USCIS interview failed because of lack of documentation showing joint assets and liabilities

[geowrian 22,337]

1 hour ago, Farrah Lawson said:

Joint assets are NOT required by any USCIS form.

Correct. They are one form of evidence.

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"It sounds like there are a number of aspects, of which the lack of commingling of finances is just one item." - Would you please rephrase the statement so that it is clear? Thank you.

Commingling of finances is one part of showing a bona fide marriage. It is not the only way, neither is it a requirement. When you get the official denial or a NOID, it will list other reasons for the refusal.

 

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My spouse is indeed an authorized user. This is what the bank allows. The bank's policy does not allow my spouse to be a owner. We went to my bank before we submitted the paperwork with USCIS and that was their official position. Some users on this forum suggest that there are banks that allow joint bank accounts ownership. Well, I will not start going to every bank in my state to check which one allows joint accounts and then open accounts there which means that I would have to close my accounts at my current bank and transfer money into the new joint accounts opened. I will not do any changes upon my current business relationship with my current bank just to give satisfaction to a USCIS interviewer. 

Why change anything? Get a new account at another bank if they won't cooperate and use that for joint expenses. It certainly seems a lot simpler and easier than arguing with somebody who has decision making power over your spouse's ability to live in the same country with you.

 

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In FL a SSN is compulsory for background check (if there are unpaid debts).

ITIN works just as well for background checks, credit checks, bad-tenant checks, etc. However, I still highly doubt an SSN is required as there are many legal immigrants who come to the US (including Florida) and don't have an SSN yet but rent just fine. Most immigrants don't have an SSN before entering the US.

Also, usually a larger (multi-month) security deposit can be substituted for credit checks.

 

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Letters and affidavits are supporting evidence officially required by USCIS. They don't say "Do not bring letters. We want hard evidence."  See below:

 

Instruction for Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary, Section General Requirements, item no. 5.A, page 7:  NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: 

 

(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage;

Says who? They are listed as one form of evidence that you can provide. Nowhere does it say they are required. Reread what you quoted..."should" and "one or more" are crucial. It does not mean you have to provide one of each form of evidence.

No, they don't say they want hard / verifiable evidence. Yes, they still want hard / verifiable evidence.

 

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Instruction for Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary, Section General Requirements, item no. 5.A, page 7:  NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: 

(6) Any other relevant documentation to establish that there is an ongoing marital union.

 

Pictures and videos are extremely relevant to establish that there is an ongoing marital union. There are about 13500 files of us together in the past 2 years - the files contain dates and time, GPS and other metadata locations that can be extracted. 

Photos and such are perfectly fine to include. But nowhere does that say "explicit content" as claimed.

You sent 13,500 files? Weird since they can't receive any files...they only accept documents with a physical form.

Weird that they would say you had no evidence and that was it if you provided so many images. It's not weird that they wouldn't look through all that (how much did that cost to send???), but weird that they would just say there was no evidence.

 

50 minutes ago, Farrah Lawson said:

Excuse me, are you IRS staff? If you are, then it must be a huge discrepancy here. The IRS cleary instructed us what to do and what not to do.

"you still have to put your spouse name on your taxes since you're married and you're not eligible to file as single." - I am to the full extent eligible to file taxes as single. Clear instructions from IRS. Nothing wrong, nothing illegal (I did not "skipped the law").

Nobody who is currently married (and not separated) on the last day of the filing year can properly file as single. It's just not a valid option. It makes no sense to be married and file as single.

One can always write NRA on the tax return for the spouse's SSN/ITIN and do MFS. This is listed in the 1040 instructions.

Or they can apply for an ITIN.

 

39 minutes ago, Farrah Lawson said:

The phone conversation was on speaker and recorded (voice memo in our phones - shared afterwards through AirDrop).

FYI, Florida is a dual consent state regarding wiretapping laws. I'm assuming you informed them that you were recording the conversation before proceeding.

Edited May 17, 2018 by geowrian

[Farrah Lawson 9]

39 minutes ago, A&H2018 said:

Your spouse resides in the USA, but works on a visitor visa and not a work visa? Your spouse gets paid in europe but resides in the usa and pays no taxes in the usa?

 

huh? 

 

Or do you mean earlier this year before your spouse came to the usa?

My spouse does not resides officially in the US. My spouse entered the US on a temporary basis (non-immigrant visa) and now there is the intention of residing in the country on a permanent basis. That is why we filed concurrenlty with USCIS. We want legal residence. 

My spouse does not work on a visitor visa. My spouse is on vacation and stays with me. The last wage was processsd 7 months ago. Until we get a final USCIS decision my spouse will not resume work with the company in Europe and will not work in the US as there is no EAD issued.

[Mr.Jose 64]

2 hours ago, Farrah Lawson said:

I'm sorry, maybe you could pay more attention before replying.

1. The IRS instructed my spouse to NOT file taxes. 

2. My spouse has not received anything from USCIS. There is no EAD issued or anything else. 

Maybe you could pay more attention to advice given and start accepting criticism. 

 

Plain and simple, your arrogance will get you nowhere, and if you talk like this to USCIS or IRS, I would question your behavior as well.

Edited May 17, 2018 by Mr.Bob

[NikLR 13,227]

Good lord... TLDR.

 

A) a bank can add a foreign spouse.  There is a form called a w8-ben that is used to add a non-resident alien to an account.  I used it to be added to my husband's USAA account and later to open my own account while still living in Canada. 

 

B) I dont care what some random on the phone told you regarding taxes. The IRS website and the 1040 instructions tells you how to file. 

 

C) the USCIS will not look at any digital media.  Sending them over 13000 photos means not a single photo was looked at.  Also no one, especially not the USCIS, cares about your explicit content photos.   Unless you run a porn site, keep that stuff private. 

 

D) when you filed AOS your spouse was no longer a visitor.  She was a foreign alien with authorized stay.  Did she enter the USA with the intent to adjust her status? Why did you guys not seek a K1 or CR1/IR1 Visa? Was the stay spontaneous?

 

D) obviously your lawyer didnt help you as you seemed to have brought all of your evidence to interview vs sending it with the AOS package.  Your wife can refile after getting the denial letter.  I suggest reading this forum, guides, and wiki to help you next time. 

 

[Farrah Lawson 9]

17 minutes ago, geowrian said:

Correct. They are one form of evidence.

Commingling of finances is one part of showing a bona fide marriage. It is not the only way, neither is it a requirement. When you get the official denial or a NOID, it will list other reasons for the refusal.

 

Why change anything? Get a new account at another bank if they won't cooperate and use that for joint expenses. It certainly seems a lot simpler and easier than arguing with somebody who has decision making power over your spouse's ability to live in the same country with you.

 

ITIN works just as well for background checks, credit checks, bad-tenant checks, etc. However, I still highly doubt an SSN is required as there are many legal immigrants who come to the US (including Florida) and don't have an SSN yet but rent just fine. Most immigrants don't have an SSN before entering the US.

Also, usually a larger (multi-month) security deposit can be substituted for credit checks.

 

Says who? They are listed as one form of evidence that you can provide. Nowhere does it say they are required. Reread what you quoted..."should" and "one or more" are crucial. It does not mean you have to provide one of each form of evidence.

No, they don't say they want hard / verifiable evidence. Yes, they still want hard / verifiable evidence.

 

Photos and such are perfectly fine to include. But nowhere does that say "explicit content" as claimed.

You sent 13,500 files? Weird since they can't receive any files...they only accept documents with a physical form.

Weird that they would say you had no evidence and that was it if you provided so many images. It's not weird that they wouldn't look through all that (how much did that cost to send???), but weird that they would just say there was no evidence.

 

Nobody who is currently married (and not separated) on the last day of the filing year can properly file as single. It's just not a valid option. It makes no sense to be married and file as single.

One can always write NRA on the tax return for the spouse's SSN/ITIN and do MFS. This is listed in the 1040 instructions.

Or they can apply for an ITIN.

 

FYI, Florida is a dual consent state regarding wiretapping laws. I'm assuming you informed them that you were recording the conversation before proceeding.

Commingling of finances is one part of showing a bona fide marriage. It is not the only way, neither is it a requirement. 

Answer: We have little information about this aspect. We will try to get more information. Thank you.

 

 

Why change anything? Get a new account at another bank if they won't cooperate and use that for joint expenses. It certainly seems a lot simpler and easier than arguing with somebody who has decision making power over your spouse's ability to live in the same country with you. 

Answer: I guess we will have to find out if there is a minimum balance required or that would make USCIS happy? If the USCIS worker is not happy with the balance, we will highly likely hear again "I don’t see any proof of a real marriage. I will see you out now.” 

 

ITIN works just as well for background checks, credit checks, bad-tenant checks, etc." "Also, usually a larger (multi-month) security deposit can be substituted for credit checks. 

Answer: We will check that. Thank you again.

 

However, I still highly doubt an SSN is required as there are many legal immigrants who come to the US (including Florida) and don't have an SSN yet but rent just fine. Most immigrants don't have an SSN before entering the US. 

Answer:  As I previously stated, my spouse did not come into the US as an immigrant. My spouse was inspected and admitted as visitor (B-2) at the last arrival in the US. 

 

We currently stay at a hotel and at our family members who witnessed and have direct personal knowledge of the bona fides of our marital relationship and many other events and circumstances in our life together. These relatives are US citizens and they are not parties to the immigration benefit sought.

However, why should we get a lease showing joint tenancy of a common residence when my family always welcomes us to stay at their places as long as we want? Until we get a final decision from USCIS, we don't see the point of getting such lease since there are 9 houses available in the US (FL, CA, MA, MN, NV) for us at any time. When we have the appointments at the hospital, they take care of our dog. We also use their cars. USCIS cannot tell anyone what to rent and what to not rent. We have everything we need right now as the family supports us so much. We do not need to rent anything really.  

I know plenty of married and unmarried couples (US citizens) that don't have a lease showing joint tenancy. My sister and cousin are part of them. They have been living together with their chilrdren for 21-26 years now and the houses or the lease are not on both spouses' names.

That doesn't mean that there is no poof of a common residence, that they are not always living at the same address together.  

 

 

 

Photos and such are perfectly fine to include. But nowhere does that say "explicit content" as claimed.

You sent 13,500 files? Weird since they can't receive any files...they only accept documents with a physical form.

Weird that they would say you had no evidence and that was it if you provided so many images. It's not weird that they wouldn't look through all that (how much did that cost to send???), but weird that they would just say there was no evidence.

 

Answer: Explicit content shows without doubt or question that there is an ongoing marital status. Holding hands and smiling in a picture doesn't really show that, right?

We did not sent 13,500 files. We had them available for the interview on usb flash drive, dvd and we also brought our laptops and phones of course. The USCIS worker refused to look at them, any of them (not even wedding pictures).

Her saying that she didn't see "any proof of a real marriage" but declining to accept any of the new documents we brought at the interview (documents required as per Interview Notice) or items (photos, videos, keys from the houses, car keys, hotel room key cards and the letter from the Manager,records of written and oral communication - plenty of voice memos and videos) is very weird.

 

 

Nobody who is currently married (and not separated) on the last day of the filing year can properly file as single. It's just not a valid option. It makes no sense to be married and file as single.

One can always write NRA on the tax return for the spouse's SSN/ITIN and do MFS. This is listed in the 1040 instructions.

Or they can apply for an ITIN.

Answer: The IRS mentioned these things and their instructions were not to file as married couple nor anything on his name as he was just a tourist in the US without any current income (only savings).

 

 

FYI, Florida is a dual consent state regarding wiretapping laws. I'm assuming you informed them that you were recording the conversation before proceeding.

Answer: We were in MN when we called the IRS. Even if we were in FL at that time, I would still have had recorded the entire thing. I record almost everything (that is the reason for which we have over 1,800 explicit content videos). I record even insignificant stuff (when our dog goes outside so we can assess her poop - she's a puppy and has some medical issues). 

 

 

[Going through 5,671]

Lots of issues with how you sent your first package off, based on your original post.

 

It's frustrating to have a failed interview...however, going forward, your energy would be better spent putting together a solid package for when you refile, rather than becoming frustrated at members trying to help you/explain things.  Research the guides here, and look up older threads to see the mountain of evidence that is normally submitted with a AOS package.

 

Also, get your previous taxes amended---filing single will come back to bite you (and her) further down the road.

[Bzlibem 111]

I know for sure that Bank of America allows adding an alien co owner to the account, even if one’s a visitor. Also, some smaller credit unions allow it too. They have never asked me for SSN and just scanned my passport. 

You could’ve applied for ITIN to file MFJ with your spouse. It takes longer but it’s worth it. Makes it easier for the alien spouse in the US before they get a SSN. 

Also, it doesn’t hurt to add a whole bunch of secondary evidence, like for example some family membership cards (wholesale stores, Walgreens prescription card, etc). 

It just seems like USCIS wants to see an effort. For sure it’s better to take your time before filling and front load your AOS application.

best of luck to you. Don’t give up 

[Going through 5,671]

7 minutes ago, Farrah Lawson said:

We did not sent 13,500 files. We had them available for the interview on usb flash drive, dvd and we also brought our laptops and phones of course. The USCIS worker refused to look at them, any of them (not even wedding pictures).

Her saying that she didn't see "any proof of a real marriage" but declining to accept any of the new documents we brought at the interview (documents required as per Interview Notice) or items (photos, videos, keys from the houses, car keys, hotel room key cards and the letter from the Manager,records of written and oral communication - plenty of voice memos and videos) is very weird.

USCIS likes to see hard proof on hard paper.  Hard proof is tax returns (where she is listed as a spouse), bank statements, bill statements, hard copies of photos (not flash drives/videos) etc.  They are not prone to inserting someone's flash drive into their computers to seek out evidence, or look at copies of house keys and car keys as "evidence".

Edited May 17, 2018 by Going through

[NikLR 13,227]

My husband works for the government.  He can be fired for putting an unknown USB device in a work computer (one of the few reasons he can be fired to be honest.) He has to use his security keycard to even make his computer operate!  They track every keystroke.  (Sounds like something the OP would do as well since they record everything... )

Edited May 17, 2018 by NikLR

[cyclone27 710]

You file as Married From Filing Seperate add your spouse’s name and hand write NRA (Non Resident Alien).    You will have to submit a paper return but you definitively have to filed married if you are married. I did so with my wife when she did not live here when we were waiting on her CR1.

 

This website is a DYI so you will find most here successfully handled their own immigration matters themselves without any immigration lawyers involved.

 

Few suggestions to bolster your case:

 

Mutual  Estate Wills

Mutual Power of Attorneys

Mutual Living Wills

 

 

[Going through 5,671]

Just now, NikLR said:

My husband works for the government.  He can be fired for putting an unknown USB device in a work computer (one of the few reasons he can be fired to be honest.) He has to use his security keycard to even make his computer operate!  They track every keystroke. 

That's a good point, too.  

Plus, considering the OP stated the flash drive contains explicit content, would be even worse for the officer if he/she opens it on their work computer.

[NikLR 13,227]

Just now, Going through said:

That's a good point, too.  

Plus, considering the OP stated the flash drive contains explicit content, would be even worse for the officer if he/she opens it on their work computer.

Yup! Even looking at explicit content (which btw does not show a genuine relationship) on the OP's phone or laptop can cause them to be fired.  I don't blame the IO for not looking!!

[cyclone27 710]

Explicit content just means you had relations - certainly only proves that. It certainly doesn’t prove or disprove the validity of a marriage. 

 

Def accessing foreign content on a work computer is prohibited not just in govt systems but also on private companies for  legitimate Infosec reasons.

[Cyberfx1024 7,980]

1 hour ago, Farrah Lawson said:

Answer: Explicit content shows without doubt or question that there is an ongoing marital status. Holding hands and smiling in a picture doesn't really show that, right?

We did not sent 13,500 files. We had them available for the interview on usb flash drive, dvd and we also brought our laptops and phones of course. The USCIS worker refused to look at them, any of them (not even wedding pictures).

Her saying that she didn't see "any proof of a real marriage" but declining to accept any of the new documents we brought at the interview (documents required as per Interview Notice) or items (photos, videos, keys from the houses, car keys, hotel room key cards and the letter from the Manager,records of written and oral communication - plenty of voice memos and videos) is very weird.

 

 

This is a common misconception among people that the USCIS accepts any kind of electronic device either at the NVC, Embassy, or a field office. This is because that field agent does not know what's on the flash drive, dvd, phones, or laptops. You could have a virus on your equipment that is now directly on the network if they plugged it in to their computer. Did you have physical wedding pictures or electronic ones? It sounds like you brought everything electronically and nothing physical but car/room keys. This is a big no no and you should have known this if you went with a lawyer.

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

[Cyberfx1024 7,980]

1 hour ago, NikLR said:

My husband works for the government.  He can be fired for putting an unknown USB device in a work computer (one of the few reasons he can be fired to be honest.) He has to use his security keycard to even make his computer operate!  They track every keystroke.  (Sounds like something the OP would do as well since they record everything... )

You correct about this and a lot of times it is flagged whenever someone tries to plug a USB device onto the computer. This can and does result in a write up, suspension, and/or termination.