Removal of Conditions: Combined assets only recently and long after marriage.

[Eric The Wait 40]

I am US Citizen. My wife came May 26, 2016 on K1 Visa. We were married June 1, 2016. She received conditional Green Card on Feb 9, 2017. Did AOS interview and no problems there.

Removal of Conditions is coming up and I am very very worried our circumstances present a problem.

We do not have any evidence of joint bank accounts or assests until early 2018. 

I did put her on my health insurance which I pay for in January of 2017. My wife does not drive so she is not on any car insurance.

My wife does not work.

We did file joint tax returns for 2016 and 2017.

We moved to new hourse in April 2017. My wife came with substantial cash assets and bought the house outright with no mortgage in April 2017. We never added her to deed to my old house because I fell behind on mortgage and went into default. I walked away from old house financially when we moved in April of 2017 to new house my wife bought.

When my wife came my business was struggling and fear of lawsuits on my debts and impending deault on my house forced us to avoid commingling assets. Eventually, I went through bankruptcy, filed July 2017 and finished in late 2017. (My income never was close to falling below 125% poverty level so no problem there and my wife would qualify on her own cash assets anyway.) (Only I filed bankruptcy, which is allowed, even though married. The bankruptcy was completely fine and approved.) 

With the bankruptcy done and debts wiped out, we then began to combine assets.in early 2018. She added me to the house deed in March 2018. I added her to my checking and savings as a joint account holder in March, 2018. The homeowners insurance is now in both our names.

We have a real bona fide loving relationship and lived together the entire time. My concern is that the financial paperwork does not show co-mingling from June 1, 2016 when we were married until early 2018 when Bankruptcy was done. The only joint financial thing during that period was the joint tax returns for 2016 and 2017 as married couple. I am really quite concerned that this scenario is going to lead to questions about the bona fides of the marrage and I would appreciate whether those experienced agree this is a big problem and how I might address the issues. 

Thank very much and sorry this was a bit long but wanted to give good snapshot of the situation. 

Edited July 10, 2018 by Eric The Wait
Typo

[Sunnyland 639]

Do you have utility bills on her name (sharing a common address obviously) or under both names?  Credit cards statements letters showing both names?

Before we started the ROC, a few years ago, my husband put my name to the power bills and cable company bill, etc. Not all the utility companies allowed him to add me or change the name on the bill.

Since we had pets we also added the different billing letters (from a varied range of dates) from the pet clinic showing our names as owners of the pets.

Talking about desperate, I also added my Walgreens pharmacy prescriptions receipts that showed my name and address. I collected these before ROC so I could use them for ROC and also citizenship. 

From now on, you and your wife will have to start collecting anything that will have both or her name. In case she does citizenship later on based on marriage.

 

Edit:  Is she does not drive, she can get at least an State ID at her local DMV. Or get her a learner permit at least. 

Edited July 10, 2018 by Sunnyland

[Eric The Wait 40]

I really created a problem here. I thought the Joint Tax Returns would be enough. And I see it is not. 

We don't have any joint accounts until 2018. When we moved in 2017 some of the utilities on the new house were set up in her name and some in my name. But nothing joint. 

I think we are going to get denied which is a nightmare. How can I address this?

[geowrian 22,337]

Joint tax returns are pretty minimal in terms of a bona fide relationship. Scammers could easily do a joint return.

The evidence of living together (at both addresses) is an important piece of the puzzle. You don't need to have each other on a lease or mortgage or utilities...showing that you both lived there and were both responsible for them would be beneficial.

Denials for ROC are rare, and even then you won't face actually losing status unless an immigration judge determines to do so. It does sound like you may have a few issues with some documentation, but it doesn't jump out as a case that would ultimately be denied.

You can't undo the past, but gather what you can and establish the items you can now and go with it. And take a breath...don't get overly worried. Just send what you do have.

[Sunnyland 639]

Exactly. Start working on stuffs. Do not overthink this too much. 

[Eric The Wait 40]

Thanks Geowrian and Sunnyland. 

There is just no paper trail for us until I came out of the bankruptcy. Everything was kept separate. On the old house everything was in my name and I paid all the bills. 

We can show co-mingling but not until 2018. I saw someone got an RFE for something similar. If we get an RFE I will have nothing new to send in and then they could deny for not sending an RFE response. I obviously I will respond, but I will have already sent everything we have. 

I really appreciate you taking the time to respond. I just can't think of any way to address that gap when were keeping everything financial separate.

We have some photos. 

If we get and RFE and they are not satisfied, what happens then?   

[Jameson78 32]

1 hour ago, Eric The Wait said:

Thanks Geowrian and Sunnyland. 

There is just no paper trail for us until I came out of the bankruptcy. Everything was kept separate. On the old house everything was in my name and I paid all the bills. 

We can show co-mingling but not until 2018. I saw someone got an RFE for something similar. If we get an RFE I will have nothing new to send in and then they could deny for not sending an RFE response. I obviously I will respond, but I will have already sent everything we have. 

I really appreciate you taking the time to respond. I just can't think of any way to address that gap when were keeping everything financial separate.

We have some photos. 

If we get and RFE and they are not satisfied, what happens then?   

Worst case, if you didn't have enough financial evidence, they would bring you both in for an interview. You'd pass the interview, because you have a legitimate relationship and it's obvious if two people don't actually know each other or are family friends pretending to be married for immigration benefits, like  Russians/Armenians in LA, for example. Case closed. You'll be fine.

Edited July 10, 2018 by Jameson78

[geowrian 22,337]

1 minute ago, Jameson78 said:

like  Russians/Armenians in LA

[Jameson78 32]

4 minutes ago, geowrian said:

That bit was a joke, obviously (although I know it's widespread there in particular). But to the OP's point, you are actually allowed to get married and bring your wife or husband over without combining so much as a Costco card, if you so desire. They'd interview you, but you'd pass it it you had a legit relationship. The financial documents are them looking for a heuristic to approve people without the time and cost of doing interviews. They're not the actual legal criteria as to whether you can bring your foreign spouse. Chill balls.

[PaddyGirl13 75]

4 minutes ago, Jameson78 said:

That bit was a joke, obviously (although I know it's widespread there in particular). But to the OP's point, you are actually allowed to get married and bring your wife or husband over without combining so much as a Costco card, if you so desire. They'd interview you, but you'd pass it it you had a legit relationship. The financial documents are them looking for a heuristic to approve people without the time and cost of doing interviews. They're not the actual legal criteria as to whether you can bring your foreign spouse. Chill balls.

This....When asked at our interview about combined finances, we told the officer we have seperate accounts and each pay half the bills. We were both married before and got stung by previous spouses so like to keep control of our own money. The officer was quite happy with this response, even smiled. We did have joint taxes and a lease on a house together, but that was it. Each of our insurance policies is for our children, we both have kids from previous relationships. 

[Sukie 1,460]

Please don't sweat over this.  MANY couples do not combine finances for a myriad of reasons.  When you send your packet in, send what you have, but send the explanation you have given to us.  They will understand your fears of liability with the bankruptcy.  Your explanation is very detailed and makes perfect sense.  And the fact that you have started to combine things now is great.  Just keep collecting your documentation after you send the initial ROC package so you can add to the package if you need to.

 

Best of luck.  You will be FINE!

 

Sukie in NY

[Eric The Wait 40]

Jameson78: Very much appreciate your response. It makes sense. What's the legal criteria for proof of bona-fide relationship? If the biggest downside to thin documentation is an interview then all is well. We're a couple in our 50's who like to sit on our patio or watch Masterpiece Theatre Mysteries. I think we can successfully convey to the interviewer that my wife didn't engage in a sham marriage for that!!!  Thanks for the chill advice.

PattyGirl13: Thank you for sharing your experience.

Sukie: Thank you so much for taking the time to talk me out of the freak out zone!!! Great advice to collect items to send if they ask for more. And, you're right...I've already got my cover letter half written!!! We very much appreciate the clear headed encouragement. 

 

[Sukie 1,460]

21 minutes ago, Eric The Wait said:

Jameson78: Very much appreciate your response. It makes sense. What's the legal criteria for proof of bona-fide relationship? If the biggest downside to thin documentation is an interview then all is well. We're a couple in our 50's who like to sit on our patio or watch Masterpiece Theatre Mysteries. I think we can successfully convey to the interviewer that my wife didn't engage in a sham marriage for that!!!  Thanks for the chill advice.

PattyGirl13: Thank you for sharing your experience.

Sukie: Thank you so much for taking the time to talk me out of the freak out zone!!! Great advice to collect items to send if they ask for more. And, you're right...I've already got my cover letter half written!!! We very much appreciate the clear headed encouragement. 

 

We are in our 60s going through the process.  Those of us who are "mature" have had varied experiences in life.  They get that.

 

Glad you could be talked down!

 

Sukie in NY

[Name O Boy 511]

You are stressing too much. If you have something you have it if you don't have then simply you don't have it. Just send whatever evidence you have. In a worst-case scenario, they will schedule you for an interview. Denial is never that straightforward. It goes through a procedure of RFE and interview. You will be fine I am very positive, best wishes. 

[me55592a 8]

A month before we applied for roc we created a will for both, power of attorney and health care proxies. I added my wife as a non driver to my car insurance and she got approved.