Re: RFE when couple does not share financial responcibilites

[subwayguy 100]

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

you are absolutely correct. and you shouldn't make any compromise just because the USCIS asks for it.

send a letter and explain your situation, tell them to interview you if necessary.

and one last thing you could always do a postnup.

[KawikaDavid 2]

you are absolutely correct. and you shouldn't make any compromise just because the USCIS asks for it.

send a letter and explain your situation, tell them to interview you if necessary.

and one last thing you could always do a postnup.

Thanks subway guy. The more I think about it, the less inclined I am to even mention the prenup. Regardless of the prenup, I would have done it as I am. I have no problem paying the bills while she gets acclimated to American culture, goes to college, begins making more than minimum wage and understands working with money beyond a few pesos.

[KawikaDavid 2]

You don't have a joint bank account?

Thanks Hank...............Yup....we have had a joint bank account since the beginning. However, it's not linked to my primary accounts and there have been minimal transitions within the joint account.

[Sukie 1,460]

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

David, you have an unusual situation. Because you don't look like a "normal" couple from a financial standpoint (well, if it were 1940, maybe), it will be up to you to demonstrate that you are, in fact, a bonafide couple.

Your best bet is to write them a letter in response to the RFE, and explain that you know you do not look like most couples, but you do not mingle your finances and give your reasons for not doing so. An absence of co-mingling will not mean your spouse will not be able to do the ROC, but you can probably count on being called for an interview.

While the pre-nup might have been a good idea, it does raise flags. The two of you will, most likely, be able to overcome them, but do be prepared for some more in-depth questioning.

Best of luck.

Sukie in NY

[christophec 16]

I am in the same situation, we share everything but bank account. we do have a joint bank account but did not use it. this is our proof for ROC, i will be sending this month.

• Joint Apartment lease
• Joint tax return for 2014 & 2015
• Joint Con Edison electric bill for 2 different month
• Joint Verizon internet and Tv bill for 2 different month
• capture of American Express website showing Joint credit card
• Copy of both credit card to proof the screenshot
• Joint health insurance for 2015
• Joint health insurance for 2016
• Plane ticket together
• Payroll showing : Married
• Pictures as key moments

Let me know what you guys think ?

I totally think it is ok if one does not want to share bank account. but we do share everything else.

[Ebunoluwa 6,136]

I am in the same situation, we share everything but bank account. we do have a joint bank account but did not use it. this is our proof for ROC, i will be sending this month.

• Joint Apartment lease
• Joint tax return for 2014 & 2015
• Joint Con Edison electric bill for 2 different month
• Joint Verizon internet and Tv bill for 2 different month
• capture of American Express website showing Joint credit card
• Copy of both credit card to proof the screenshot
• Joint health insurance for 2015
• Joint health insurance for 2016
• Plane ticket together
• Payroll showing : Married
• Pictures as key moments

Let me know what you guys think ?

I totally think it is ok if one does not want to share bank account. but we do share everything else.

Over and over again I see RFE's for bank statements from the inception of marriage and joint bank accounts showing transactions.

You are taking your chances.

you are absolutely correct. and you shouldn't make any compromise just because the USCIS asks for it.

send a letter and explain your situation, tell them to interview you if necessary.

and one last thing you could always do a postnup.

Good luck with that.

[Ebunoluwa 6,136]

Thanks Forest Child, Yea we have considerable evidence of social mingling e.g., vacations, family photos---2 marriage ceremonies --one in each country. We have had a joint bank account since marriage. I suppose I could get some of the utilities transferred to both names. In your opinion, would it be wise to do that now, this late in the game? They want this info in 7 weeks. Would it seem a little contrived if I all of a sudden changed utility bills to reflect both parties? thanks

You can not submit what doesn't exist. However USCIS is requesting more evidence and therefore it is perfectly ok to NOW

add her to the utility bills and submit it with a note attached of why you haven't done so from the beginning of the marriage.

It is not contrived to fake out anyone, it was requested so submit it.

All your evidence gets a little lost in the many comments and it would be beneficial if you list ALL evidence here bullet style

so we can then add suggestions on what is missing. What you do have kind of gets lost with the explanations around it.

* Photos from trips

*Reciepts from trips

* etc etc.....

You get the point. Look over the list I posted earlier again to see what all you can add.

[KawikaDavid 2]

You can not submit what doesn't exist. However USCIS is requesting more evidence and therefore it is perfectly ok to NOW

add her to the utility bills and submit it with a note attached of why you haven't done so from the beginning of the marriage.

It is not contrived to fake out anyone, it was requested so submit it.

All your evidence gets a little lost in the many comments and it would be beneficial if you list ALL evidence here bullet style

so we can then add suggestions on what is missing. What you do have kind of gets lost with the explanations around it.

* Photos from trips

*Reciepts from trips

* etc etc.....

You get the point. Look over the list I posted earlier again to see what all you can add.

Thank you. Hmmm interesting (add her now to utilities). I don't know what my note would say. It might contradict why she's not already on there ( she's no money and lacks skills regarding paying bills). The only reason would be because USCIS asked me to ,which, seems to me, doesn't address their primary concern: sham marriage. But I thank you and will consider it.

[KawikaDavid 2]

David, you have an unusual situation. Because you don't look like a "normal" couple from a financial standpoint (well, if it were 1940, maybe), it will be up to you to demonstrate that you are, in fact, a bonafide couple.

Your best bet is to write them a letter in response to the RFE, and explain that you know you do not look like most couples, but you do not mingle your finances and give your reasons for not doing so. An absence of co-mingling will not mean your spouse will not be able to do the ROC, but you can probably count on being called for an interview.

While the pre-nup might have been a good idea, it does raise flags. The two of you will, most likely, be able to overcome them, but do be prepared for some more in-depth questioning.

Best of luck.

Sukie in NY

Sukie ...I agree with everything you said. And, I will address the finances as you suggest. Also.....I am going to focus on our "social comingling". We got married in USA. One year later, not because we had to, we had a second marriage church service for the benefit of her family in the Philippines. I had many time consuming and expensive hoops to jump through because I am not catholic. I was happy to do it and it is well documented with many pics. That, seems to me, would not typically happen if it were a sham marriage.

[babsloblaw 6]

Thank you Babsloblaw,

Yea she is great. She's been working fulltime since her arrival and always offers to pay for things, but I've told her to save her money. Your idea re: health insurance--and my billing statements will match and it's a good idea. Thanks for that. Afterthought: but will that help? That will again establish that I am paying for everything. I think they want proof of her contributing? I 'm not sure what they want, honestly. Where in Phils are you from? thanks.....

I don't think it's her contributing that USCIS is looking for per se. Women stop working in traditional marriages, so her not putting funds into marriage won't really raise any flags about your relationship. USCIS is probably more looking for proof that you're looking out for each other financially -- something that a green card marriage wouldn't likely exhibit. I've read some people send in their wills, power of attorney, authorized signatory, etc. Those would be good evidence too. Did you send in affidavits as well? Get someone who understands your finances to attest to your marriage.

I do like the idea of a letter too. You can mention your situation and invite them to visit your home or have you come in for an interview if they need further proof.

and I'm from Manila

[Shauneg 762]

Thank you. Hmmm interesting (add her now to utilities). I don't know what my note would say. It might contradict why she's not already on there ( she's no money and lacks skills regarding paying bills). The only reason would be because USCIS asked me to ,which, seems to me, doesn't address their primary concern: sham marriage. But I thank you and will consider it.

Why are you stuck on the fascination that she must pay the bills if her name is on them along with yours. You can still pay them. They're not looking for who wrote the check, just that everything is in both your names....

[LionessDeon 2,060]

Why are you stuck on the fascination that she must pay the bills if her name is on them along with yours. You can still pay them. They're not looking for who wrote the check, just that everything is in both your names....

Right. Ebunoluwa laid out all the possible evidences he can send to satisfy the RFE but he's fascinated with the pre nup and writing a note.

[Shauneg 762]

Right. Ebunoluwa laid out all the possible evidences he can send to satisfy the RFE but he's fascinated with the pre nup and writing a note.

What I meant was that he keeps saying she can't added to the bills because she doesn't make enough to pay for them and doesn't know how to pay bills. She could still be added even if the money comes from his pocket.

Should start teaching her how to be an adult and learning to pay bills....you are doing ROC which means she's been here at least two years. It's to hard to teach someone, there will be a time when she is going to have to do it because you cannot.

[LionessDeon 2,060]

Well I'm sure this isn't the first couple with a pre nup that applied for AOS or ROC. I'm sure it will all work out on the end.

[Merrytooth 5,748]

I wonder if OP becomes unemployed or back luck, will the wife step up financially to help out or she will follow the prenup terms strictly