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Commingling of finances

By fantonledzepp in Removing Conditions on Residency General Discussion

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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
Posted

Hello, my wife and I have been married almost two years now, and she's had her Conditional Residence for a year now. Ever since she got a job we've been having some complications over monies deposited into our joint checking account. After a couple of pay periods, she and I agreed that once this whole immigration business is over she wants her own checking account, and end our joint account. Well, yesterday she and I had a big confusion over the allocation of certain funds and we were quite flustered. In the end, we figured it out, but it was annoying to say the least.

My question is this: can we end our joint account now and have her open her own account? We still have another 9 months before she is eligible to remove conditions, is it absolutely vital to have a joint account? We have plenty of other evidence, we file taxes as "married filing jointly", both our names are on our utilities, she's my beneficiary on all my life insurance policies, she's an authorized user on one of my credit cards, etc...

Will it be a big deal, or is it better just to rough it out, pull out my hair, and just wait after conditions have been removed?

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
  • Author
Posted (edited)

Because that's the plan, end our joint account and have her open her own account.

Edited by fantonledzepp

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
  • Popular Post
Posted

I'm still confused by your statement.

You can open a personal account without closing the joint account.

Both of you have to agree to % of salary to be contributed to the joint account to pay for the joint stuff like rent/mortgage, utilities, cable, cell phone bills, grocery ..

Done with K1, AOS and ROC

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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
  • Author
Posted

Yes. however that is not the plan. We will end our joint account and she will open her own account. As for how we actually pay for everything, that is not the issue here. I'm just asking if having a joint account is crucial evidence for removal of conditions.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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TBoneTX Grand Master

TBoneTX   45,288

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

She can open her own account. Have her list you as the "POD" party (the bank will know what this is and what to do). Get a printout of the POD designation, and you're fine, si man.

If you haven't done this already: Draft wills, medical powers of attorney, HIPAA release forms, and other such documents in each other's name. These are highly overlooked yet slam-dunk proof for ROC. Do it now and don't wait till filing-time.

State-appropriate templates might be available at nolo.com or legalzoom.com (I presume that they are), and you might find templates available elsewhere on the Internet. Just make sure that they're valid for the state of Nueva York, etc.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
  • Author
Posted

Thank you TBone, that was great info. I will look into it.

I haven't done any of those! Draft a will, it sounds so adult. Ha! Medical Power of Attorney is something we'll to discuss as she probably won't want to pull the plug on me. I will look into these as well.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Closing a joint account might trigger an RFE even with lots of other evidence. I would weigh the risk of potentially delaying your case and the anxiety it creates against the ease of banking you'd like. Good luck! :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
  • Author
Posted

Yep, this worries me. Perhaps it is best to just wait...

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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BBCC Collaborator

BBCC   16

Posted
Filed: Lift. Cond. (apr) Country: Taiwan
 Timeline
Posted (edited)

My question is this: can we end our joint account now and have her open her own account? We still have another 9 months before she is eligible to remove conditions, is it absolutely vital to have a joint account? We have plenty of other evidence,

The co-mingling of domicile and finances are the most important indications that USCIS use as proof of a bona fide relationship. There are other indications, but these are the big ones. For this reason, yes, I would say it is vital to keep that joint account open when you file for ROC.

You could possibly compensate a lack of a joint bank account with accumulating some of the other documents, but why go to all that trouble? The joint account is a strong indicator to them.

For our ROC, we used our joint bank account that really didn't have a lot of financial transactions listed on the joint bank statement. This was not an issue to USCIS. They approved our I-751 with it, no questions asked. Because of this, perhaps you could consider each of you open your own separate bank accounts at the present time and still maintain separate finances if that is what you need to do. But just hang on to the joint account and keep a small amount of activity on it.

You will also want to use a statement from a joint bank account a little after that to file for Naturalization, assuing that is also in your plan.

It is a good idea to keep the joint account open only as long as you intend to file immigrations or petitions. Once you've concluded your business with USCIS, then go ahead and close the joint account.

Edited by BBCC

Done: I-130/CR-1, I-751/ROC

Done: I-327

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

No. Joint bank accounts ARE NOT a necessity for applying for citizenship (naturalization based on marriage). You will be OK if your accounts are not joint after the issuance of the 10-yr green card. Before that, it is risky. Good luck :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
  • Author
Posted

Thank you all for the suggestions. Having ease of banking vs. a complicated ROC process? I think we'd rather rough it out, keep our joint account and hopefully have an easy process. Our journey has been pretty easy so far, why mess that up?

She does plan on naturalizing and we were thinking on just ending our joint account after ROC; holding out another year until she's eligible to naturalize will probably leave me bald. Us having a joint account and individual accounts for ourselves seems like too much of a pain, we will keep that in the back of our minds though. I'm hoping that we just had a bad week and that it'll get easier as we go along, if it doesn't, we'll explore the three-accounts option.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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