Re: RFE when couple does not share financial responcibilites

[KawikaDavid 2]

We recently received a I-797-E Request for evidence. The primary request was to submit evidence of comingling of finances. We do not do that because my wife (Filipina) only makes min wage and I make considerably more; also our prenup indicates that I assume such financial responsibilities.

Any helpful recommendations, suggestions?

thanks so much

David

[EM_Vandaveer 2,408]

What part of the process you are in? Are you filing for AOS or ROC?

[KayDeeCee 4,893]

What did you file for? What form did you get the RFE for? This is the K-1 forum, but it cannot be for the I-129F petition or a K-1 visa. It helps everyone trying to help you to know your timeline info, or at least the basics of your case process.

[LionessDeon 2,060]

Just because you have a pre-nup doesn't mean you can't put her name on bank accounts, credit cards, or household bills does it?

[EM_Vandaveer 2,408]

Just because you have a pre-nup doesn't mean you can't put her name on bank accounts, credit cards, or household bills does it?

Exactly. Doing so takes trust. I'm a stay-at-home mom and I'm still on our bank account. My husband views it as "our" money, not "his" money.

That's what USCIS is looking for. It's immaterial who makes the money, the question is if both parties have access to it or not. If not that creates questions. Although I am sure yours is not one of these, but if it was a "Green Card marriage" not a real one, both parties would keep their finances separate to protect themselves.

[Shauneg 762]

We recently received a I-797-E Request for evidence. The primary request was to submit evidence of comingling of finances. We do not do that because my wife (Filipina) only makes min wage and I make considerably more; also our prenup indicates that I assume such financial responsibilities.

Any helpful recommendations, suggestions?

thanks so much

David

Comingle finances.

[KawikaDavid 2]

We recently received a I-797-E Request for evidence. The primary request was to submit evidence of comingling of finances. We do not do that because my wife (Filipina) only makes min wage and I make considerably more; also our prenup indicates that I assume such financial responsibilities.

Any helpful recommendations, suggestions?

thanks so much

David

Thanks for all of your comments. let's see. KDC and EM...We are applying for the 10 year green card. Lioness...I suppose I could have put her name on the finances, but it might have undermined the prenup (indicating she paid some of these bills which would be against our agreement) and it's too late now.

Oh....and EM......In a "Green Card marriage", both parties would probably keep their finances separate to protect themselves. That is true. However, we are a "real marriage" and designed our finances to be kept separate. Our love is mutual and real.

thanks ....any suggestions given these circumstances?

[Shauneg 762]

Thanks for all of your comments. let's see. KDC and EM...We are applying for the 10 year green card. Lioness...I suppose I could have put her name on the finances, but it might have undermined the prenup (indicating she paid some of these bills which would be against our agreement) and it's too late now.

Oh....and EM......In a "Green Card marriage", both parties would probably keep their finances separate to protect themselves. That is true. However, we are a "real marriage" and designed our finances to be kept separate. Our love is mutual and real.

thanks ....any suggestions given these circumstances?

Yes you designed it that way. Wouldn't a green marriage do the same thing, then make the same claims you are? Comingling finances doesn't mean that you don't still have the financial responsibility, just means she has access to your money...which shows trust. I guess it's moot but who writes a prenup about who pays bills and who doesn't? Does the prenup say you can't have joint accounts? If she did violate the prenup and paid bills who cares? Is that something you'd bring up in a divorce? Would she? She'd have to show she paid something. It's really the strangest prenup I've ever heard of.

....I really don't know...send in a copy of the prenup and explain why you don't comingle....

Edited July 2, 2016 by Shauneg

[LionessDeon 2,060]

I'm failing to see how it undermines the pre nup. Does it say "her name will not be put on bills or accounts"? You can still pay all the bills. I thought pre nups were used to decide how financial matters were handled in a divorce situation not to dictate how finances are handled throughout the entire marriage. I could be wrong.

Usually an RFE gives several weeks if not months to respond. It takes very little time to get her name added to things. Make a few phone calls....go into the bank put her on the account. Get copies of the paperwork and send it into USCIS.

It sounds to me like you just don't want to. Trust issue maybe. Comingling shows trust. Trust indicates bonafide marriage. Best of luck to you.

Edited July 2, 2016 by LionessDeon

[KawikaDavid 2]

Yes you designed it that way. Wouldn't a green marriage do the same thing, then make the same claims you are? Comingling finances doesn't mean that you don't still have the financial responsibility, just means she has access to your money...which shows trust. I guess it's moot but who writes a prenup about who pays bills and who doesn't? Does the prenup say you can't have joint accounts? If she did violate the prenup and paid bills who cares? Is that something you'd bring up in a divorce? Would she? She'd have to show she paid something. It's really the strangest prenup I've ever heard of.

....I really don't know...send in a copy of the prenup and explain why you don't comingle....

Thanks for your reply. You are correct; it's moot at this point. So you are suggesting I include the prenup? Wow...... I have heard the contrary--that it would be suicide to do so. Do have any reason to think it would be advantages?

[Shauneg 762]

Thanks for your reply. You are correct; it's moot at this point. So you are suggesting I include the prenup? Wow...... I have heard the contrary--that it would be suicide to do so. Do have any reason to think it would be advantages?

Only to show why you don't comingle I suppose.

[KawikaDavid 2]

Only to show why you don't comingle I suppose.

Ok...thanks for your time. I was going to state the other reason which is that I can afford the bills and she can't. By the way....I don't know this site verywell. Do you know if I am on the correct section of the forum to interact with people that have received a "Request for Evidence" letter in pursuant of a 10-year GC?

[Shauneg 762]

Ok...thanks for your time. I was going to state the other reason which is that I can afford the bills and she can't. By the way....I don't know this site verywell. Do you know if I am on the correct section of the forum to interact with people that have received a "Request for Evidence" letter in pursuant of a 10-year GC?

Many relationships are like that, but the bills and bank accounts are in both names. The only reason to have them split is to keep each other from accessing the money. I am in no way accessing of anything improper, just giving their perspective. They will typically ask for comingling is there is a huge disparity in income and/age.

For the second part, I'm on my phone so I'm not sure what section this post is under. If it's inappropriate and needs moved a mod will, they monitor everything pretty well.

[Ebunoluwa 6,136]

Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):

1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both

The above from the ROC guide. Bank accounts aren't enough, there is more to co mingle.
Wills and power of attorney are also good.
You have a choice to take a chance to be denied by presenting your concerns with a pre nuptial or make an effort to get approved by giving

them what they want, evidence of a co mingled marriage.
They are sticklers on bank statements from the inception of marriage and lots of RFE's go out for that when people

only submit a few recent months.
Have a variety of evidence.

[Ebunoluwa 6,136]

A Moderator will move your thread to the correct forum which would be here :
http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/