Time to file for ROC - I have some worries/sleepless nights

[Severina 7]

It's time for me to file for the Removals of Conditions. We are still a happily married couple and our marriage is totally real. K1 and AOS were no problems at all. We have known each other for nearly 28 years and started dating 5 years ago. No RFEs or any other problems.

Well, nevertheless I have some worries now. First of all, my husband bought a house long before we got married and, of course, it's not paid off yet. Due to the burst of the real estate bubble the value of the house dropped CONSIDERABLY, it's totally upside down. This is the reason why we did not put my name on the title. We will try to shortsell the house next year. So that's the one thing. The other thing is that we did not file our taxes jointly. My husband has been on a Chapter 13 bancruptcy since 2009. He's got one more year to go. It seemed to me that it was better to file separately in order to protect my own savings. Whenever I tried to get advice from a lawyer or accountant the could not give me a definite answer. I have not had a job since I came here.

Now I'm worried that these two facts will not look good and could possibly result in denial. We do have a joint bank account. I have another bank account only in my name. Of course, I kick in with my money when the going gets rough. I mostly got cash from the ATM but I also wrote out a few checks and gave them to my husband. Unfortunately I don't have copies. However, we have account statements showing the money deducted from my account and added to our joint account a few days later. I also paid for some stuff in the house with my money, like a new stove etc.. Do you think this counts as financial mingling? Does anybody here have experience with not filing taxes jointly.

Another question I have is how did you do your supporting letters of friends. Did you have regular letters or sworn in affidavits? I have a huge problem with asking favors of people. And I hate bothering anybody with having to go to a notary. Is it good enough just to write a letter and have it properly signed? Has anybody experience with that?

Is there anybody here who had a similar situation?

[discoverusa 268]

The notary is in every bank and free for customers. They can notarize a letter next time they do any banking at their branch.

[kzielu 1,149]

So what evidence you do have ? I don't think what you described will be acceptable. I will be filing RoC with taxed filed separately for last two years, but have two joint accounts, joint car loan, joint credit card, tons of joint utility bills (do you have those ?) and a joint baby...

[Dave&Roza 748]

It's time for me to file for the Removals of Conditions. We are still a happily married couple and our marriage is totally real. K1 and AOS were no problems at all. We have known each other for nearly 28 years and started dating 5 years ago. No RFEs or any other problems.

Well, nevertheless I have some worries now. First of all, my husband bought a house long before we got married and, of course, it's not paid off yet. Due to the burst of the real estate bubble the value of the house dropped CONSIDERABLY, it's totally upside down. This is the reason why we did not put my name on the title. We will try to shortsell the house next year. So that's the one thing. The other thing is that we did not file our taxes jointly. My husband has been on a Chapter 13 bancruptcy since 2009. He's got one more year to go. It seemed to me that it was better to file separately in order to protect my own savings. Whenever I tried to get advice from a lawyer or accountant the could not give me a definite answer. I have not had a job since I came here.

Now I'm worried that these two facts will not look good and could possibly result in denial. We do have a joint bank account. I have another bank account only in my name. Of course, I kick in with my money when the going gets rough. I mostly got cash from the ATM but I also wrote out a few checks and gave them to my husband. Unfortunately I don't have copies. However, we have account statements showing the money deducted from my account and added to our joint account a few days later. I also paid for some stuff in the house with my money, like a new stove etc.. Do you think this counts as financial mingling? Does anybody here have experience with not filing taxes jointly.

Another question I have is how did you do your supporting letters of friends. Did you have regular letters or sworn in affidavits? I have a huge problem with asking favors of people. And I hate bothering anybody with having to go to a notary. Is it good enough just to write a letter and have it properly signed? Has anybody experience with that?

Is there anybody here who had a similar situation?

They mention that the Affadavitts are to be sworn statements, so I would think they need to be done by some legal type that can add that this person was sworn in and all that. Do you have any trips you have taken together? Do not worry about the house as my wife was not on the Deed--though you can be added to the Deed even if you are not on the mortgage, but some lenders frown on this. It sounds to me like you have a valid reason for not filing taxes jointly. As long as you filed as married and you show you are living together. Do you have a pay upon death with the other spouse listed as the payee on the single owned accounts? Are you listed on his employer's benefits as the beneficiary? Are you listed as the primary emergency contact? I would write a nice cover letter stating all of this and listing what you do have and that the marriage was entered into for two people to build their lives together and not to circumvent immigration law.

Good luck,

Dave

[Severina 7]

Thanks for your reply. Well, we have one joint bank account. No joint credit cards since my husband is not allowed to have one. We have an utility bill, I'm on his health insurance (can prove that with some dentist's bills), I'm the beneficiary of his retirement plan, no joint car lease (very complicated, it had to be approved by the court), we took one trip to my home country together and 2 short trips, a few joint memberships.

[Severina 7]

Thanks for your answer Dave. You just reminded me that my husband has indeed signature authority over my account. Have to contact the bank. I also have to look into the emergency contact. Another thing we were thinking about is having a living will and last will. In my opinion that's pretty strong. I mean if I trust my husband with my life in case I am sick that's strong prove. Who would do that for a fake spouse. You could have an accident tomorrow and be a vegetable.

[mosstoss 7]

Thanks for your reply. Well, we have one joint bank account. No joint credit cards since my husband is not allowed to have one. We have an utility bill, I'm on his health insurance (can prove that with some dentist's bills), I'm the beneficiary of his retirement plan, no joint car lease (very complicated, it had to be approved by the court), we took one trip to my home country together and 2 short trips, a few joint memberships.

What they want to see is that you guys are still in a relationship together. Shared finances is just one way of trying to demonstrate this. When I applied for ROC, we showed our apartment lease (living together), joint car insurance, joint health insurance, joint tax filings, bills showing we are living at the same address, photographs of us in different locations and settings taken over the years and a joint bank account.

We also showed trips taken together (boarding passes, hotel reservations etc). We had inadvertently saved some of that stuff, so it was very handy.

[Maleman 5]

• Well stated “Mosstoss!” While processing our ROC, and, while waiting, I have read post/replies regarding evidence from many, many contributors on this site. Their inputs varied greatly, from an abundance of evidence to the bare minimum. And, no matter how hard you tried you could not make rhyme or reason as to what makes a perfect POC packet. My best advice is if you feel you come short in some areas as you have mentioned, and, you have honest reasons for these circumstances, document a letter to go into your ROC packet, and believe it or not, have it notarized along with any other documents you plan on notarizing. In summary of logic, there is not a perfect marriage template out there! (lol) Thus, even if you have to attend an interview just be prepared to be honest and explain all aspects, if asked.

[newlyweds2010 208]

Did you say you filed taxes as married filing separately? I think you can still produce your transcripts showing that. What matters is that you didn't file as "not married".

[Severina 7]

Did you say you filed taxes as married filing separately? I think you can still produce your transcripts showing that. What matters is that you didn't file as "not married".

Good point! We did file married separately. The first year I came here I filed taxes but it was extremely complicated cause half of the year I had worked in Germany. I had to file for an extension. For 2012 I didn't file since I had no income. I only had to send in a form to the IRS that I own a mutual fund in Germany. I'm clear with the IRS cause they wrote me a letter in May saying they would research my case and two weeks ago they send me a letter basically telling me that everything is OK. BIG relief on that side! Maybe I should include these letters.

Edited August 9, 2013 by Severina

[Charles C 0]

While I have not filed ROC yet, here is my thought: Stop worrying and file what you have. You seem to have a complete and honest story and you are able to tell it well. Just complete the process as best you can... it seems unlikely they will not grant you ROC after all this time and work. You might need to answer more questions than normal; it might take more time than you prefer; and some of the process might be confusing. But in the end, you will get through it. If there is nothing to hide, then there is nothing to hide. Relax, get some sleep, and provide a complete, honest disclosure of your situation and I bet it all works out in the end!

Carlos

[NigeriaorBust 4,087]

We are an older couple but the real estate is all in only my name , the cars are in my name ( all bought before he arrived ) We had no trouble with AOS ROC or citizenship. People here look at the suggestions and turn them into must do's causing others unneeded panic.