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

[Bfree3 132]

Maybe all the op wanted was to have a good debate today and brag about their European properties and water crafts and motorcycle and how they’ll never bow to the system. 

 

Fyi no one is asking you to buy a house or a car. If you own property in Europe with both your names, why not show those items.. it shows co-mingling. Anything that can tie you to your spouse is what counts. And PRINT these things out, don’t think that anyone will bow to you just because you think you know how the system works (which clearly you have no clue). I was able to be added to my husbands Wells Fargo acct without an SSN quite easily and the bank even drafted a letter for us for free showing both our names on the acct. we sent in photos and affidavits, no lease.

 

”it could all be so simple, but you’d rather make it hard” 

[moosy 139]

I agree with the decision made in this case. It just sounds iffy, so if I were them, I would not have approved it either.

 

However, I'm in a situation myself wherein it does not make sense to get joint accounts (yet) as my husband has remaining debt, and the creditors have the ability to take any money on possible joint accounts. I have been trying to "solve" his debt (as in, getting it diminished so we can actually pay it), so we can at least get a joint checking account with a little bit of money on it (for fuel or smt).  We also do not have many pics together because we just don't do many selfies. I might need to change that as well, so we at least have a few nice pictures of us together. We did not have a wedding party or even a dinner (just the two of us), and now I am thinking that might be a mistake. But it is just not "us".

 

We do have dental and health together, car insurance, I have a lot of proof that I negotiated his health bills after his (small) surgery, and of course I filed as married jointly for my husband and I, as I did not have any US income but wanted to document that for them as well. (and of course I documented I have foreign income, as they expect), changed my last name after marriage.

Plenty of secondary evidence as well, such as getting a second hand car at his uncle's garage, going to the same stores, paying for groceries and some of his work tools (we both use my card, but it only has my name on it; see reason above), etc, but I assume that means nothing.

I am not on the lease, but I could ask the owner to put me on there (did not consider that would be possible, tbh).

 

Thank you all for responding to this topic.

 

At least you gave ME some insight into just getting some of this done after all, even if we do lose a small amount of money to the creditors, or even if we do feel awkward taking selfies. Might be worth it.  So not a waste of time.

I need to re-think the way I am handling this to see how it looks to other people, even if it means doing a few things we are not fully comfortable with.

A few extra selfies, get a joint checking account, ask to be put on the lease officially.

 

I have been too focused on the fact that our marriage is real, and that they would just see that magically. haha.

 

I'm weirded out by the affidavits, but I guess I should do that after all. It just feels useless. I might focus on the rest instead of having to ask other people to tell strangers that we are a couple. That is weird AF. 

[Going through 5,671]

 

7 minutes ago, Farrah Lawson said:

My spouse is the beneficiary of my life insurance, there are joint credit cards and many other proof of a legitimate / real / valid marriage.

You also thought earlier that showing your house keys, car keys, and explicit photos was proof of a bonafide marriage.

 

You are going to have to bite the bullet and present real concrete evidence to them if you hope of ever getting an approval.  Main evidence they want to see is financial co-mingling as explained before.  Joint credit cards and life insurance are good, but not enough to stand on their own.

[RLA 323]

30 minutes ago, Farrah Lawson said:

I will not buy a house nor cars just to please some USCIS worker.

I get that you are pissed at the USCIS officer, but what are your options now? 

1. Get some joint asset to "please" the USCIS. 
2. Re-apply with the same evidence as before, and likely get denied again. 
3. Play it on hard mode and get a high-class specialized lawyer. 
4. Give up and go back to Europe. 

Buying some joint asset sounds like one of the better options to me, but in the end it's your call. 

 

30 minutes ago, Farrah Lawson said:

I made a decision long time ago about not having properties in this country anymore. It is my right and I will not reverse that because USCIS might like it.

I see you are a man of principles.  So it's just options 2-4 for you.  Take your pick.  Good luck. 

Edited May 17, 2018 by RLA
typo

[Farrah Lawson 9]

16 minutes ago, Going through said:

Perhaps affidavits from family members will help showing you live together as a married couple, how long you stay with each of them, etc.

We had those affidavits and the USCIS worker refused to consider them. She did not touch them. She did not read them.

She insisted on property documents, joint bank accounts, a lease, and taxes filed together.

We tried to explain why  there are no properties and a lease, she said "I don’t see any proof of a real marriage”. “Okay, I will see you out now.”  and kicked us out.

 

[payxibka 10,045]

2 minutes ago, Farrah Lawson said:

We had those affidavits and the USCIS worker refused to consider them. She did not touch them. She did not read them.

She insisted on property documents, joint bank accounts, a lease, and taxes filed together.

We tried to explain why  there are no properties and a lease, she said "I don’t see any proof of a real marriage”. “Okay, I will see you out now.”  and kicked us out.

 

It is not solely about a bonafide marriage but a bonafide marriage and proof that you intend to RESIDE in the USA which you have failed to demonstrate

[Roel 7,192]

2 minutes ago, Farrah Lawson said:

We had those affidavits and the USCIS worker refused to consider them. She did not touch them. She did not read them.

She insisted on property documents, joint bank accounts, a lease, and taxes filed together.

 

 

Then get a joint account. Even its not convenient for you.

Then get a joint lease.

Amend your taxes as MARRIED and put your wife's name on it.

 

Done!

[Going through 5,671]

12 minutes ago, Farrah Lawson said:

We had those affidavits and the USCIS worker refused to consider them. She did not touch them. She did not read them.

She insisted on property documents, joint bank accounts, a lease, and taxes filed together.

We tried to explain why  there are no properties and a lease, she said "I don’t see any proof of a real marriage”. “Okay, I will see you out now.”  and kicked us out.

 

What was your exact explanation to her as to why?   Might give some insight as to why she escorted you out so quickly.

 

Btw---when I made the suggestion about affidavits, I meant during your second AOS filing, along with the financial proof...not just affidavits on their own.

Edited May 17, 2018 by Going through

[mrmvkjts 459]

My husband has a serious health issue as well and was able to put my name on the bank account even before we were married( and even thinking about marriage) that I can access and operate the account in case something happens to him....it is possible...so just do it, or refuse to do it but then do not complain afterwards...

 

Affadavits of family members or friends do mean little to nothing if you already  seem to not have a bona fide relationship or even the intent of residing in the us whatsoever

Edited May 17, 2018 by mrmvkjts

[javadown2 308]

1 hour ago, Farrah Lawson said:

cyberfx1024  thank you for your reply to our comment.

 

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.

Answer:  Do you really think that the US Governement is afraid to use an usb flash drive received during an official meeting?

Firstly, the authorities do not use their main network for non-internal unsecured devices. Those computers are locked down or the USB ports are disabled. There are removable media use policies in place and designated workstations. I have worked for different private companies that had this type of systems in place. I believe that the federal governement is ahead of most private companies.

We think too much of these "threats". It happens when we watch many espionage movies. 

 

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.

Answer: We had digital files, no printouts. The USCIS worker did not want to see anything anyway and we asked if we could submit printed pictures and she said no. The documents required at the interview (as per Form I-797C, Notice of Action - Request for applicant to appear for interview ) were not received. The lady declined to accept all the documents listed by the Interview Notice. She seemed very annoyed by the fact that we did not submit documentation regarding joint assets or liabilities. She specifically asked for property documents, joint bank accounts, a lease showing joint tenancy of a common residence and taxes filed together. She didn't want to hear anything else. She wouldn't listen to anything we had to say. She rejected as useless all the other documentation that we had, as if it was unworthy of acceptance, of no value, completely worthless, NIL.

 

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

Answer: The pictures would be the only thing done differently - printouts, not digital files. That would be at the interview anyway. The new "whole packet" would be exactly the same as the initial one. We will not have joint assets. 

 

Obviously the OP is trolling and not listening to advice. From the moment I read HER post it was apparent that she was just venting and mad because her application for AOS got rejected (for good reason). 

 

It is becoming appear-ant that the poster is TROLLING the good folks on VisaJourney?

 

Also, it doesn't matter if you "think" that your evidence is sufficient and that it isn't "required" to have the hard evidence of a joint bank account, tax returns and a lease agreement, mail...etc. It's what the INTERVIEWER deems important that counts...and clearly you have to REDO your application with what is the BEST EVIDENCE. Why are you so stubborn? 

 

You are dead wrong on your taxes and non one will tell you that you can file as "single" if you are married. Your husband is NOT here on vacation, if that is the case then you are in the avenue of visa fraud. He is clearly here to become a legal resident and should be treated that way, not on a vacation. So i'm guessing he has been getting vacation pay and this is why you don't want to claim in on your taxes?

Edited May 17, 2018 by javadown2

[Ash.1101 1,756]

8 minutes ago, javadown2 said:

Obviously the OP is trolling and not listening to advice. From the moment I read HER post it was apparent that she was just venting and mad because her application for AOS got rejected (for good reason). 

 

Why does this poster seemed to be TROLLING the good folks on VisaJourney?

 

Also, it doesn't matter if you "think" that your evidence is sufficient and that it isn't "required" to have the hard evidence of a joint bank account, tax returns and a lease agreement, mail...etc. It's what the INTERVIEWER deems important that counts...and clearly you have to REDO your application with what is the BEST EVIDENCE. Why are you so stubborn? 

 

You are dead wrong on your taxes and non one will tell you that you can file as "single" if you are married. Your husband is NOT here on vacation, if that is the case then you are in the avenue of visa fraud. He is clearly here to become a legal resident and should be treated that way, not on a vacation. So i'm guessing he has been getting vacation pay and this is why you don't want to claim in on your taxes?

Honestly I think this is a case of just wanting the spouse (still not sure if it’s a husband or wife) to be in the US while the OP goes through medical.

 

thats what visiting is for, not a green card. In reality, neither the OP or the spouse have intentions of residing in the US. They’re only there because the OP is receiving medical care. 

 

green cards are intent to reside, there is no intention of staying past the medical care being done.

 

marriage alone does not mean your spouse qualifies for a green card. Being married and being inside of the US does not qualify your spouse for a green card.

 

A true relationship(which you may have), intent to stay in the US (without any restrictions such as “until medical is done!”), commingling of finances, having a physical home, lease/mortgage and place for the spouse to live (a hotel does not count, couch surfing does not count) MAY qualify you for a green card.

Edited May 17, 2018 by Ash.1101

[RLA 323]

8 minutes ago, javadown2 said:

It is becoming appear-ant that the poster is TROLLING the good folks on VisaJourney?

Eh, playing with a troll can be fun ... for a while. 

[arken 4,197]

I believe the OP just wanted to hear “yes, whatever you submitted were very very good and clearly sufficient and USCIS definitely made a mistake by denying your case”.

 

[sparkles_ 456]

I'll second what someone asked before but didn't get a reply...... what is the age difference between you and your spouse, please?

 

Listen, as much as you want things to go by the rules, there are no hard/fast rulings for USCIS. IOs have a good bit of freedom when it comes to denying or approving. Our lawyer actually told my husband and I that we were lucky we didn't have a 'looks disparity', and matched well in that department......she said little things like this can be the tipping point into denial for the right one.

Edited May 17, 2018 by sparkles_

[Ash.1101 1,756]

3 minutes ago, sparkles_ said:

I'll second what someone asked before but didn't get a reply...... what is the age difference between you and your spouse, please?

 

Listen, as much as you want things to go by the rules, there are no hard/fast rulings for USCIS. IOs have a good bit of freedom when it comes to denying or approving. Our lawyer actually told my husband and I that we were lucky we didn't have a 'looks disparity', and matched well in that department......she said little things like this can be the tipping point into denial for the right one.

 

 

Super true! People tend to just think “well i know we’re real so that’s all that matters!”

 

some couples  don’t actually LOOK like they should be together and that does affect these things. Again, you’re at the mercy of the opinion of the officer

 

 

 

but I will stress that they can’t send a NOID that says “I don’t think they looked legit”, it has to have a real coded reason. They can’t just deny you because they don’t believe your relationship, but they can deny you based off proofs that you did or did not provide to them at the interview.

 

its like with a job. An elderly person has an interview for a fast paced job, the job isn’t going to say “well You’re too slow and old” they’re simply going to say “found a better candidate”

 

in your case it won’t be “I don’t think they’re real!” It will be “applicant didn’t file joint taxes while married, applicants spouse does not have a US residence, applicant does not have SUFFICENT financial ties” etc.