AOS interview

[toxicatta 10]

Dear, VJ,

I came to the US on a K-1 visa and have lived here for a year. I am having my AOS interview in two weeks. My marriage is genuine and full of love, and I have evidence for that: wedding pictures, photos together and with husband's family, plane tickets for a vacation trip we are making together soon, emails and tons of receipts for gifts, etc. I am also on his health insurance plan, and he filed his tax return jointly with me. And I am just wondering if we have enough evidence. We never bought any property together, we don't have a life insurance, there are no joint leases, he is paying all the bills alone... We don't even have a joint bank account because at the moment there is no need for that. We don't have children either. And our wedding was very small and quiet, with no flowers or white dress, we didn't even buy expensive rings, because we both had rings given to us by our families (family heirlooms). So... do you guys think we have enough evidence?

Also, I didn't change my name to his. Can it raise suspicion?

[Ortolan 381]

You can get forms for Living Wills and/or Medical Power of Attorney online, print them out, fill them out, and go to a county clerk and have them notarized.

You can apply for a joint credit card.

You can create a joint bank account.

You can get a drivers license, and show that both his and yours have the same address.

You can get put on his electric/gas utility account.

These are just some of the things you can do.

Gift receipts and plans for trips you're going to take in the future aren't going to be useful. Health insurance proof and taxes are good.

USCIS is interested in financial co-mingling as "evidence of bonifide relationship." You may not feel it necessary to have a joint account at a bank, but for providing proof, it's important.

[toxicatta 10]

You can get forms for Living Wills and/or Medical Power of Attorney online, print them out, fill them out, and go to a county clerk and have them notarized.

You can apply for a joint credit card.

You can create a joint bank account.

You can get a drivers license, and show that both his and yours have the same address.

You can get put on his electric/gas utility account.

These are just some of the things you can do.

Gift receipts and plans for trips you're going to take in the future aren't going to be useful. Health insurance proof and taxes are good.

USCIS is interested in financial co-mingling as "evidence of bonifide relationship." You may not feel it necessary to have a joint account at a bank, but for providing proof, it's important.

Yes, I thought we should do some or all of these things. But my husband is certain we will be fine without it. He just can't imagine we can get RFE or denial, because we are obviously living together and we are obviously so much in love. But I spend much more time on VJ than he does, and from what people say, it seems that USCIS is more interested in financial evidence than any proof that we love each other...

But won't it look suspicious if we do all that in the last two weeks before the interview?

Also, I would really like to show at USCIS that we have the same address, but I can't get a driver's license because I don't drive. Is there any other way to prove we have the same address?

Edited April 22, 2016 by toxicatta

[Ortolan 381]

I have no clue whether USCIS would find it "suspicious" or not. If you do have a bonifide marriage, these are ways to prove it.

When it comes time for Removal of Conditions, you'll have to have proof of financial co-mingling.

Your husband is going to be in for a surprise, and possible an RFE; USCIS isn't interested in the depth of your love, and you have to show that you live together. It's not 'obvious' until you show them with paper. They're not going to camp out at your street to see if you go into the same house night after night

Bills, financial statements, holiday cards sent to you both at the same address, this is the kind of tangible evidence they want.

[toxicatta 10]

Your husband is going to be in for a surprise, and possible an RFE; USCIS isn't interested in the depth of your love, and you have to show that you live together. It's not 'obvious' until you show them with paper. They're not going to camp out at your street to see if you go into the same house night after night

Bills, financial statements, holiday cards sent to you both at the same address, this is the kind of tangible evidence they want.

I suppose we were a little too relaxed about this because of how easily my K-1 was approved... Up until they scheduled my AOS interview I never even thought we would have to do all kinds of additional paperwork and "financial mingling" just to prove to USCIS that we have a bona fide marriage. And it's not like I have any finances to mingle with anyway, I don't have any income yet. We should have thought about this earlier...

Edited April 22, 2016 by toxicatta

[Ebunoluwa 6,136]

You can squeeze by with what you have for AOS but not for ROC where you must have financial co mingling from inception of marriage. Get a joint account now and joint CC or at least as authorized user and everything else that was suggested above. Joint health insurance, 401 k, wills and power of attorney can be done now and won't look suspicious because it's what wanted.

[Ken&Ruzana 4]

Yes, I thought we should do some or all of these things. But my husband is certain we will be fine without it. He just can't imagine we can get RFE or denial, because we are obviously living together and we are obviously so much in love. But I spend much more time on VJ than he does, and from what people say, it seems that USCIS is more interested in financial evidence than any proof that we love each other...

But won't it look suspicious if we do all that in the last two weeks before the interview?

Also, I would really like to show at USCIS that we have the same address, but I can't get a driver's license because I don't drive. Is there any other way to prove we have the same address?

You can also go and get a state issued ID card from the state you live in if you don't drive, that will provide you with a legal document that has your address on it.

[toxicatta 10]

Oh, yes, husband told me today that I am on his 401k. I didn't even know

So, we have marriage certificate, 401k, joint health insurance, joint tax return, and I'm going to get a state ID with our address on it. Plus a lot of secondary evidence. This should be enough for AOS, right? Husband is still "not really worried" and doesn't want to open a joint bank account because "too much hassle". I hope he is right in his confidence, but if we get RFE I will be very cross.

Thank you all very much for your advice and help!

[Ebunoluwa 6,136]

Sorry but financial co mingling as in joint bank account IS important and they want it for ROC from the beginning of marriage so why not

open one now just in time for AOS, how long is he going to wait ?

Go to the bank and open it, takes less than an hour.

He should do some reading here.

You may or may not get by with it for an AOS interview but you do need to think ahead of the next step after that .....ROC.

I don't know why people don't look at the next steps that are still ahead.

Perhaps he finds it less hassle to receive RFE's ?

[Harpa Timsah 13,258]

They don't expect newlyweds to have a ton of joint stuff yet. You'll be fine.

[EM_Vandaveer 2,408]

Harpa Timsa is right. For AOS, you'll be fine BUT you have to do ROC in two years and you'll definitely need more stuff for that STARTING at the beginning of the marriage. At the very least you should open a joint bank account now so you have two years' worth of account statements at ROC time.

[toxicatta 10]

Sorry but financial co mingling as in joint bank account IS important and they want it for ROC from the beginning of marriage so why not

open one now just in time for AOS, how long is he going to wait ?

Go to the bank and open it, takes less than an hour.

He should do some reading here.

You may or may not get by with it for an AOS interview but you do need to think ahead of the next step after that .....ROC.

I don't know why people don't look at the next steps that are still ahead.

Perhaps he finds it less hassle to receive RFE's ?

So every American married couple is expected to have a joint bank account? Is there a law that says that? People absolutely can't have a good solid relationship if they use separate credit cards? How can a joint health insurance, 401k and joint tax return not be enough? Don't get me wrong, I am not stubborn, if that's what they want to see I will do it. But this idea, that if you don't have a joint bank account with your spouse it means your marriage is not real, is just ridiculous. I thought USCIS needs any legal proof of bona fide relationship, not specifically this one thing? And if it is specifically a joint account they want, it sounds like they are telling us how to live our lives, how to manage our money and how to be a married couple. That's what my husband doesn't like, and I can't help but agree with him. He has been a USC since birth, and in all these years the American government has never told him how to live his life (other than to obey the law) and what to do with his money (other than to pay the taxes). Thing is, we would never even think about joint accounts if it wasn't for USCIS. And if we do open one I doubt we are going to use it a lot, definitely not in these two weeks. There are no mutual payments that we need to make for any property, so there is literally no need for a joint account other than show it to USCIS. Perhaps when the time comes for ROC things will be different. Perhaps I will finally have a job by that time and we will be making mutual payments for some piece of property. But right now it's not the case.

I'm sorry, Ebunoluwa, I'm not asking you all these questions. I really, really appreciate your response, I did show it to my husband, as well as all the other information about this I could find. And it's not even a big deal, I don't mean to be dramatic. I'm just a little frustrated because I am torn between my husband's (completely justified) stubbornness and my lack of desire to get an RFE ><

They don't expect newlyweds to have a ton of joint stuff yet. You'll be fine.

That's exactly what we thought. But then I read a lot of stuff on VJ and got worried, because other people do seem to have a lot of joint stuff from the very beginning...

Harpa Timsa is right. For AOS, you'll be fine BUT you have to do ROC in two years and you'll definitely need more stuff for that STARTING at the beginning of the marriage. At the very least you should open a joint bank account now so you have two years' worth of account statements at ROC time.

Yes, I understand. But a) we've been married for less than a year; b) I don't have a job and income and c) I don't have ANY of my own finances or assets to mingle with his. For now, all the money I have is what he is giving me. I hope this will change soon, but right now there is no "family budget", there is just his money that he spends on both of us. I already see that it's my mistake, I should have found a job months ago. And I'm pretty sure things will be different before the time comes for ROC. I AM trying to think a few steps ahead...

[EM_Vandaveer 2,408]

So every American married couple is expected to have a joint bank account? Is there a law that says that? People absolutely can't have a good solid relationship if they use separate credit cards? How can a joint health insurance, 401k and joint tax return not be enough? Don't get me wrong, I am not stubborn, if that's what they want to see I will do it. But this idea, that if you don't have a joint bank account with your spouse it means your marriage is not real, is just ridiculous. I thought USCIS needs any legal proof of bona fide relationship, not specifically this one thing? And if it is specifically a joint account they want, it sounds like they are telling us how to live our lives, how to manage our money and how to be a married couple. That's what my husband doesn't like, and I can't help but agree with him. He has been a USC since birth, and in all these years the American government has never told him how to live his life (other than to obey the law) and what to do with his money (other than to pay the taxes). Thing is, we would never even think about joint accounts if it wasn't for USCIS. And if we do open one I doubt we are going to use it a lot, definitely not in these two weeks. There are no mutual payments that we need to make for any property, so there is literally no need for a joint account other than show it to USCIS. Perhaps when the time comes for ROC things will be different. Perhaps I will finally have a job by that time and we will be making mutual payments for some piece of property. But right now it's not the case.

I'm sorry, Ebunoluwa, I'm not asking you all these questions. I really, really appreciate your response, I did show it to my husband, as well as all the other information about this I could find. And it's not even a big deal, I don't mean to be dramatic. I'm just a little frustrated because I am torn between my husband's (completely justified) stubbornness and my lack of desire to get an RFE ><

That's exactly what we thought. But then I read a lot of stuff on VJ and got worried, because other people do seem to have a lot of joint stuff from the very beginning...

Yes, I understand. But a) we've been married for less than a year; b) I don't have a job and income and c) I don't have ANY of my own finances or assets to mingle with his. For now, all the money I have is what he is giving me. I hope this will change soon, but right now there is no "family budget", there is just his money that he spends on both of us. I already see that it's my mistake, I should have found a job months ago. And I'm pretty sure things will be different before the time comes for ROC. I AM trying to think a few steps ahead...

I am a stay-at-home mom myself, I don't work outside the home. The point of co-mingling is that I do have acces to "his" money (that we both regard as ours, not his). USCIS does not care about different family circumstances. At ROC most of the time there is no interview so somebody sitting at a desk thousand of miles away from you has to determine if your marriage is real or is just an arrangement to get a GC. I understand that you are genuine, but how are they supposed to determine that without knowing you personally? They can only do that by looking at documents you send them. The thinking is this: IF somebody just enters a marriage for the purpose of getting a GC/helping their spouse get a GC they probably don't trust the other party enough to give them access to all or most of their money.

Sure, American couples are not made by the government to share their finances if they want to keep them separate but they are also not asking the government for the right to live here. They already have that right.

[toxicatta 10]

I am a stay-at-home mom myself, I don't work outside the home. The point of co-mingling is that I do have acces to "his" money (that we both regard as ours, not his). USCIS does not care about different family circumstances. At ROC most of the time there is no interview so somebody sitting at a desk thousand of miles away from you has to determine if your marriage is real or is just an arrangement to get a GC. I understand that you are genuine, but how are they supposed to determine that without knowing you personally? They can only do that by looking at documents you send them. The thinking is this: IF somebody just enters a marriage for the purpose of getting a GC/helping their spouse get a GC they probably don't trust the other party enough to give them access to all or most of their money.

Sure, American couples are not made by the government to share their finances if they want to keep them separate but they are also not asking the government for the right to live here. They already have that right.

Ah, okay, I get it. If there is no interview it makes more sense. And yes, in our marriage his money is also ours, he just puts money on my card and I do with it whatever I want. Or I tell them what we need for the house/I need for myself and he buys that. Of course, if we had a big household with children and lots of expenses we would probably need a joint account. But we don't, and as I said, we've only been married for 10 months. I'm still kind of settling down here... That's why I thought gift receipts and money transactions would also count as evidence, but someone said they are no good.

[Ebunoluwa 6,136]

It is what it is and we all have to jump through burning hoops to get to the end goal.

You can certainly not do it and deal with the consequences later or fall in line like the rest of us and do what you have to do.

Take a look around all the RFE's that have been issued lately, subscribe to the ROC forum to read the threads for yourself.

People have submitted everything but the kitchen sink for ROC and they still want more, mainly what has been stated over and over again

the RFE's are for joint bank accounts from the beginning of marriage and bank statements showing that co financing activity.

By all means research it yourself and don't take my word for it. I am only trying to help you.

You can gamble with AOS if you want to but you should get ready for ROC now not one months before filing.

USCIS doesn't care what your husband thinks.