, that's what life insurance is for. Not to be rude, but it sounds like you dind't think ahead very much.

First thing, We filed for AOS just after 2 years, RFE added another 3 months then recieved the interview date. IT WILL BE 3 YEARS THIS COMING END OF AUGUST.

Ok, here it is, more explanation. It maybe hard to understand why it took so long in your situation which I know nothing about but here was ours. My business went under between the time of her interview in Moscow and her departure date. I had to take a job net pay just over $300 a week. Can you support yourself and pay for the moving of a woman and her teenage daughter from Stavropol to North Carolina on that? Oh, and backing up a little, I had to pay for their trip and stay in moscow for the interview there. It was very difficult. And as far as I know, Once the K-1 visa is approved , there ain't no putting it off to save up for it. She had 90 days to get here and begin trying to make it financially. It took everything we had to get through the visa process and get her here. It was so strenuous that the $2000 for AOS was overlooked buy us somehow until we started to file. When you're barely surviving and have no credit and no way to pay it back if ya did, well that was out of reach. Business came back and I quit the 300 a week job for full time contracting again. March of 2009, within less than a couple weeks, We had almost $10,000 extra accumulate. And, one worn out work truck and another that was heading that way if I didn't quit using it for work. Now, what do I do? I have to get a bigger , dependable truck for business. These trucks are our livelyhood. Finance one? NO Credit. This is an area that only someone with a similar way of life will be able to relate to. Most of my work is close to or over a hundred miles away. I can't make money at home or on the phone. We have to travel to the job, carry materials and heavy tools, Finish it with in a very short amount of time. Now, I can not risk my families livelyhood on any good lookin or sounding vehicle. And we're extremely limited not having credit. So, I spent $7000 on a reliable dually about the same time the bank crash caught up to my line of work. So that truck sat in the yard for the most part for a few months while we lived off what we had left. It's interesting that we never completely ran out. It looked that way many times , but our basic needs were always met. By the end of the year we were rollin again. I gave my wife the money for the AOS and then we found out we had to pay another $700 for passing the 2 year mark. Now we're into 2010 which means I have to show most recent taxes. That's not done overnight. We get an RFE for medicals that we were told we possibly wouldn't be asked for again. It Has happened in other cases. That's almost anotrher 600 and business is standing still again. That took almost 3 months. Now we finally get EAD. Somewhere about the same time before or after the EAD , we get an interview date. June 14, 2010.

I don't want to keep explaining how this happened and this is just a quik summary. But I keep getting post from people about what I could have done , and why didn't I....... Well thanks for reminding me but it really doesn't help much.

Maybe you could imagine that every resourse you have is gone except for you experience, health and the Grace of God.

Iguess it was something like that.

No matter what, we live a good life and will continue as best we can with or with out approval. We have been through it one time , so we'll be experienced if we have to start over again.

Thanks for possitve feedback. And if any one wants to interrogate me more. I will be glad to help you come to your conclusion.

And before I get a this is the advice you asked for , no I didn't ask what I could have done. But you are welcome to tell me if you must. Because, I know that somewhere in all that there are going to be some great ideas.

Oh yea, thinking ahead is not going to reveal the unpredictable future.

Thanks again