AOS interview next week- concerns :( Help needed

[donna777 28]

I wrote a question a few days ago and received a ton of helpful information. I want to put some detail here and hope someone can give some constructive advice.

 

I was previously married, my husband passed away suddenly in 2016, we had 2 children together. In 2017 my mum took me to the states to help me because I wasn't really doing anything with myself. We visited some Soprano sites (the tv show) because I have been a fan for forever. When I got back I looked for groups to join on Facebook, long story short that is where I met my current husband, in August 2017. We talked constantly and eventually I flew out to meet him in December 2017. We became official at that point. I then flew out to see him an awful lot, maybe once every 4 weeks at first and stayed for 4/5 days. I did not tell the inspecting officer at the port of entry that I was meeting my boyfriend, I always said I was here for a holiday. In September 2018, on a trip, he proposed to me. My husband at the time was a greencard holder from Argentina, living in the states since he was 9 years old. In feb 2017 he applied to become a citizen. At the time of his proposal his application had been pending 19 months with no movement. We had planned on waiting for him to become a usc and then apply for the fiancé visa. I would've preferred he came to Spain but he didn't want to give up his job security (work is hard to find in Spain) and also it was impossible for him to take any time off from work to even visit Spain. So with the long distance and everything seeming like it was going to go on forever, we believed applying for a visa for marriage was a longer wait, but we decided to go ahead and get married NOT for immigration purposes, but for US because it would make the distance seem not so bad if we could call each other husband and wife. So in December the children and I visited again for Christmas and we got married. Again I told the immigration officer at port of entry that we were here to celebrate Christmas and a holiday. After that I returned to see my husband in Feb 2019 and the officer that inspected me asked a lot of questions, why do you come so often? I told him I had family here and he asked me who and I was flustered and said I have cousins here and I am seeing one of them (all true) I didn't mention my husband because that's standard for me so I don't think about it. He asked if my kids lived in the states and I told him they were at home. He asked if I'd stayed more than 90 days in total and I said no I didn't think so. He told me that if I had I would need to apply for a 6 month visa instead of the ESTA. I could not find anywhere that said this after. It was really confusing. Anyway he let me through but it was kinda scary.  Then we came in summer June 2019 for a holiday like we did the summer before to stay for the entire summer, at the inspection point we were not asked anything except how long we plan to stay and no fingerprints were even taken.

We had no intentions to stay, but weirdly while we were there more than 2 years since he applied for citizenship my husband received news of the interview for it. He attended in August and everything went well, we began to look into maybe adjusting states. So we held off returning for a little longer and then in September he was approved and became a citizen. We looked for a lawyer and ended up being slightly out of status. I was concerned our case was complicated with it being on a visa waiver.

We sent out first applications off in November 2019. They were sent back because our lawyer messed up the credit card details. Then for one reason or another the forms kept being returned and then a new form was introduced, which required information from school and all of the offices were closed in the UK due to covid. Which all caused delays. So finally our application was accepted in August 2020.

We received an RFE for the i-864 form because our lawyer is totally incompetent and did not submit nearly enough evidence. We responded and everything was fine there. Our interview has been scheduled for next week and I have been trying to get our original documents from our lawyer so that I can go through them in preparation. The forms he has sent me are littered with stupid little mistakes. My previous married name isn't listed, my mothers birth name is incorrect, the name on the i-94 he has added as my current name, the previous marriage he has listed as being the same day and year that my husband died. Things that I hope we can correct at the interview.

My husband and I share a house with my in laws, as such it was literally impossible to have my name put on any bills in order to be put onto joint bank accounts. So as far as bonafides go we don't have bank accounts or statements, or a joint lease. I don't drive here so there are no insurances, and I cannot get insurance without being a resident. We do have credit cards together. He is listed as my beneficiary on my life insurance policy. I own several domains and he is listed on those. We have event tickets, gifts I have sent him, tons of pictures together, family affidavits, pet adoption, School records that show him and his parents as emergency contacts, tax returns, he is listed as guardian from the doctors for the children, phone records showing him and the 2 children (I still have my uk phone number I dont need one in the states). Tons of communications between us, and facebook states updates and many cards etc from family.

 

I'm wondering if intent is an issue? If we have sufficient evidence? If there is something I can be better prepared for.

 

Sorry for the great big panicked essay, thank you for reading!

[Dashinka 24,488]

Intent was established when you entered the US.  You can only show the evidence you have at this point, but you should be able to correct any errors on any of the forms at the interview.  It sounds like the lawyer was not worth the money IMO.

 

Good Luck!

[USC4SPOUSE 506]

@donna777 it sounds like you got married in late 2018. At this point, you have been married for longer than 2 years. You're looking at a 10 year card. I do not think that the officer is going to question you on what you said or did not say to CBP at the Port of Entry. You established your intent at the POE and that is done. 

Besides, the officer is going to be so busy correcting your I-485. lol 

 

I would invest a bit of time in creating 4 wills - 2 authorizing each other to make health care decisions for each other and 2 leaving any earthly possessions to each other. Get them notarized and hand them to the officer. USCIS takes wills very seriously. Get them notarized. 

 https://www.aarp.org/caregiving/financial-legal/free-printable-advance-directives/

 

By the way, you do not need a Social Security Number to be added to a bank account or to even open one. You just have to do it in person at the bank. 

 

I think you are fine. Again, you're going for the 10 year card and there is a really good chance the officer will just hand it to you.  

[donna777 28]

4 minutes ago, Dashinka said:

Intent was established when you entered the US.  You can only show the evidence you have at this point, but you should be able to correct any errors on any of the forms at the interview.  It sounds like the lawyer was not worth the money IMO.

 

Good Luck!

He really wasn't  28 years in the business and some immigration law changes apparently, but these days I'm wondering how the heck he managed it. Thank you so much, I know that was a long read. Really appreciate your help.

[Dashinka 24,488]

Just now, donna777 said:

He really wasn't  28 years in the business and some immigration law changes apparently, but these days I'm wondering how the heck he managed it. Thank you so much, I know that was a long read. Really appreciate your help.

It was an interesting story! 

 

[donna777 28]

2 minutes ago, USC4SPOUSE said:

@donna777 it sounds like you got married in late 2018. At this point, you have been married for longer than 2 years. You're looking at a 10 year card. I do not think that the officer is going to question you on what you said or did not say to CBP at the Port of Entry. You established your intent at the POE and that is done. 

Besides, the officer is going to be so busy correcting your I-485. lol 

 

I would invest a bit of time in creating 4 wills - 2 authorizing each other to make health care decisions for each other and 2 leaving any earthly possessions to each other. Get them notarized and hand them to the officer. USCIS takes wills very seriously. Get them notarized. 

 https://www.aarp.org/caregiving/financial-legal/free-printable-advance-directives/

 

By the way, you do not need a Social Security Number to be added to a bank account or to even open one. You just have to do it in person at the bank. 

 

I think you are fine. Again, you're going for the 10 year card and there is a really good chance the officer will just hand it to you.  

Oh that made me laugh  "he's going to be so busy correcting my I-485" ....thank you for that, might be the first time I've laughed in a few days! Oh wow that is a great idea! I didnt even know that was possible. Im totally going to get on that.

 

We have been trying to get my name added to his Chase bank since the very beginning, we actually have emails to them asking if we can do this and its been impossible. Just recently they said they could do it if his parents were to complete a lease for us. Then they called back and said actually the rules have changed and thats not permitted either   Kinda given up with the joint bank account thing.

 

Thank you so very much for your reply, I'm super nervous and worried about everything and your reply has really helped. Thank you again for taking the time time to read and help me, so appreciated.

[donna777 28]

12 minutes ago, Dashinka said:

It was an interesting story! 

 

Thank you. Yes, my life has definitely been interesting up until this point. My previous husband and I had been married for 9 years when he passed, he died suddenly from sudden adult death. I can tell you that changed me and I began living for the absolute minute. I'm lucky because my current husband embraces my previous husband and my children. We are able to talk about him often and that is just one of my husbands endearing qualities. But to think that everything hinges on the interview is just really terrifying . Thanks again!

[USC4SPOUSE 506]

2 hours ago, donna777 said:

Oh that made me laugh  "he's going to be so busy correcting my I-485" ....thank you for that, might be the first time I've laughed in a few days! Oh wow that is a great idea! I didnt even know that was possible. Im totally going to get on that.

 

We have been trying to get my name added to his Chase bank since the very beginning, we actually have emails to them asking if we can do this and its been impossible. Just recently they said they could do it if his parents were to complete a lease for us. Then they called back and said actually the rules have changed and thats not permitted either   Kinda given up with the joint bank account thing.

 

Thank you so very much for your reply, I'm super nervous and worried about everything and your reply has really helped. Thank you again for taking the time time to read and help me, so appreciated.

Glad I got you to laugh a little or a lot! It's true, though! 

Yes, living wills, wills and power of attorneys are documents every couple should have. Your husband has not been able to add you to his accounts. That's even more reason to have a will. What if something happens? We're in the middle of a pandemic. The wills/health care power of attorney do not have to be uber complicated - just a few specific sentences, sign it in front of a notary public - done. Bring copies for USCIS and keep the originals for yourselves. 

 

Warning - Morbid example follows: If your husband does not want to be hooked up to a ventilator for longer than 30 days because he can't breathe on his own, then that needs to be on paper. If not, watch family members stand in the way of you carrying out your husband's wishes. It's happened. Terry Schiavo. 

 

Again, you established your intent at the POE. Stick to that if it comes up. It is always your word against theirs. Smile every time you answer a question. 

 

The thing with adding someone without a social security number to a bank account is that you have to do it in person. The online system does not allow you to do it. I know that Chase and Bank of America do it because plenty of people have reported that. 

 

4 hours ago, donna777 said:

My husband and I share a house with my in laws, as such it was literally impossible to have my name put on any bills in order to be put onto joint bank accounts. So as far as bonafides go we don't have bank accounts or statements, or a joint lease. I don't drive here so there are no insurances, and I cannot get insurance without being a resident. We do have credit cards together. He is listed as my beneficiary on my life insurance policy. I own several domains and he is listed on those. We have event tickets, gifts I have sent him, tons of pictures together, family affidavits, pet adoption, School records that show him and his parents as emergency contacts, tax returns, he is listed as guardian from the doctors for the children, phone records showing him and the 2 children (I still have my uk phone number I dont need one in the states). Tons of communications between us, and facebook states updates and many cards etc from family.

• Your husband should be able to add you to his health insurance at work even though you do not have a Social Security Number. He could list you as emergency contact on his employee profile and print that. 
• He should also list you as emergency contact on every type of insurance he has. Print all of that. That's strong evidence. 
• Credit cards together = strong evidence too. Print all the statements that way you can show longevity there.
• Beneficiary on your life insurance policy = strong evidence. Hopefully, that policy shows your current address.
• School records/emergency contacts = strong evidence. 
• joint taxes - also very strong evidence.

If you get any sort of mail at that address, you can show that, too. Sometimes officers ask for mail. 

 

I think you have plenty considering that you do not have a joint bank account. I would still print your husband's bank account statements and look for purchases that relate to your marriage, daily expenses, groceries, trips, etc. 

 

You will be fine. You have plenty. Last but not least, you said you come from Spain? You have a EU passport. It's not written anywhere but USCIS does tend to favor the EU. You're fine.  

 

[donna777 28]

16 minutes ago, USC4SPOUSE said:

Glad I got you to laugh a little or a lot! It's true, though! 

Yes, living wills, wills and power of attorneys are documents every couple should have. Your husband has not been able to add you to his accounts. That's even more reason to have a will. What if something happens? We're in the middle of a pandemic. The wills/health care power of attorney do not have to be uber complicated - just a few specific sentences, sign it in front of a notary public - done. Bring copies for USCIS and keep the originals for yourselves. 

 

Warning - Morbid example follows: If your husband does not want to be hooked up to a ventilator for longer than 30 days because he can't breathe on his own, then that needs to be on paper. If not, watch family members stand in the way of you carrying out your husband's wishes. It's happened. Terry Schiavo. 

 

Again, you established your intent at the POE. Stick to that if it comes up. It is always your word against theirs. Smile every time you answer a question. 

 

The thing with adding someone without a social security number to a bank account is that you have to do it in person. The online system does not allow you to do it. I know that Chase and Bank of America do it because plenty of people have reported that. 

 

• Your husband should be able to add you to his health insurance at work even though you do not have a Social Security Number. He could list you as emergency contact on his employee profile and print that. 
• He should also list you as emergency contact on every type of insurance he has. Print all of that. That's strong evidence. 
• Credit cards together = strong evidence too. Print all the statements that way you can show longevity there.
• Beneficiary on your life insurance policy = strong evidence. Hopefully, that policy shows your current address.
• School records/emergency contacts = strong evidence. 
• joint taxes - also very strong evidence.

If you get any sort of mail at that address, you can show that, too. Sometimes officers ask for mail. 

 

I think you have plenty considering that you do not have a joint bank account. I would still print your husband's bank account statements and look for purchases that relate to your marriage, daily expenses, groceries, trips, etc. 

 

You will be fine. You have plenty. Last but not least, you said you come from Spain? You have a EU passport. It's not written anywhere but USCIS does tend to favor the EU. You're fine.  

 

Wow cant express how much you've truly helped calm me back down to a panic   

Really useful information here thank you so much, I'm working on the things that you said, since they make perfect sense. I'm going to try the bank again because since they can notarize the wills etc we have to go into the office this weekend anyway , we don't have anything to lose by asking them again and taking everything we have with us. I do have other items that I've received in the mail and I've kept every invoice, letter etc right from the beginning.

 

Yes I lived in Spain for 9 years prior to moving to the states, but we are actually UK citizens. 

Thank youuuuuu! so so much!

 

[USC4SPOUSE 506]

1 minute ago, donna777 said:

Wow cant express how much you've truly helped calm me back down to a panic   

Really useful information here thank you so much, I'm working on the things that you said, since they make perfect sense. I'm going to try the bank again because since they can notarize the wills etc we have to go into the office this weekend anyway , we don't have anything to lose by asking them again and taking everything we have with us. I do have other items that I've received in the mail and I've kept every invoice, letter etc right from the beginning.

 

Yes I lived in Spain for 9 years prior to moving to the states, but we are actually UK citizens. 

Thank youuuuuu! so so much!

 

You're so welcome!!!  

[bakphx1 789]

I think for AOS, you are fine.  Living with in-laws and not getting a joint bank account due to a lack of SS# aren’t unusual.  As long as you’re living together, filed taxes together, and have other things, it’s fine.  In our ROC interview the agent was chatty with us and said that one thing they check is if the applying spouse has evidence of having their own separate residence.  They do behind-the-scenes checking on that.  If that comes back clean, it is assumed you live together.  
 

He also said pictures are very important.  Both of you two together and in social/family settings.  

Edited July 16, 2021 by bakphx1

[Nitas_man 3,100]

16 hours ago, donna777 said:

He really wasn't  28 years in the business and some immigration law changes apparently, but these days I'm wondering how the heck he managed it. Thank you so much, I know that was a long read. Really appreciate your help.

POE intent was never an issue on your case.  

The errors may or may not become an issue.  This is dependent on whether any material information is inaccurate on the submitted applications.

 

As noted being added to health insurance does not require a SS number.  

Immigration law changes?  pffft.  We been filing stuff from being in and out of the country for 14 years.  This guy is a hack.  An idiot can fill these forms out.

 

Earlier advice was solid.  Form errors can be fixed at interview.  You’re “under oath” in an interview and one by one you need to

plan to fix any error you have found.  All of them.

 

Stuff they did to us:  Asked for our keys and compared our house (apartment) keys

Asked for our credit cards and compared the matching numbers.  Made copies of them.

 

You’re up for a 10-yr not a conditional card.  Hopefully your lawyer advised you to provide a full set of evidence of time together, visits, entries/exits, going back to the marriage date.  It doesnt sound like you know exactly what he sent and it will be critical to find out before you go in.  
 

Their questions come from the documents that he sent or didnt send and your issues come from what is missing in the instructions.

 

Read the instructions as if you are preparing to file. Memorize what you sent and sort it in this order:
 

They verify -

 

His ID

His qualification to file - what is his legal status and the legal validity of the marriage (citizenship, termination of previous marriages, marriage cert)

His background - not in the package and not an issue

 

His ability to support you - the affidavit - pretty much stand alone

 

Your ID

Your qualification as a beneficiary - legal status, validity of the marriage (marriage cert, termination of previous marriages)

Your background - for anything that makes you ineligible (criminal)

Your health - for anything that makes you ineligible (civil surgeon)

Most of that?  Is verified before you walk in the door.

 

Then they move to “valid marriage” to rule out “marriage for immigration benefit”  

 

That part?  Is where the interview gets fun.  the bank accounts, the car insurance, the matching address, the shared credit, the beneficiary info, or for couples who live apart waiting the proof of ongoing communication and time spent together.  Some of the questions get really personal and occasionally the separate you just for fun to see if your answers match.

 

So figure out first what they have, sort it, and see if there is anything at all you or he may not have clarified or may be able to add to.
 

https://www.uscis.gov/i-485

https://www.uscis.gov/i-130

 

Even though you used a lawyer, read them anyway.  That list above was dashed off from memory LOL

Good luck and best to you and your family

[donna777 28]

5 hours ago, bakphx1 said:

I think for AOS, you are fine.  Living with in-laws and not getting a joint bank account due to a lack of SS# aren’t unusual.  As long as you’re living together, filed taxes together, and have other things, it’s fine.  In our ROC interview the agent was chatty with us and said that one thing they check is if the applying spouse has evidence of having their own separate residence.  They do behind-the-scenes checking on that.  If that comes back clean, it is assumed you live together.  
 

He also said pictures are very important.  Both of you two together and in social/family settings.  

Pictures is one thing we have an absolute billion of  since the beginning, through to now. My daughter also just graduated middle school and we have pictures of us together for that too, all major events. Pictures we have covered for sure  

Thank you!

[donna777 28]

2 hours ago, Nitas_man said:

POE intent was never an issue on your case.  

The errors may or may not become an issue.  This is dependent on whether any material information is inaccurate on the submitted applications.

 

As noted being added to health insurance does not require a SS number.  

Immigration law changes?  pffft.  We been filing stuff from being in and out of the country for 14 years.  This guy is a hack.  An idiot can fill these forms out.

 

Earlier advice was solid.  Form errors can be fixed at interview.  You’re “under oath” in an interview and one by one you need to

plan to fix any error you have found.  All of them.

 

Stuff they did to us:  Asked for our keys and compared our house (apartment) keys

Asked for our credit cards and compared the matching numbers.  Made copies of them.

 

You’re up for a 10-yr not a conditional card.  Hopefully your lawyer advised you to provide a full set of evidence of time together, visits, entries/exits, going back to the marriage date.  It doesnt sound like you know exactly what he sent and it will be critical to find out before you go in.  
 

Their questions come from the documents that he sent or didnt send and your issues come from what is missing in the instructions.

 

Read the instructions as if you are preparing to file. Memorize what you sent and sort it in this order:
 

They verify -

 

His ID

His qualification to file - what is his legal status and the legal validity of the marriage (citizenship, termination of previous marriages, marriage cert)

His background - not in the package and not an issue

 

His ability to support you - the affidavit - pretty much stand alone

 

Your ID

Your qualification as a beneficiary - legal status, validity of the marriage (marriage cert, termination of previous marriages)

Your background - for anything that makes you ineligible (criminal)

Your health - for anything that makes you ineligible (civil surgeon)

Most of that?  Is verified before you walk in the door.

 

Then they move to “valid marriage” to rule out “marriage for immigration benefit”  

 

That part?  Is where the interview gets fun.  the bank accounts, the car insurance, the matching address, the shared credit, the beneficiary info, or for couples who live apart waiting the proof of ongoing communication and time spent together.  Some of the questions get really personal and occasionally the separate you just for fun to see if your answers match.

 

So figure out first what they have, sort it, and see if there is anything at all you or he may not have clarified or may be able to add to.
 

https://www.uscis.gov/i-485

https://www.uscis.gov/i-130

 

Even though you used a lawyer, read them anyway.  That list above was dashed off from memory LOL

Good luck and best to you and your family

Thank you again for your detailed reply! and for reading that huge essay. 

Ok so when we filed he literally sent off the absolute basics, birth certs, marriage certs, death certs, my husbands credentials etc. Total basics. I asked when we would provide all of the bonafides etc, and he said no no we prepare a package to give them on your day of interview. I remember being very stressed out about this with my husband and saying that I really wanted to send as much information as we have available to them anyway. I couldnt understand how an officer could decide in 30 minutes glancing over information he'd never seen before. So I prepared everything because I was going to insist that the lawyer send some evidence of our being a family etc. My husband and I kept arguing and my husband kept saying he's a lawyer! he's been doing it for 28 years he must know what he's talking about. (My husband doesnt say those things about him anymore). So in the end I said ok fine, and none of our bonafides were sent. Now my lawyer wants all of our bonafides (originals) dropped off to him...because his office is still closed due to Covid and we havent been able to meet with him in person during this whole time. I'm not comfortable with anything that he is going to do, so I'm making copies of absolutely everything before I hand anything over.

 

Thank you very much I'm going to double check the forms etc again and just try to do what we can and hope for the absolute best.

[Timona 4,207]

17 hours ago, USC4SPOUSE said:

You're so welcome!!!  

 

 Why don't you just became a therapist/ counselor? You always calm peoples nerves and have so much patience in explanations.