Not enough joint finances?

[iksrazal 1]

My wife's green card expires 5/24/2020, I am very close to sending the I-751 forms.

 

We moved from Colorado to Maui in 01/2019, I bought an apartment there a few months before that however my wife doesn't work yet while she learns English - therefore I didn't put her on the loan and deed paperwork. She's been attending English as a Second Language classes at the University of Hawaii since 06/2019 - I plan on sending receipts. She has a Hawaii drivers license, I have a Hawaii ID that we will send.

 

She created a local bank account almost a year ago but doesn't use it, so not sure if I should print statements. She prefers to not use cards so I give her cash as needed, though usually I pay for everything.

 

I am concerned I don't have enough proof of co-mingling of finances. I do have:

 

- A letter from Hawaii Electric with both our names, that we've be tenants since 10/2018.

- Paid cash for a used car with our names on the title, and car insurance with both our names on it.

- A will with her name on it from 2017 - and my daughter from my previous wife as well, hope that's ok.

- Bank statements with our address that shows a lot of activity, but in my name.

- Tax transcripts as a joint return for 2017, 2018, 2019 showing my wife as unemployed.

- Joint heath insurance

 

Another concern is I don't have the deed of the property in hand but I do have the "final settlement" doc and mortgage statements. I have mortgage insurance but in my name only. I can send the mortgage statements since 10/2018. I don't have much from Colorado before that besides health insurance though it was good enough for the AOS interview at the time.

 

Any advice appreciated.

 

[iksrazal 1]

I just spent a half hour on the phone with a random lawyer on the internet, here's the 3 main things I got out of it:

 

1) Its not too late to open a joint savings account if its before you send the I-751, $200 is ok.

 

2) "Final settlement" and mortgage payments should be enough to establish proof of residence. 

 

3) Things are even slower than normal because of coronavirus. If we are fortunate enough to receive a I-797C in about 6-8 weeks, then the next step is setting up a uscis appointment via infopass to get my wife's passport stamped so she can travel with less hassle.

 

Edited March 20, 2020 by iksrazal

[Villanelle 4,122]

Yikes I hope it was a free consult.... An immigration attny should know that when you file for ROC you get a 797c receipt aka the NOA. The 751 NOA receipt serves as an extension for 18 months. You can use it to work and travel. You do not need to go get a 551 stamp- and actually they wont even give you a stamp if you have the NOA+expired GC. When your 18 months expires (or is close to expiring) if your 751 is still pending then you can get a stamp as proof of status. 

 

Opening a joint account now is fine- if you want to open one - open one. But its not going to be that helpful. Many people mistakenly believe the stuff listed on the 751 instructions as suggested evidence proofs are required evidences or that USCIS is looking for specific documents so as long as you present it the contents of it dont matter. That is just not true. There is no official 'required' proof of relationship documents because if there was people who are fraudulently seeking benefits would simply go down a checklist providing whats required and be able to get approved. The only evidence that is 'required' is tax returns off the top of my head. They always want tax returns. 

 

What you want to look at is the contents of what you are sending. A joint account that you open days before you file and then sits unused is not any type of evidence that will help you. For ROC you want to show that you live together, you want to show you share financial responsibilities,  you want to show you also share life experiences and plans for the future. 

 

Everyones situation is different. Co-mingling of finances does not mean showing a joint account. It doesnt mean 50-50 split of bills. It means mixing funds. A lot of times one spouse works and the other is a homemaker. Deposits are made into an account and if only one person is earning money only one person will be depositing income into it but what comes out of the account is the expenses for both people. Doesnt matter if the account is only under one persons name- USCIS wont disregard it because its not a joint account and they only want to see joint accounts because as I said thats not how it works. So you would want to go through your account statements and highlight how your sole account is used for expenses for both of you. Most likely most of the bills you have are under your name as well. You will still want to send them. It shows you are paying for out of your sole account and your sole income things like phone,internet, electricity for the home that you both live in. Having the joint electric is good though many people are unable to get joint utility accounts!

 

I have no idea how showing a settlement or mortgage statements is going to show residence for her unless her name is somewhere in the documents. It will show its your residence though. She needs to show her ID/DL  with the address and any mail to her at the address even if its junk mail. 

 

I would also send all bank statements for any accounts that either of you have whether they are used frequently or not at all. And then in a letter of explanation explain what they are looking at. Browse through the ROC subforum and look for posts in which people list out what they are including in their ROC packet. You will probably come up with things you didnt think of that you have. If its something you dont have determine which one of the four points above it falls under (residence, finances, experiences, future plans) and try to come up with something else you may have that shows such.

 

So for your specific situation- Showing residence is very easy to establish- like I said IDs and mail. Tax returns also show joint address. Seems like you just made a long distance move so perhaps you have stuff from a realtor addressed to you both or could get a statement from the realtor about how they helped you guys as a couple find a place. For co-mingled finances you are going to want to write out a detailed letter explaining your situation since the account you mainly use is your sole account. Experiences is basically pictures, trip itineraries, birthday cards, pet adoptions, having children, activities, etc. Plans for future includes things like wills and such. You can also discuss your general joint plans for the future in your letter, perhaps mentioning her ESL class which she is taking so she can work and contribute to the family finances. 

 

 

 

 

 

 

 

[Springleaf 37]

OP ,Villanelle 's reply is definitely worth its weight in gold.

I wish it could be stickied.

 

You already have a lot of stuff and don't need a fresh joint account with 0 activity.

 

 

[iksrazal 1]

On 3/21/2020 at 9:53 AM, Villanelle said:

Yikes I hope it was a free consult.... An immigration attny should know that when you file for ROC you get a 797c receipt aka the NOA. The 751 NOA receipt serves as an extension for 18 months. You can use it to work and travel. You do not need to go get a 551 stamp- and actually they wont even give you a stamp if you have the NOA+expired GC. When your 18 months expires (or is close to expiring) if your 751 is still pending then you can get a stamp as proof of status. 

 

Opening a joint account now is fine- if you want to open one - open one. But its not going to be that helpful. Many people mistakenly believe the stuff listed on the 751 instructions as suggested evidence proofs are required evidences or that USCIS is looking for specific documents so as long as you present it the contents of it dont matter. That is just not true. There is no official 'required' proof of relationship documents because if there was people who are fraudulently seeking benefits would simply go down a checklist providing whats required and be able to get approved. The only evidence that is 'required' is tax returns off the top of my head. They always want tax returns. 

 

What you want to look at is the contents of what you are sending. A joint account that you open days before you file and then sits unused is not any type of evidence that will help you. For ROC you want to show that you live together, you want to show you share financial responsibilities,  you want to show you also share life experiences and plans for the future. 

 

Everyones situation is different. Co-mingling of finances does not mean showing a joint account. It doesnt mean 50-50 split of bills. It means mixing funds. A lot of times one spouse works and the other is a homemaker. Deposits are made into an account and if only one person is earning money only one person will be depositing income into it but what comes out of the account is the expenses for both people. Doesnt matter if the account is only under one persons name- USCIS wont disregard it because its not a joint account and they only want to see joint accounts because as I said thats not how it works. So you would want to go through your account statements and highlight how your sole account is used for expenses for both of you. Most likely most of the bills you have are under your name as well. You will still want to send them. It shows you are paying for out of your sole account and your sole income things like phone,internet, electricity for the home that you both live in. Having the joint electric is good though many people are unable to get joint utility accounts!

 

I have no idea how showing a settlement or mortgage statements is going to show residence for her unless her name is somewhere in the documents. It will show its your residence though. She needs to show her ID/DL  with the address and any mail to her at the address even if its junk mail. 

 

I would also send all bank statements for any accounts that either of you have whether they are used frequently or not at all. And then in a letter of explanation explain what they are looking at. Browse through the ROC subforum and look for posts in which people list out what they are including in their ROC packet. You will probably come up with things you didnt think of that you have. If its something you dont have determine which one of the four points above it falls under (residence, finances, experiences, future plans) and try to come up with something else you may have that shows such.

 

So for your specific situation- Showing residence is very easy to establish- like I said IDs and mail. Tax returns also show joint address. Seems like you just made a long distance move so perhaps you have stuff from a realtor addressed to you both or could get a statement from the realtor about how they helped you guys as a couple find a place. For co-mingled finances you are going to want to write out a detailed letter explaining your situation since the account you mainly use is your sole account. Experiences is basically pictures, trip itineraries, birthday cards, pet adoptions, having children, activities, etc. Plans for future includes things like wills and such. You can also discuss your general joint plans for the future in your letter, perhaps mentioning her ESL class which she is taking so she can work and contribute to the family finances. 

 

 

 

 

 

 

 

Thank you for the excellent response, it gave me some ideas.

 

I was able to (a) get my wife's name on the home owners insurance, (b) I finally got a deed and it shows my wife's name since we are married - even though she is not on the mortgage, (c) We have a YMCA membership, and (d) I remembered that my wife is the beneficiary to my 401K.

 

Here's my cover letter that I am going to send out later today - its early in Hawaii. Her green card expires 05/24/2020.

 

March 25, 2020

USCIS
P.O. Box 21200
Phoenix, AZ 85036

 

RE: Form I-751, Petition to Remove Conditions on Residence for:
Jane Doe, A#000-000-000

 

Dear USCIS Officer:

 

I am filing a joint Form I-751, Petition to Remove Conditions on Residence, with my spouse, Jane Doe. My wife entered the United States on a K-1 visa, and we subsequently married in Colorado. She adjusted status to permanent resident in May 2018.

 

While we married in Colorado and started our life together there at my parents large house in 2017, my wife and I bought an apartment in XXX, HI in October of 2018 and moved there permanently in January 2019.

 

The conditional resident started ESL classes at the University of Hawaii Maui College in June, 2019. Because she is a part time student, and I work at home online as a computer programmer, we spend a lot of time together and do most of our purchases using my Bank of Hawaii debit card. The conditional resident has a bank account though she prefers that I give her cash for her daily expenses for school and shopping.

 

We have remained living together happily. We respectfully request that this petition be accepted for removal of conditions on residence for Jane Doe.

 

The materials, which show a merging of our personal and financial lives since marriage (March 30, 2017), are organized in tab dividers for your convenience.

 

Thank you for your prompt processing of this petition and for what we hope is your favorable response at your earliest opportunity.

 

Sincerely,
John and Jane Doe

 

Exhibit A:

- Money order in the amount of $680.00 for payment of the I-751 Petition to Remove Conditions on Residence + Biometric fee

 

- Print out of https://www.uscis.gov/i-751 showing “Edition Date
Expires 12/31/2019” on i-751:

12/02/19. We will publish a new version of this form soon. In the meantime, you may file using the 12/02/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

 

- Marriage license and certificate

 

- Copy of USCIS Form I-551 front and back (Permanent Resident Card)

 

Exhibit B: Evidence of Common Residency

 

- Copy of U.S. Citizen Spouse’ Identification card

 

- Copy of Conditional Resident’s Driver License

 

- Final settlement, showing purchase of the property that is listed as our address.

 

- Deed of the property of our address, listing the U.S. citizen and the conditional resident.

 

- Mortgage payments to ACME since our property purchase in XXX, HI

 

- Mortgage insurance from 10-17-2019 to 10-17-2020, listing the conditional resident as the beneficiary.

 

- Copy of Bank of Hawaii statement for the checking account of the conditional resident, showing our current address.   

 

Exhibit 😄 Evidence of Co-Mingling of Financial Resources

 

- 2017 IRS Tax Return Transcript showing filing status as “Married Filed Jointly” , also account transcript.

 

- 2018 IRS Tax Return Transcript showing filing status as “Married Filed Jointly” , also account transcript.

 

- 2019 IRS Tax Return was filed on 03/12/2020 though return transcript is not yet available, per IRS guideline “allow 2-3 weeks after return submission before you request a transcript.” A 2019 account transcript showing payments is included.

 

- 2019 IRS Tax Return  “Married Filed Jointly” printout in its entirety including CO and HI state taxes.

 

- 2018 IRS Tax Return  “Married Filed Jointly” printout in its entirety including CO state taxes.

 

- Form 1099 printout from 2017, 2018 and 2019 of the U.S. citizen.

 

- Letter to the U.S. citizen and conditional resident, dated 03/18/2020, from the State of Hawaii Department of Taxation showing a “Credit forward” balance of $XX.XX for the 2019 tax period.

 

- Bank of Hawaii statement showing joint savings account.

 

- 2019 and 2020 Bank of Hawaii account statements of the U.S. citizen. Though this account is not joint, we use this account to pay for joint amenities at home.

 

- 2018 and 2019 Chase bank account statements of the U.S. citizen, while living in Colorado. Though this account was not joint, we previously used this account to pay for joint amenities at home

 

- From Hawaiian Electric, a letter concerning “Confirmation of occupancy” .

 

Exhibit 😧 Evidence of our life together

 

- YMCA joint membership from 02/2020 until present.

 

- Joint health insurance for 2018, 2019 and 2020.

 

- Joint car title, registration and insurance for period from 1-16-2020 to 07-16-2020

 

- Flight confirmation to Maui for the U.S. citizen and conditional resident.

Exhibit E: Evidence of planning our future together

 

- Last Will and Testament of the  U.S. citizen, with the conditional resident as the beneficiary.

 

- 401K of the  U.S. citizen, with the conditional resident as the beneficiary.

 

- ESL classes of the conditional resident at the University of Hawaii Maui college

 

- 9 photos with hand written dates, of some of our best moments together in the USA