RFE Check - Does this look sufficient?

[rysa 3]

We got an RFE due to insufficient evidence of commingled finances/bona fide marriage. We don't share the same last name, and we chose not to merge our finances. We lack some evidence suggested in the RFE letter like utility bills, birth certificate of children. I think we're doing a pretty good job explaining these circumstances and assembling a mountain of evidence, but I'm a little paranoid. If visajourney community does not mind, it'd be great to have other pairs of eyes look the cover letter explaining circumstances and the summary list of evidence (as part of the cover letter) over and tell me if anything still sounds suspicious! Sorry for all the square brackets making the reading clunky--I redacted identifying info. Thank you so much.

This is an RFE package by [Wife] and [Husband], written in third person for clarity. Regarding their separate last names, due to [Wife]’s academic career at the time of their marriage, [Wife] chose not to change her last name due to facilitate tracking of her published research by potential employers in academia when going on the job market. [Husband] considered changing his last name, but encountered resistance from his family members due to it being seen as unorthodox that a man take the woman’s last name. Thus, they kept their last names separate. Regarding their finances, they made a joint decision not to merge their finances at the time of marriage. They have shared joint financial responsibility (as documented by supporting evidence #20-22) and have a credit card for which they are shared users (evidence #23-#25), but they maintain their own set of credit cards, bank accounts, and investments. For investments, they have designated each other as primary beneficiaries in the event of either of their deaths (evidence #14-#17). They have one car, which [Wife] purchased used in 2009 without requiring a loan, and [Husband] is not on the car title. They are unable to provide utility bills, as utility costs are included in the rent. They have provided the lease for each shared domicile they inhabited from 2012 to 2016 (evidence #10-#13). They currently do not pay rent, as [Wife] works in a live-in position since August 2015 and housing is included free of cost. Regarding rent prior to August 2015, before [Husband] entered the United States in April 2014, they paid their respective domiciles’ rent separately. After [Husband] entered the United States in April 2014, [Wife] paid the rent of their shared domicile until [Husband] was employed in July 2014, after which he shared rent payment responsibility by transferring half the rent cost as well as any outstanding balance in tracked shared expenses (evidence #20-21) from his bank account to that of [Wife] (evidence #22) until [Wife] obtained the live-in position and rent became moot. To explain their multiple apartment transfers within the same residential apartment complex, the 2014 move was from a one-bedroom to a two-bedroom apartment once cohabitation became possible with the spousal visa. The 2016 move was to the staff apartment designated by the live-in position, which took a long time to become available after [Wife]’s hire in August 2015. Finally, as additional supporting evidence of a shared domicile, they have included renter’s and auto insurance policies (#18-19) and their driver’s licenses (#26).

Please find below the following evidence for bona fide marriage:

0. This cover letter.

1. 2013 Federal/State Tax Returns.

2. 2013 W-2 Form for [Wife].

3. 2013 Lohnsteuerbescheinigung for [Husband].

Foreign earnings statement from Germany, as [Husband] resided and worked in Germany for the entirety of 2013.

4. 2014 Federal/State Tax Returns.

5. 2014 W-2 Form for [Wife].

Address was not updated to new address by employer, so the address reflects 2013 residence (see #10 for lease of 2013 residence). See #10 and #11 to see lease of 2014 residence, which is the address reflected in #6.

6. 2014 W-2 Form for [Husband].

7. 2015 Federal/State Tax Returns.

8. 2015 W-2 Form for [Wife].

9. 2015 W-2 Form for [Husband].

10. Signed Lease for Residence Prior to 2014.

While [Husband] did not enter the United States until 2014, he co-signed the lease for the residence back in 2011 as seen on the document, and remained on the lease after marriage in 2012.

11. Signed Low-Resolution Lease for 2014-2016 Residence.

Included to demonstrate signature by [owners of the property]. They were unable to obtain high-resolution copy of the completed lease.

12. Signed High-Resolution Lease for 2014-2016 Residence.

Included for clarity of names included in #10, but lacking signature by [owners of the property].

13. Signed High-Resolution Lease for 2016 Residence.

14. Beneficiary of [Wife]’s employment benefits.

Full-time employment began in August 2015, and it took approximately a month for benefits to become available, thus the September 2015 date for the beneficiary designation.

15. Beneficiary of [Wife]’s Investment account at Schwab.

16. Beneficiary of [Wife]’s Roth IRA account at Schwab.

17. Beneficiary of [Husband]’s Roth IRA account at Vanguard.

[Husband] does not have non-IRA investment account at this time.

18. Renter’s Insurance Policy 2013-2014, 2014-2015, 2015-2016.

Supporting evidence for shared domicile. [Husband] was not added to the renter list until he entered the United States in April 2014. Amendment to 2013-2014 policy to update renter list and change of address to 2014 residence is included and is dated May 2014.

19. Auto Insurance Policy 2013-2014, 2014-2015, 2015-2016.

Supporting evidence for shared domicile. [Husband] was not added to the driver’s list until he entered the United States in April 2014. Amendment to 2013-2014 policy to update driver list is included and is dated May 2014.

20. Screenshot of Splitwise, an online tool used to track shared expenses starting May 2014, two weeks after [Husband] entered the United States, up to April 2016.

Supporting evidence for shared financial responsibility.

21. Spreadsheet export of all tracked transactions from Splitwise starting May 2014, two weeks after [Husband] entered the United States, up to April 2016.

Supporting evidence for shared financial responsibility. Tracked expenses include groceries, gas, rent (until August 2015 due to aforementioned reason), renter’s and auto insurance (labeled “[insurance Company]”), and [Husband]’s EFTs to [Wife] to settle any outstanding balances (labeled “[Husband] paid [Wife]”).

22. Bank statements of [Husband] demonstrating ongoing EFTs to [Wife] to balance shared rent and shared expenses starting July 2014 and ending August 2015 when housing became free due to [Wife]’s full-time position.

Supporting evidence for shared financial responsibility. Without rent to skew shared expenses accounting, EFTs have become unnecessary since expenses can be balanced by taking turns on individual purchases.

23. Credit card statements of [Husband] with [Wife] as secondary user for the year of 2014.

Credit card account was opened in May 2014 after [Husband] entered the United States in April 2014.

24. Credit card statements of [Husband] with [Wife] as secondary user for the year of 2015.

In 2015, American Express introduced an annual summary statement function allowing all transactions for a given year to be on a single statement, thus the one-page summary of all transactions in 2015 as opposed to separate monthly statements provided for 2014.

25. Credit card statements of [Husband] with [Wife] as secondary user for the year of 2016.

26. Driver’s License for [Husband] and [Wife].

While [Husband]’s driver’s license was issued in 2014 and therefore displays the 2014 residence’s address, [Wife]’s driver’s license was issued in 2013 and therefore displays the 2013 residence’s address.

[Sukie 1,465]

Rysa,

Your letter is good, but can you add one sentence as to WHY you chose not to co-mingle finances? What played into this decision? I'm sure there is a good reason the two of you had for this (such as: one spouse had rotten credit, or one spouse was burned in a former relationship, or .....)

Also - can you point to the place in your lease where utilities are included? That helps explain why there are no utility bills in both of your names.

I think explaining WHY is the KEY point of all of this. Otherwise, your documentation looks very good.

Good luck!

Sukie in NY

[rysa 3]

Thank you for the suggestions! Having to elaborate on our reasons for maintaining separate finances feels a bit invasive but I suppose USCIS was never about prioritizing privacy. I wonder if it'd reflect poorly on our "intentions" if we kept them separate "in case" things didn't work out (+ having observed family members recently go through painful divorces with much squabbling)? Since we figured out a working system we're comfotable with, we just never saw a pragmatic (non-visa) reason to merge finances once the dust settled. I don't know if elaborating that we were pragmatic about the potential prospects of our marriage not working out would put up a red flag somehow...

[squareleg 69]

"Regarding their finances, they made a joint decision not to merge their finances at the time of marriage."

"They have shared joint financial responsibility (as documented by supporting evidence #20-22) and have a credit card for which they are shared users (evidence #23-#25)..."

Contradictory. Also, based on the evidence for the said line items. It doesn't show shared joint financial responsibility. Credit Cards - only the primary user is financially liable. You can add entire town as authorized user. I have my parents, childcare provide etc. on my cards. It doesn't provide good evidence.

Based on my understanding, the clerks spent on an average 2-3 hours from the inception to your greencard being printed. It seems highly unlikely that they will work through the excel spreadsheet printouts. The need simple stuff that show joint assets and liabilities.

Personally, I am confident that you are valid couple. However, you evidence could be interpreted as two individuals living under one roof. You have qualified every piece of evidence as either wife or husband. I suggest, only include "joint" evidence. Burden is on you to prove that you are married couple.

Good luck!

[rysa 3]

We don't have joint assets. The only piece of joint liability that meets your indicated standards would probably be the three sequential leases. Are we screwed? Are we raising red flags by saying tracking shared expenses and showing evidence of cash flow between us to account for share expenses are, in fact, some indication of joint financial "responsibility"? What's a good term? I don't want to sound fraudulent which is what I think you're saying it sounds like. To me merging finances is much broader than having shared responsibility and having the two statements are not contradictory. Merging finances mean shared savings/checkings/investments/retirements/asset-i-general. Shared responsibility isn't that broad. Can other members weigh in on this?

Re. credit card statements not being a good indicator, why then do they ask for credit card statements if they're not considered valid evidence, though? It was included in the RFE request: "Copies of credit card statements."

Even if they don't meet rigorous standard of joint assets/liability (is this the only valid definition of marriage these days?), aren't the other kinds of evidence as listed in the RFE sufficient evidence? If not, I might as well let him go home b/c that's what he's starting to feel due to the process...

Edited April 14, 2016 by rysa

[Sukie 1,465]

Rysa,

Your explanation about "not sure it will work out" is fine. If USCIS isn't quite sure, then they will interview you. It's pretty easy to see that people are a legitimate couple when you have them face-to-face.

You guys just send in your explanation, with any other documentation, and then sit back and wait, like the rest of us. We all get discouraged with the intrusion into our lives. It does feel like your love is constantly questioned!

We'll all make it through. If people are communicating on Visa Journey, then they are most likely a bonafide couple!

Take a breath. You'll be OK.

Sukie in NY

[Morningmist 76]

Did you send a whole 2 years worth of history.

I don't share my husbands last name and it never was a problem during this process.

"Re. credit card statements not being a good indicator, why then do they ask for credit card statements if they're not considered valid evidence, though? It was included in the RFE request: "Copies of credit card statements."

I was told that having a child doesn't prove anything either yet it was the number 2 request for evidence on USCISs site. Sometimes the advice here doesn't make sense. I would include it if they are asking for it.

It's really the whole package.

[squareleg 69]

We don't have joint assets. The only piece of joint liability that meets your indicated standards would probably be the three sequential leases. Are we screwed? Are we raising red flags by saying tracking shared expenses and showing evidence of cash flow between us to account for share expenses are, in fact, some indication of joint financial "responsibility"? What's a good term? I don't want to sound fraudulent which is what I think you're saying it sounds like. To me merging finances is much broader than having shared responsibility and having the two statements are not contradictory. Merging finances mean shared savings/checkings/investments/retirements/asset-i-general. Shared responsibility isn't that broad. Can other members weigh in on this?

Re. credit card statements not being a good indicator, why then do they ask for credit card statements if they're not considered valid evidence, though? It was included in the RFE request: "Copies of credit card statements."

Even if they don't meet rigorous standard of joint assets/liability (is this the only valid definition of marriage these days?), aren't the other kinds of evidence as listed in the RFE sufficient evidence? If not, I might as well let him go home b/c that's what he's starting to feel due to the process...

Don't be disheartened so fast. Immigration is an extremely slow and painful process. (I came to this country as a student a the turn of the century and have burned through various alphabets of visas related to education, employment and greencard etc.) It all works out in the end.

I never thought that you are fraudulent. You wouldn't be here if you were. I just posted my opinion on your post with the intention to help based upon my experience.

I have not read your original post again. Please have your wife's employer (I think, you mentioned she is professor or in academia) or her department head write a letter if they know you as a couple. I think, being on university letterhead it will carry certain weight.

I suggest submit all the evidence that you mention. It is bound to have a binary outcome: OK or Interview. Sit back, relax and enjoy what the country has to offer in the meantime....good luck!!

Edited April 15, 2016 by squareleg

[IcezMan_IcezLady 582]

You may have very good intentions. And I honestly cant fault you for looking out for yourselves in case things go south but USCIS does not want to know that that is your fear. If anyone had gone to an interview and made statement like that, the person wouldn't be getting a visa.

So what you have is a mere evidence that a roommate can provide. In fact, my former roommate and I had our names on the utility bill but a married couple can't have that because of your fears?

Your explanation makes sense but it comes off as a "transactional" arrangement. Heck, most apartments will not have a cohabitant live in the place without having cohabitant's name on the lease.

You need to prove that you two are a couple not roommates or something else.Read through the forum for couples that didn't have much co-mingling documents.

So take a second look at your evidence.. But anything is possible and good luck!

[lucybelle 453]

Many couples have "yours/mine/ours" accounts. Is this something you guys could set up for purposes of residency? (Not sure if it will count as it is done later, but still). Have a joint account account that you both transfer money into to pay for joint bills, groceries, etc. If you think you might have an interview having a few months of a joint account might help. Even if it is a small amount.

Wish you luck! I totally understand your decision to keep finances separate, and to not change your name (I sure didn't change mine!), it's unfortunate that we have to go through so much scrutiny as international couples.

[rysa 3]

In fact, my former roommate and I had our names on the utility bill but a married couple can't have that because of your fears?

Well we simply don't have utility bills because it's included in the rent (included reference to where it says that in the lease per Sukie's suggestion).

It's not a "fear" - it's a pragmatic assessment based on statistics. :/ We're not starry-eyed lovers or anything. We want a life together but we recognize the realities of asking someone to uproot themselves. If it doesn't work out we just want it to be as painless as possible without having the added stress of finances like what happened to my sister even in a theoretically 50-50 state like California. (Like, not having a joint account doesn't mean we won't have to split our assets anyway, but the disentangling process seems much easier--until both sides lawyered up in my sister's case I was the mediator and that was just ulcer inducing because her ex just went crazy and contested everything.)

Re. lucybelle's suggestion, I don't think setting one up now will help since they want evidence between our marriage in 2012 and now in 2016.

I'd like to argue that it indicates a better level of "trust" if we're fine settling shared expenses through individual transactions and EFTs. I never doubt that he won't hold his end; he never doubts that if he ends up racking up more of the shared burden/cost, I wouldn't do the same. I don't know. I feel like our thinking isn't considered "marital" or something, somehow.

I changed the description that sent up a red flag for squareleg to:

Regarding their finances, they made a joint decision not to merge their financial assets at the time of marriage due to having recently observed family members go through a difficult divorce due to commingled assets. They have shared joint financial responsibility (as documented by supporting evidence #20-22 and #10-12) and have a credit card for which they are shared users (evidence #23-#25), but they maintain their own set of credit cards, bank accounts, and investments.

So I added the lease as evidence of responsibility (since I believe your name on the lease puts you on the hook) and made it more explicit that we didn't merge assets but we do share everything else.

I guess I'll try to throw in photos--sadly, we're not the instagram/selfie types so we actually don't have too many (I'm sure this is a red flag... but we're just weird. I guess.) but we have a couple photos of us (hopefully) looking happy together as a married couple and not two strangers sharing a space-time continuum based on a mutually beneficial platonic arrangement.

Thanks for the multiple perspectives--even though I may have reacted defensively it's helpful to know an adjudicator may feel the same way and we should plan for that and be more careful with the RFE.

Edited April 15, 2016 by rysa

[NikLR 13,232]

Do you have wills? Medical powers of attorney?

You can add your husband onto the title of the car; it's not that big of a deal unless it's like a Bentley or Ferrari.

Life insurance? Health insurance? Beneficiaries of each other's 401k?

Forget sending anything singular unless you're also showing where money came in from one spouse to pay a bill under the other spouse's name.

Having lived a life with all separate accounts and one with mostly joint, i know I prefer the joint. It feels to us, more like we both contribute to our life together. I know when I was separating from my ex, i went to a lawyer to find out if i could get anything after 9 years, but without proof I had contributed to our life together, it would have been hard to even get child support. Separating is fine but theres a point when youre just roommates with a marriage certificate on paper. Then again, how it feels to us as a couple doesn't matter in your life eithet.

Worst comes to worst and you get an interview. If you're a genuine couple you have nothing to fear from an interview.

Btw we sent two photos and an affidavit type statement. We also dont take photos together and honestly, that's all we had. Lol

[rysa 3]

Do you have wills? Medical powers of attorney?

You can add your husband onto the title of the car; it's not that big of a deal unless it's like a Bentley or Ferrari.

Life insurance? Health insurance? Beneficiaries of each other's 401k?

Forget sending anything singular unless you're also showing where money came in from one spouse to pay a bill under the other spouse's name.

Having lived a life with all separate accounts and one with mostly joint, i know I prefer the joint. It feels to us, more like we both contribute to our life together. I know when I was separating from my ex, i went to a lawyer to find out if i could get anything after 9 years, but without proof I had contributed to our life together, it would have been hard to even get child support. Separating is fine but theres a point when youre just roommates with a marriage certificate on paper. Then again, how it feels to us as a couple doesn't matter in your life eithet.

Worst comes to worst and you get an interview. If you're a genuine couple you have nothing to fear from an interview.

Btw we sent two photos and an affidavit type statement. We also dont take photos together and honestly, that's all we had. Lol

Wills - no, we haven't gotten around to it and my spouse still thinks he's immortal. It's on my to-do list to stare at him about once this ordeal's over.

Medical powers of attorney - no, didn't even think of that. Still, even if we do it now, what they want to see is sustained evidence 2012-2016 so not sure it'd help. Same for car title. Adding him now probably won't help.

Life insurance - (see will)

Health insurance - we each get it through our own employers

Other insurance - added more insurance policies including notifications from our insurer when I added him to my auto/renters' insurance right after he entered the US.

Beneficiaries - yes, have that for 401K, Roth IRA, normal investment account.

Separate/joint finances - I just think people are entitled to their own preference, and whatever works best for them is good. Then we just accept the consequences of our particular decision. This RFE is our consequence but I'm... OK with that, if feeling marginalized for making pragmatic choices. But governments are arbitrary. Not going to merge finances now since it's mostly moot at this point of the process. We actually do have one joint account. We never touched it after we set it up b/c we found a perfectly workable system that didn't feel like a chore, so the joint account bank statements won't really help for this RFE (zero activity).

It seemed like Affidavits are low on the list of important evidence based on what threads I've combed through on VJ though.

Scrounged up several photos. Read they also don't care about photos as much as commingled finances but this is about all we've got.

[NikLR 13,232]

Adding now is better than not. If the question arises why did you do it now, well we didnt realize the importance of this in our lives until we did some research for this RFE. Our wills and living wills were signed the day I sent our package.

Affidavits and photos are low, but you're lacking in other evidence. Thats what those low evidence things are for.

Your system of separate finances is what many people do. My husband's best friends are like that. He has his accounts and pays all the household bills, she has her accounts and pays her bills and loans. They dont need to communicate about purchases because of this either. Her mom was a nickel and dime person so he was always worried his wife would be the same way and he never wanted to worry about the bills. Your method is realistic about ensuring you both have adequate finances and stay as independent adults even though youre a couple; i wouldnt call it pragmatic as your method of manging finances is more prevalent for non-immigrant couples.

If in the end it means an interview because the government feels people should do things in a different manner, well its not the first time the government thinks people should do something one way but they generally do it another.

[rysa 3]

Adding now is better than not. If the question arises why did you do it now, well we didnt realize the importance of this in our lives until we did some research for this RFE. Our wills and living wills were signed the day I sent our package.

Sure... we'll do power of medical attorney since that's fast from what I've just read. We'll just waste more time doing the CA DMV dance if we want to change the car title and I feel adding him as driver/co-renter on our auto/renter's insurance 3 weeks after he entered the US is better evidence over time rather. If that results in an interview yes I'll take the consequences.