AOS Interview document

[Jun2580 27]

I am on F1 working on OPT, and I got married to my 3+ year partner. We have been married for over a year now, so we have been together for almost 4-5 years.

We recently applied for AOS and we should be getting an interview soon. I am taking my lawyer with me too.

 

Now, I have a question about documents I should take with us to the interview as evidence. After marriage, except for the first month, we have been living together. (I had to move to a different state for my job, so we lived in different states for a month until he moved in with me).

We have lease rental agreement. He is covered in my car insurance, and insurance from the company I work for too. All insurance cards I have list both of our names as spouses. but I am concerned about our joint bank account.

 

We both have our own bank account for checking, and we have a joint saving account. But he is type of person who lives paycheck to paycheck, so he doesn't really put money in the saving account. I, myself, am completely opposite and I don't spend much money, but only on necessities. But my mom spent a ton of money on my education in the US, so I need to pay her back first. So I am saving all my money in my own checking account. I sometimes put money in the saving account too, but when I do that, my husband spends it without thinking. He has this bad habit of spending money even when he is broke. So I personally don't put much money in the joint saving account. Right now, the balance in the saving account is less than $100. There used to be a lot more, but 80-90% of it was spent by him.

 

So even though we do have a joint saving bank account, neither of us really contributes to it. (My husband makes little money and lives paycheck to paycheck, plus he has a habit of over-spending. And I have to save money for mom to pay her back, and also I dont want that saved money spent by him if I put the money in the saving account). In cases like this, I don't think we can submit this document as "joint bank account" because our assets/incomes are not really blended together.

 

Is this going to be a critical reason for our AOS interview to fail?

[Kiolas 103]

Hi Jun2580,

I suggest to bring to the interview all your statements of savings account. I understand your concern with low balance. However, the balance is not very important. It is not zero, which is a good thing. You can explain to the USCIS officer during the interview the situation if any questions arise. 

 

In addition, USCIS will look into the length of existence of the account. You can request from the bank the letter (if you have time before the interview). Ask the bank to specify when the account has been established and to list both of your names as account holders.

[Jun2580 27]

3 minutes ago, Kiolas said:

Hi Jun2580,

I suggest to bring to the interview all your statements of savings account. I understand your concern with low balance. However, the balance is not very important. It is not zero, which is a good thing. You can explain to the USCIS officer during the interview the situation if any questions arise. 

 

In addition, USCIS will look into the length of existence of the account. You can request from the bank the letter (if you have time before the interview). Ask the bank to specify when the account has been established and to list both of your names as account holders.

We created the bank account when he moved in, so it has been there for more than a year, just as long as our marriage minus the first month when we lived away from each other. 

Since then, we rarely put money in it, and when we did, it was mostly spent by him. 

 

So, not only is the balance pretty low, but also we don't really have many transactions with that account. (Mostly him withdrawing... and we both add like $50 - $300 occasionally). Should I still take it with us to the interview?

[Kiolas 103]

Jun2580,

Yes, definitely take the statements with you to the interview!

 

$50-$300 is not zero. It is a good amount of money. It is ok that there were not many transactions (by law, the savings account cannot have more than 6 withdrawals/month). 

 

You will be fine.

[geowrian 22,337]

I personally wouldn't focus on the bank account issue. The concern is raising awareness to poor spending habits and virtually no balance in the account may make them worry about the public charge concern. It's better, IMO, not to raise the issue just in case.

I would instead direct them towards bills of you living together - utility bills, rent/mortgage payments, insurance coverage / beneficiaries, etc.

[Jun2580 27]

3 minutes ago, geowrian said:

I personally wouldn't focus on the bank account issue. The concern is raising awareness to poor spending habits and virtually no balance in the account may make them worry about the public charge concern. It's better, IMO, not to raise the issue just in case.

I would instead direct them towards bills of you living together - utility bills, rent/mortgage payments, insurance coverage / beneficiaries, etc.

 

Do you think it is a good idea to bring my own checking account's history and current balance? I am the international spouse, but I have a better paying job than my husband, and I save 70% of my income, so I have a pretty good balance after only 1.5 years of working. I just want to show anything to prove that I am not financially low, and I don't need to rely on public charge. 

 

Yes I have kept all light/water/gas bills with both of our names on them each month, rent payment receipts I can print off the online portal website, and also the physical copy of the rental agreement with both of our names on it. Also car insurance and health insurance I have that list his name as well. Are these considered pretty good enough? I was thinking a joint bank account was a must, so I was freaking out.

 

[geowrian 22,337]

3 minutes ago, Jun2580 said:

Do you think it is a good idea to bring my own checking account's history and current balance? I am the international spouse, but I have a better paying job than my husband, and I save 70% of my income, so I have a pretty good balance after only 1.5 years of working. I just want to show anything to prove that I am not financially low, and I don't need to rely on public charge. 

I'd personally stick with just showing evidence that you are finally responsible for bills together. A seldom-used joint account doesn't really show financial commingling and could just raise more questions than answers, if you know what I mean. If the I-864 is sufficient already, barring evidence of them thinking you might be a public charge concern, it should be fine.

 

3 minutes ago, Jun2580 said:

Yes I have kept all light/water/gas bills with both of our names on them each month, rent payment receipts I can print off the online portal website, and also the physical copy of the rental agreement with both of our names on it. Also car insurance and health insurance I have that list his name as well. Are these considered pretty good enough? I was thinking a joint bank account was a must, so I was freaking out.

Nobody knows your entire case and what will be enough for the IO, but those are all very good things to have. I wouldn't be too concerned.

Best wishes!

[Jun2580 27]

I am actually using my own income from OPT for I864 purposes because my husband doesnt make enough. My lawyer said he can use my income... 

[geowrian 22,337]

5 minutes ago, Jun2580 said:

I am actually using my own income from OPT for I864 purposes because my husband doesnt make enough. My lawyer said he can use my income... 

Great. Yes, that can work for an I-864 (so long as the income continues form the same source upon getting green card).

[Jun2580 27]

54 minutes ago, geowrian said:

Great. Yes, that can work for an I-864 (so long as the income continues form the same source upon getting green card).

I know this leads to another question but what does "as long as the income continues from the same source" really mean?

I know I work on STEM OPT, and I am not quitting yet, but once I successfully obtain my green card, can I quit and get a different job? I want to move to a different state for a better paying job, but this "as long as the income continues from the same source" in I864 instruction scared me and I am forced to think I have to stay in this company forever.

[geowrian 22,337]

1 minute ago, Jun2580 said:

I know this leads to another question but what does "as long as the income continues from the same source" really mean?

I know I work on STEM OPT, and I am not quitting yet, but once I successfully obtain my green card, can I quit and get a different job? I want to move to a different state for a better paying job, but this "as long as the income continues from the same source" in I864 instruction scared me and I am forced to think I have to stay in this company forever. 

Yes, you can change jobs just fine. What that statement means is your employment is not likely to no longer be available after getting the green card. This typically applies to people overseas, although sometimes applies for people working in various statuses within the US (i.e. students on an F-1 working on campus).

[Jun2580 27]

2 minutes ago, geowrian said:

Yes, you can change jobs just fine. What that statement means is your employment is not likely to no longer be available after getting the green card. This typically applies to people overseas, although sometimes applies for people working in various statuses within the US (i.e. students on an F-1 working on campus).

How about OPT? I am on STEM OPT, and it does have an expiration. I started in January 2018, so my current OPT will end in January 2020, OR if I stay unemployed for more than 150 days. I hope this won't apply to "your employment is not likely to no longer be available after getting the GC"

[geowrian 22,337]

1 minute ago, Jun2580 said:

How about OPT? I am on STEM OPT, and it does have an expiration. I started in January 2018, so my current OPT will end in January 2020, OR if I stay unemployed for more than 150 days. I hope this won't apply to "your employment is not likely to no longer be available after getting the GC"

I've seen others with an OPT qualify fine. I guess it depends on the specific circumstances and it's a judgement call by the IO, but shouldn't be an issue.

[USC4SPOUSE 506]

On 8/7/2018 at 10:30 AM, Jun2580 said:

We created the bank account when he moved in, so it has been there for more than a year, just as long as our marriage minus the first month when we lived away from each other. 

Since then, we rarely put money in it, and when we did, it was mostly spent by him. 

 

So, not only is the balance pretty low, but also we don't really have many transactions with that account. (Mostly him withdrawing... and we both add like $50 - $300 occasionally). Should I still take it with us to the interview?

Most couple use a joint checking account to run the household. So if you split rent and utilities 50/50. Then you each deposit your share and pay for rent or bills using that account. They also like to see that your salary is direct deposited to that checking account. Even if you withdraw 70% of it and deposit into your personal savings, that's fine. 

Since you are adjusting from F-1, i would focus on showing longevity of your relationship. Evidence of bona fide marriage does not mean evidence since the date of the marriage. You can start with receipts and text messages since the time you met. Especially if you filed right after getting married, you don't want USCIS thinking that you met on Monday, married on Tuesday and filed for your Green Card on Wednesday.

 

Google this in quotations "Links: Evidence of bona fide marriage for I-130/I-485 filing & interview tips" 

It will be first file. Go to the most recent post 08-21-18 by USCitizenFilingForSpouse (me). Focus on the first 3 examples of Table of contents. You will get a lot of ideas on how to stage your evidence. 

 

Remember that ALL evidence is required at the time of filing per page 3 of 12 of the I-130 instructions. 

Edited August 21, 2018 by USC4SPOUSE

[Jun2580 27]

On 8/21/2018 at 4:16 AM, USC4SPOUSE said:

Most couple use a joint checking account to run the household. So if you split rent and utilities 50/50. Then you each deposit your share and pay for rent or bills using that account. They also like to see that your salary is direct deposited to that checking account. Even if you withdraw 70% of it and deposit into your personal savings, that's fine. 

Since you are adjusting from F-1, i would focus on showing longevity of your relationship. Evidence of bona fide marriage does not mean evidence since the date of the marriage. You can start with receipts and text messages since the time you met. Especially if you filed right after getting married, you don't want USCIS thinking that you met on Monday, married on Tuesday and filed for your Green Card on Wednesday.

 

Google this in quotations "Links: Evidence of bona fide marriage for I-130/I-485 filing & interview tips" 

It will be first file. Go to the most recent post 08-21-18 by USCitizenFilingForSpouse (me). Focus on the first 3 examples of Table of contents. You will get a lot of ideas on how to stage your evidence. 

 

Remember that ALL evidence is required at the time of filing per page 3 of 12 of the I-130 instructions. 

 

My question is, is joint bank account a MUST to prove a bona fide relationship? 

I understand that a joint bank account can be a powerful evidence, but as I mentioned in my original question, I need to save for my parent, but I refuse to share the same account with my spouse because I know his bad habit of overspending. Me telling him not to spend the money I saved for my mom, will not stop him from spending that money, and I know it. 

But instead, I have kept all receipts since marriage whenever we went out together. Even if we made payments separately, I kept both of our receipts from those times to show that we went out together. (Due to financial situations we are in, it is not always easy for one of us to pay for both, so for example, when we go eat out at a restaurant, we pay with a separate check, but we keep both parties's receipts to show we went on a date and ate together.) 

Also, I have lease agreement, insurances (car, health, etc) with both of our names on them, all bills with both of our names listed.  I am also planning to screenshot our old texts from 2013, 2014, 2015, 2016, 2017 to prove we have been texting almost every day. Also old photos of us together etc.

 

Do you think these will suffice? Or a joint bank account a mandatory no matter what????

 

P.S. We were together for 3.5 years before marriage. About 1 year after the marriage, we applied for AOS. (Still pending)