RFE - joint marital asset evidence

[slvrfx576 15]

Everyone's tax situation is different and although GENERALLY it is true that married filing jointly is better, that is not necessarily the case, especially in cases where taxes are owed to IRS, one owns a business or if there are HOH deductions... And married filing seperatly IS still filing together as you are claiming married but that you prefer to calculate your taxes, for whatever motivation, seperately... It should not hurt the OP.

OP... Are you still in Italy or living in the US? Take out a term life insurance and list as benificerary, call and have her added to account or just put her on as an authorized user on your debit or credit card...

Sorry, but I disagree with Christeen. Married Filing Separately will hurt the OP.

The USCIS wants to see a co-mingling of finances, including taxes. And filing separately is the opposite...it shows the clear intention to NOT mingle the financial tax lives of the couple. To say that "married filing separately IS still filing together" is incorrect. It is just what it says...filing separately. It is one or the other ! You can not file separately together !

Yes, there are reasons when couples may wish to file separately. But rarely do they result in a lesser tax liability. But some are more comfortable doing it...but they don't have to worry about proving a co-mingling of their finances to the USCIS. BTW, one spouse owing back taxes is not a reason to jump to MFS. They can still file MFJ and file a "injured spouse" form 8379.

You also mention HOH...I assume you are referring to Head of Household status. This is poison to anyone wanting to prove a "bona fide" marriage because it can only be used if one spouse did not live with the other spouse during the last 6 months of the tax year.

MFS and HOH are perfectly legitimate filing status'...but not for anyone who will be trying to prove a "bona fide" marriage to the USCIS.

[christeen 966]

Sorry, but I disagree with Christeen. Married Filing Separately will hurt the OP.

The USCIS wants to see a co-mingling of finances, including taxes. And filing separately is the opposite...it shows the clear intention to NOT mingle the financial tax lives of the couple. To say that "married filing separately IS still filing together" is incorrect. It is just what it says...filing separately. It is one or the other ! You can not file separately together !

Yes, there are reasons when couples may wish to file separately. But rarely do they result in a lesser tax liability. But some are more comfortable doing it...but they don't have to worry about proving a co-mingling of their finances to the USCIS. BTW, one spouse owing back taxes is not a reason to jump to MFS. They can still file MFJ and file a "injured spouse" form 8379.

You also mention HOH...I assume you are referring to Head of Household status. This is poison to anyone wanting to prove a "bona fide" marriage because it can only be used if one spouse did not live with the other spouse during the last 6 months of the tax year.

MFS and HOH are perfectly legitimate filing status'...but not for anyone who will be trying to prove a "bona fide" marriage to the USCIS.

I totally stand by my ststement that there are situations where married filing seperatly is more benificial and that a personal decision how to file should not ne a major hinderment... Especially given that the spouse is assumed not in the USA yet and may or may not have a SSN... Without a SSN you would file seperately and could amend later once spouse has SSN or ITTN, this would certainly not have a negative impact as this is how it is done... If the spouse is working overseas and has a SSN then it is a big pain and possible tax liability to file jointly then have to exclude foreign income... There are MANY other easier ways to show co-mingling of finances other than messing with the amending taxes after the fact...

[Harpa Timsah 13,258]

This thread has gone on a long tangent, and it is unclear what the OP is filing for. Also someone with K-1 in their profile made a post about his wife, adding to the confusion. It helps everyone if you have the correct data in your profile.

OP: What are you applying for? Your RFE takes about an application for permanent residence. A I-130 petition on the CR/IR-1 path is not an application for permanent residence. You also mention that you lived in the US but the non-USC left and got turned away at the border. Did you file for AOS before the immigrant left the US?

To everyone worrying: Asking for additional proof of co-mingling is rare for a I-130 petition and usually only happens when fraud is suspected. It is not a normal thing.

[Harpa Timsah 13,258]

Hello VJ Friends,

I would like to ask for your opinion on our issue.

After almost 9 long months waiting for NOA2 we got a RFE and here it goes:

"* Submit joint marital asset evidence described on page one."

On the page one there is one box checked:

"Submit copies of documents that will support your application for permanent residence which were filed based on your marriage.

Documents to be submitted are lease/mortgage contracts showing joint occupancy/ownership of your communal residence,

insurance policies(health, car/life), financial records showing joint ownership of assets or joint responsibility for liabilities, such

as joint savings/checking accounts (bank statements should show the date the account was opened), joint tax returns,

joint installments or other loans, utility bills. if you live with relatives or friends, a lease in their name(s) must be submitted

with a notarized affidavit from them attesting to the living arrangements and your monthly rent obligations."

Looks like whatever stated above does not apply to us because:

1. Our US home is in my USC spouse's name he owned it before we met, so there is no joint lease/mortgage/ownership.

2. Insurance policies? Yeah, there is only a car insurance with both our names on it.

3. We are filing taxes as married but separately because it works better for both us.

4. We do not have any of financial records mentioned above as every home bill is on USC's name as it was before we got married,

cars and other stuff has been leased on separate names way before we decided to marry.

The reason we do not have any joint installments or joint bank accounts is because my spouse left the U.S. for business trip a 2 weeks after our wedding and got returned at POE on the way back

Of course we share our finances on a daily basis, shopping, airfare tickets (we travel a lot), gifts, restaurants, but that is it.

How can we prove our joint marital assets without evidence but car insurance ?

Any help is appreciated

You mention a USC spouse, then you say your spouse got turned away at the border. A USC will not be turned away. Who is who and who is where?

[r060106 109]

Nope, I just thought it was overkill. If you want to include it, go ahead.

Remember your wife is from poland, she isn't from a high fraud country. Don't refer to what someone says is necessary for the Philippines, China, Nigeria or India as your gospel for you. Those USC spouses need to go all out to prove they have a genuine relationship because of the amount of fraud. That doesn't mean you can sit on your butt, however just try not to worry so much. It's bad for the digestion! **wink wink**

Ok. Good points. I'll remember that. Duly noted. Thanks for the advice! I'm new to this. So please be give me a pass.

I would ask a different financial advisor. There is no state law requiring a SSN for life insurance. There is a requirement that there are here legally and present. Even people who are waiting for refugee status can get life insurance and they dont have a SSN. I write life insurance for tourists who are visiting the USA and they dont have SSN either. Find a new financial advisor who knows life insurance. Lawyers are horrible in giving advice about Life insurance also. I am sorry but I am not licensed in your state of Wisconsin. If you cant find an agent on your own, post your question on the life insurance forum and state your state. They should be able to help.

I have no need for Life Insurance should she die. She's the one who needs it, as she is unemployed. So there's no point in us paying for a term policy on her when we don't need it. And secondly, she's not even here yet and won't be until they approve her CR1 visa, so we couldn't even do it if we wanted to. We're living separately until then and it sucks, but it is what it is. Once's she's here we will permanently co-mingle everything and get her life insurance and the whole nine yards. If USCIS tells us she needs a policy I will tell them to go jump in a river because there is no need for one at this time.

This thread has gone on a long tangent, and it is unclear what the OP is filing for. Also someone with K-1 in their profile made a post about his wife, adding to the confusion. It helps everyone if you have the correct data in your profile.

OP: What are you applying for? Your RFE takes about an application for permanent residence. A I-130 petition on the CR/IR-1 path is not an application for permanent residence. You also mention that you lived in the US but the non-USC left and got turned away at the border. Did you file for AOS before the immigrant left the US?

To everyone worrying: Asking for additional proof of co-mingling is rare for a I-130 petition and usually only happens when fraud is suspected. It is not a normal thing.

That's really reassuring. Thanks for lowering my blood pressure a bit. lol

Edited September 5, 2013 by Rysiu227