AOS interview and lack of bonafide evidence

[ADCameri-can 5]

Hi everyone. I’m going to try and make this short but any help is appreciated. 
I’ve been living in the U.S. with my spouse after an unplanned elopement last July, we filed for my Adjustment of Status concurrently with my I-130 petition, as well as my I-765 EAD, and I-131 AP. 
I am Canadian and crossed via land border to visit my wife for the Canada Day & 4th Of July holiday week in 2022. So I was not issued an i94, as well as did not have any valid visa status. But since I am Canadian I did not need a visa to visit. 
when we got married and decided I stay, we contacted a lawyer and he said it would be no problem since our wedding wasn’t planned. Fast forward to a year from then, my EAD has been approved and i’m about to start my new job on this coming Monday, but I just got a letter in the mail saying my interview has been scheduled for this Wednesday. When it comes to Bonafide evidence of our marriage, my wife and I have affidavits from our family and friends (we even lived with my father in law for many months while we worked through this process), we just very recently signed a lease and moved into our own apartment in the city so we do have a lease. I am on her health insurance card as a dependent, as well as I am a named insured on our car insurance. We do not have joint bank accounts because we just use an online no-fee bank and they don’t allow joint accounts. 
however, we just downloaded my wife’s tax transcript from the most recent filing year (we filed her i864 with the 2021 tax year and she’s since filed for the 2022 year) and we realized that her tax agency filed her as “Single” and not “married filing separately” (as I did not work in the U.S. that year and have filed in Canada for myself.) we did not realize this error until today, which is one week from the date of my interview. 
will the other evidence we have as a married couple be enough that the IO won’t question it ? Or will this severely hinder our chances of a successful interview ? She is filing an amendment for 1040-X to change her marital status with the IRS tomorrow, but it takes about 3-5 weeks to receive that confirmation. It was an honest mistake, as she has been using this tax preparer for years and we truly didn’t realize until right this moment. 
many advice on next steps? Or if I should or should not be worried?? 
thanks xx

[SalishSea 17,819]

43 minutes ago, ADCameri-can said:

Hi everyone. I’m going to try and make this short but any help is appreciated. 
I’ve been living in the U.S. with my spouse after an unplanned elopement last July, we filed for my Adjustment of Status concurrently with my I-130 petition, as well as my I-765 EAD, and I-131 AP. 
I am Canadian and crossed via land border to visit my wife for the Canada Day & 4th Of July holiday week in 2022. So I was not issued an i94, as well as did not have any valid visa status. But since I am Canadian I did not need a visa to visit. 
when we got married and decided I stay, we contacted a lawyer and he said it would be no problem since our wedding wasn’t planned. Fast forward to a year from then, my EAD has been approved and i’m about to start my new job on this coming Monday, but I just got a letter in the mail saying my interview has been scheduled for this Wednesday. When it comes to Bonafide evidence of our marriage, my wife and I have affidavits from our family and friends (we even lived with my father in law for many months while we worked through this process), we just very recently signed a lease and moved into our own apartment in the city so we do have a lease. I am on her health insurance card as a dependent, as well as I am a named insured on our car insurance. We do not have joint bank accounts because we just use an online no-fee bank and they don’t allow joint accounts. 
however, we just downloaded my wife’s tax transcript from the most recent filing year (we filed her i864 with the 2021 tax year and she’s since filed for the 2022 year) and we realized that her tax agency filed her as “Single” and not “married filing separately” (as I did not work in the U.S. that year and have filed in Canada for myself.) we did not realize this error until today, which is one week from the date of my interview. 
will the other evidence we have as a married couple be enough that the IO won’t question it ? Or will this severely hinder our chances of a successful interview ? She is filing an amendment for 1040-X to change her marital status with the IRS tomorrow, but it takes about 3-5 weeks to receive that confirmation. It was an honest mistake, as she has been using this tax preparer for years and we truly didn’t realize until right this moment. 
many advice on next steps? Or if I should or should not be worried?? 
thanks xx

I don't see any issues with your bonafides, to be honest.    The tax return amendment is a good idea.  Family/friend affidavits are okay, but not strong evidence.  

 

In terms of banking, can you open joint no-fee credit union accounts?  That is what my spouse and I did.  Are there other joint bills or accounts that you can show as evidence?  

[ADCameri-can 5]

4 minutes ago, SalishSea said:

I don't see any issues with your bonafides, to be honest.    The tax return amendment is a good idea.  Family/friend affidavits are okay, but not strong evidence.  

 

In terms of banking, can you open joint no-fee credit union accounts?  That is what my spouse and I did.  Are there other joint bills or accounts that you can show as evidence?  

Unfortunately we don’t have time to open a new bank account as my interview is in a week now, I would assume it would look suspicious if we all of a sudden opened an account right before my interview. That would have been an option if we had more time, but my EAD and SSN were only approved at the end of May, so we haven’t had much time to get my name on anything honestly.
I am listed as an authorized user on our phone bill, which has both of our devices on it. the gas and electric at our new apartment is in my name (they wouldn’t let me add her as a joint account holder?). 
but again the tax return amendment won’t be available for 3-5 weeks, so should we just take a photo and or scan a copy of the form before we mail it? 

[TBoneTX 45,267]

Being married, even with little property, you should have properly drafted and executed estate documents.

It might take a while to draft Wills, but you should consider getting some medical and durable Powers of Attorney drafted.  I suggest finding a lawyer to do them; it looks more professional and, I've heard, it's far safer than doing it yourself off the Internet.  You should have time this week.

 

Congratulations on the new job and the interview!  Come back to tell us how things are progressing.

[ADCameri-can 5]

1 minute ago, ADCameri-can said:

Unfortunately we don’t have time to open a new bank account as my interview is in a week now, I would assume it would look suspicious if we all of a sudden opened an account right before my interview. That would have been an option if we had more time, but my EAD and SSN were only approved at the end of May, so we haven’t had much time to get my name on anything honestly.
I am listed as an authorized user on our phone bill, which has both of our devices on it. the gas and electric at our new apartment is in my name (they wouldn’t let me add her as a joint account holder?). 
but again the tax return amendment won’t be available for 3-5 weeks, so should we just take a photo and or scan a copy of the form before we mail it? 

This all happened so fast. We didn’t even send our application in until the end of February 2023, by May 20th I had my EAD and SSN and my interview is booked for Aug 2. I’m so overwhelmed with it happening so fast we didn’t have enough time to establish hardly anything. 

[TBoneTX 45,267]

6 minutes ago, ADCameri-can said:

I’m so overwhelmed with it happening so fast we didn’t have enough time to establish hardly anything. 

Well, admit that to the interviewer.  How can you be blamed for the unexpected whirlwind of events?

Just have what you can have -- the Powers of Attorney will be good -- and relax as best you can.

[SalishSea 17,819]

6 minutes ago, ADCameri-can said:

This all happened so fast. We didn’t even send our application in until the end of February 2023, by May 20th I had my EAD and SSN and my interview is booked for Aug 2. I’m so overwhelmed with it happening so fast we didn’t have enough time to establish hardly anything. 

That's kind of the deal you sign up for when you adjust status.  Again, I don't think you are in a bad place with your evidence.  Let us know how you go.

[ADCameri-can 5]

Just now, TBoneTX said:

Well, admit that to the interviewer.  How can you be blamed for the unexpected whirlwind of events?

Just have what you can have -- the Powers of Attorney will be good -- and relax as best you can.

“Relax” isn’t in my vocabulary at the moment haha! Very nerve wracking time for sure. But I appreciate you easing my mind a little. It’s definitely best to just be honest with them and tell them it all happened so fast that we didn’t have time to get our ducks in a row like we’d planned to. They’re human too they’ve got to appreciate our vulnerability.

[TBoneTX 45,267]

2 minutes ago, ADCameri-can said:

“Relax” isn’t in my vocabulary at the moment haha! Very nerve wracking time for sure. But I appreciate you easing my mind a little. It’s definitely best to just be honest with them and tell them it all happened so fast that we didn’t have time to get our ducks in a row like we’d planned to. They’re human too they’ve got to appreciate our vulnerability.

I fully agree with you -- they thrive on honesty.

If you get nervous, just tell the butterflies in your stomach to fly in formation.  

[SalishSea 17,819]

1 minute ago, ADCameri-can said:

“Relax” isn’t in my vocabulary at the moment haha! Very nerve wracking time for sure. But I appreciate you easing my mind a little. It’s definitely best to just be honest with them and tell them it all happened so fast that we didn’t have time to get our ducks in a row like we’d planned to. They’re human too they’ve got to appreciate our vulnerability.

Also - you are adjusting legally.  You are in a genuine marriage, and you have the right to adjust status via marriage to your USC spouse.  If they question things, you can always reapply with better evidence. You have nothing to hide, so be confident.  

[WaterLeaf 200]

10 hours ago, ADCameri-can said:

Unfortunately we don’t have time to open a new bank account as my interview is in a week now, I would assume it would look suspicious if we all of a sudden opened an account right before my interview. That would have been an option if we had more time, but my EAD and SSN were only approved at the end of May, so we haven’t had much time to get my name on anything honestly.
I am listed as an authorized user on our phone bill, which has both of our devices on it. the gas and electric at our new apartment is in my name (they wouldn’t let me add her as a joint account holder?). 
but again the tax return amendment won’t be available for 3-5 weeks, so should we just take a photo and or scan a copy of the form before we mail it? 

The fastest online bank I know of is Capital One. After you opened an account and verify everything, adding your spouse to it as a joint account is next. After she does her verification, it's all set. At first it'll take a few days (No need to make excuse for can't open one right now - just to say how easy it is) but when you talk about it in your interview, you can say you're in the process!

No monthly fee or anything like that. My Husband and I like it.

Edited July 26, 2023 by WaterLeaf

[beloved_dingo 1,976]

11 hours ago, ADCameri-can said:

Unfortunately we don’t have time to open a new bank account as my interview is in a week now, I would assume it would look suspicious if we all of a sudden opened an account right before my interview. That would have been an option if we had more time, but my EAD and SSN were only approved at the end of May, so we haven’t had much time to get my name on anything honestly.
I am listed as an authorized user on our phone bill, which has both of our devices on it. the gas and electric at our new apartment is in my name (they wouldn’t let me add her as a joint account holder?). 
but again the tax return amendment won’t be available for 3-5 weeks, so should we just take a photo and or scan a copy of the form before we mail it? 

I would include these bills. You have a joint lease, and having bills in your name at that address bolsters the fact that a) you live there and b) you both have financial responsibility over marital bills.

 

A few things you can add, if you have them:

• Do you both have a driver's license/state ID with the same address? If so, make copies of those.
• Are you an authorized user on her credit card(s)? If not, that is a very easy thing she could do to add additional evidence
• Are you each other's beneficiary on any accounts or benefits? Like retirement accounts, life insurance, etc. - if so, add that documentation
• Do you have any joint memberships? Costco, gym, etc? 
• Do you have pets? If so, does the vet have both of your info on file? If so, see if you can get documentation of that. 
• Have you taken any trips together domestically since you've been here? You can provide hotel reservations/Airbnb receipts, etc. 
• Don't forget including some photos of you both together. It's a good thing for the IO to see you together as a couple, especially with friends/family
• Do you have any mail with both names? Like bills, letters, cards, wedding invitations, graduation announcement, etc. 

I wouldn't worry about the taxes. It's a common mistake, especially the first tax filing after marriage. Just explain it if it comes up. And if you have any kind of written communication from your tax preparer about the error, it doesn't hurt to bring that. 

[ADCameri-can 5]

11 minutes ago, beloved_dingo said:

I would include these bills. You have a joint lease, and having bills in your name at that address bolsters the fact that a) you live there and b) you both have financial responsibility over marital bills.

 

A few things you can add, if you have them:

• Do you both have a driver's license/state ID with the same address? If so, make copies of those.
• Are you an authorized user on her credit card(s)? If not, that is a very easy thing she could do to add additional evidence
• Are you each other's beneficiary on any accounts or benefits? Like retirement accounts, life insurance, etc. - if so, add that documentation
• Do you have any joint memberships? Costco, gym, etc? 
• Do you have pets? If so, does the vet have both of your info on file? If so, see if you can get documentation of that. 
• Have you taken any trips together domestically since you've been here? You can provide hotel reservations/Airbnb receipts, etc. 
• Don't forget including some photos of you both together. It's a good thing for the IO to see you together as a couple, especially with friends/family
• Do you have any mail with both names? Like bills, letters, cards, wedding invitations, graduation announcement, etc. 

I wouldn't worry about the taxes. It's a common mistake, especially the first tax filing after marriage. Just explain it if it comes up. And if you have any kind of written communication from your tax preparer about the error, it doesn't hurt to bring that. 

This is awesome info thank you SO much!!! 

[discoverusa 258]

I would also include a letter from your father in law specifying the dates you both lived with him as a married couple. It's an affidavit from your first "landlord."

[ADCameri-can 5]

HI EVERYONE! 
interview was today! It was insane. We were SO prepared with a file book with about 400 pages in it (I added everything you all suggested since I last posted!) and The immigration officer did not ask us one thing about us or take one document from us. We sat in silence after saying hello and introducing ourselves, for about ten minutes, and then he said "listen ladies I looked over your application for about 30 minutes before you got here. I've seen what I need to see. I'm approving your permanent residence as of today. Congratulations! You'll get the card in the mail in less than two weeks. Any questions?" 
SUCH A WHIRLWIND. But such amazing news !!! 
afterwards he told us “I don’t mean to be brash but don’t get a lawyer when you remove conditions. It’s super easy. You can do it yourself, don’t waste y’all’s money.” And then escorted us out and said congrats again ! 😂 

thank you all for your help! And thank you do this site for being my safety net and support system through this wild ride!