Denied at Interview

[ronnielee67 2]

We were denied because we didn't have any joint accounts. We have been married for almost 3 years, tons of pictures with family, cards and letters mailed to the same address.

Prior to opening my wife's bank account, my business went under and my account closed with a negative balance. That was 6 months before she even got here. So, we didn't put my name on her account as to not effect her newly starting finances here. Ilyana's bank statements and cell phone bills are mailed to the same address.

My taxes were filed seperately. She's never had a job so dosn't have anything to file.

We have plenty of proof that we're married and living in the same home, but the officer seemed mostly concerned about joint payments.

He did agree to RFE us to give us a chance to find some evidence of that sort but any accounts started after the interview date(today) wouldn't be acceptable. So, we're denied unless I can come up with some joint account or purchase of some kind. He said we would not be refunded any of the money if denied. True? 2000 for wife and step daughter AOS and another 700 for filing too late. 500 for the medicals that will expire soon.

We can appeal right?

[pushbrk 12,883]

We were denied because we didn't have any joint accounts. We have been married for almost 3 years, tons of pictures with family, cards and letters mailed to the same address.

Prior to opening my wife's bank account, my business went under and my account closed with a negative balance. That was 6 months before she even got here. So, we didn't put my name on her account as to not effect her newly starting finances here. Ilyana's bank statements and cell phone bills are mailed to the same address.

My taxes were filed seperately. She's never had a job so dosn't have anything to file.

We have plenty of proof that we're married and living in the same home, but the officer seemed mostly concerned about joint payments.

He did agree to RFE us to give us a chance to find some evidence of that sort but any accounts started after the interview date(today) wouldn't be acceptable. So, we're denied unless I can come up with some joint account or purchase of some kind. He said we would not be refunded any of the money if denied. True? 2000 for wife and step daughter AOS and another 700 for filing too late. 500 for the medicals that will expire soon.

We can appeal right?

I take it this is an adjustment of status case, not a K1. (even if adjusting from K1)

The issue is not proving you are married and living in the same home. The issue is to show convincing evidence you have a bona fide ongoing RELATIONSHIP. Focus on the relationship, not the "married". Being married for three years while having no joint accounts or even both names on a utility bill or other business mail is pretty unusual. What happened in the interview to start things going in the wrong direction?

Yes, of course you can appeal.

[Jewel-8 21]

We were denied because we didn't have any joint accounts. We have been married for almost 3 years, tons of pictures with family, cards and letters mailed to the same address.

Prior to opening my wife's bank account, my business went under and my account closed with a negative balance. That was 6 months before she even got here. So, we didn't put my name on her account as to not effect her newly starting finances here. Ilyana's bank statements and cell phone bills are mailed to the same address.

My taxes were filed seperately. She's never had a job so dosn't have anything to file.

We have plenty of proof that we're married and living in the same home, but the officer seemed mostly concerned about joint payments.

He did agree to RFE us to give us a chance to find some evidence of that sort but any accounts started after the interview date(today) wouldn't be acceptable. So, we're denied unless I can come up with some joint account or purchase of some kind. He said we would not be refunded any of the money if denied. True? 2000 for wife and step daughter AOS and another 700 for filing too late. 500 for the medicals that will expire soon.

We can appeal right?

What about anything else joint? Have you taken any trips together that would have both of you on the hotel bill since she came here? Is she listed on your car insurance? Life insurance policies? Can you get notarized affidavits from friends and family about their view of your relationship? Is she authorized to rent movies on your blockbuster account? ok, the last onemight not really fly, but it might help jog your memory.

[TracyTN 237]

Moving thread from K1 process forum to AOS forum.

[TracyTN 237]

I think the others have covered the topic pretty well - but no, you won't get any sort of a refund if you're denied.

[ronnielee67 2]

I take it this is an adjustment of status case, not a K1. (even if adjusting from K1)

The issue is not proving you are married and living in the same home. The issue is to show convincing evidence you have a bona fide ongoing RELATIONSHIP. Focus on the relationship, not the "married". Being married for three years while having no joint accounts or even both names on a utility bill or other business mail is pretty unusual. What happened in the interview to start things going in the wrong direction?

Yes, of course you can appeal.

It started goin bad when he asked about my filing taxes seterately. He asked why. Well, because I have a business and she has never worked here. If I file joint and I should die, the IRS and State would hold her responsible for any owed taxes I had because we file together, Right?

Now her bank account, My business went under and my account was closed with a negative balance. I had to get a job for about 6 months until It picked up again and has continued to grow over the last 2 years. Nevertheless, the executive opening her account at the bank did assure me that it would be better for her future credit to leave my name off it. I told him this. Maybe the interviewer thought I was trying to hide something from someone. I was just trying to do what was best for her future if something should happen to me.

Now the Utilities are all together with the city in my name before she got here. I own 3 trucks. She doesn't drive so she's not on my insurance. Cable/internet-why would someone have 2 names on this? I know now. Cell phone-I just added one for her. HEALTH INSURANCE-not yet, but we plan to get it but it looks like we're gonna be spending everything we can get on this again.

We do have a family membership at the YMCA but didn't have anything with both our names on it at the interview.

He kept sayin things like comingling funds. And he said more than once that this is why people get married. At one point I told him "that's not why we got married", to buy stuff together. He then tells me that's not what he said even though it was almost exactly. People marry for financial reasons.

We'll be together 3 years in august. For the most, no problems except finacial because, 7000 for a truck for our business last year so we could keep working, 3200 for AOS, she and her daughter could not get jobs until we first sent the AOS money to get the authorization cards which came only a month or so ago.

Just getting to this point has been a struggle and now we could get ahead and work towards something that we could put both our names on but it maybe that we have to do it all over again.

Is there any hope in an appeal? And , What about our neighbors, family and friends that know we have a bonified marriage?

[VanessaTony 3,567]

We were denied because we didn't have any joint accounts. We have been married for almost 3 years, tons of pictures with family, cards and letters mailed to the same address.

Prior to opening my wife's bank account, my business went under and my account closed with a negative balance. That was 6 months before she even got here. So, we didn't put my name on her account as to not effect her newly starting finances here. Ilyana's bank statements and cell phone bills are mailed to the same address.

My taxes were filed seperately. She's never had a job so dosn't have anything to file.

We have plenty of proof that we're married and living in the same home, but the officer seemed mostly concerned about joint payments.

He did agree to RFE us to give us a chance to find some evidence of that sort but any accounts started after the interview date(today) wouldn't be acceptable. So, we're denied unless I can come up with some joint account or purchase of some kind. He said we would not be refunded any of the money if denied. True? 2000 for wife and step daughter AOS and another 700 for filing too late. 500 for the medicals that will expire soon.

We can appeal right?

Here are a few notes:

- your said HER phone bills. Does she have a separate phone bill to you? If you're on the same account, show proof of that. Or personally I would include a note of WHY she's not on yours... I have to admit I find it strange if she isn't.

- What about a drivers licence or state ID? Does she have any of that to show same address?

- What about joint payments? Do you have any proof of her paying "joint" bills? Or you paying her bills? (such as transfers from her account to bills, or cheques paying bills)

- Do you have any proof of you putting money in her account? (i.e. proof of transfers from your account to hers)

- What about health insurance? Car insurance? Do you have her as a nominated driver on your car or something? What about work health insurance or personal insurance or life insurance listing her as beneficiary or as joint on those accounts

- what about joint trips? Do you have travel itineraries? proof of plane tickets and photos together from trips.

- Affidavits from friends and family?

- Is she on the lease/title of the place you're staying? Can you get an affidavit from neighbours or landlord of living together?

- Also, not to be rude, why hasn't she been added to your bank accounts now? It's been 3 years after all. You could have at least added her as an authorised user of one of your cards. Without her SSN it wouldn't affect her credit rating.

You see, living under the same roof doesn't show that you're in a relationship other than housemate relationship. She could just be a friend you helped immigrate and once she has the card that's it. You also filed REALLY long after she arrived, seemingly to avoid getting the 2 year conditional card (because she should just get the 10 year one) so this makes it look more suspicious.

Money matters are something that tend to be more personal. People just renting together don't typically share bank accounts, or credit cards, or pay each others phone bills and other sorts of bills or share health insurance either... and if they do they're obviously close friends at least... and very trusting.

Anyway, good luck with finding some evidence. I'm sure there's something somewhere you just haven't thought about.

**Edited - what about receipts from birthday purchases? Or anniversary purchases? What about a receipt and a photo of her wearing it (date stamped of course)

Edited June 14, 2010 by Vanessa&Tony

[ronnielee67 2]

Here are a few notes:

- your said HER phone bills. Does she have a separate phone bill to you? If you're on the same account, show proof of that. Or personally I would include a note of WHY she's not on yours... I have to admit I find it strange if she isn't.

- What about a drivers licence or state ID? Does she have any of that to show same address?

- What about joint payments? Do you have any proof of her paying "joint" bills? Or you paying her bills? (such as transfers from her account to bills, or cheques paying bills)

- Do you have any proof of you putting money in her account? (i.e. proof of transfers from your account to hers)

- What about health insurance? Car insurance? Do you have her as a nominated driver on your car or something? What about work health insurance or personal insurance or life insurance listing her as beneficiary or as joint on those accounts

- what about joint trips? Do you have travel itineraries? proof of plane tickets and photos together from trips.

- Affidavits from friends and family?

- Is she on the lease/title of the place you're staying? Can you get an affidavit from neighbours or landlord of living together?

- Also, not to be rude, why hasn't she been added to your bank accounts now? It's been 3 years after all. You could have at least added her as an authorised user of one of your cards. Without her SSN it wouldn't affect her credit rating.

You see, living under the same roof doesn't show that you're in a relationship other than housemate relationship. She could just be a friend you helped immigrate and once she has the card that's it. You also filed REALLY long after she arrived, seemingly to avoid getting the 2 year conditional card (because she should just get the 10 year one) so this makes it look more suspicious.

Money matters are something that tend to be more personal. People just renting together don't typically share bank accounts, or credit cards, or pay each others phone bills and other sorts of bills or share health insurance either... and if they do they're obviously close friends at least... and very trusting.

Anyway, good luck with finding some evidence. I'm sure there's something somewhere you just haven't thought about.

**Edited - what about receipts from birthday purchases? Or anniversary purchases? What about a receipt and a photo of her wearing it (date stamped of course)

I thank you for your concern, but in regards to your remarks, you must not have read this post below.

Briefly though, I don't have a bank account at present due to my business going under, she doesn't have a drivers liscence because she can't get one without the EAD card that we only recently recieved because of not having $3200 too file AOS because of trying to survive while rebuilding my business that is doing well now. The cell phone is a local cheap unlimited that can only be used in our area. Perfect for her long, long conversations with the few friends that she rarely sees in person. It seems to me kind of rediculous to compare protecting an empty bank account against a would be fraudulant wife to the cost of taking care of her and her now 18 year old daughter for 3 years.

The important aspects seem to be out of order. What we have put into our Marriage over 3 years compared to a simple act of putting someones name on an account.

I don't get itr. At least investigate it more instead of deial. The magnatude of the decision has far to great afect on a family in our financial state. Staring out new.

A post prior to your remarks you may not have read.

It started goin bad when he asked about my filing taxes seterately. He asked why. Well, because I have a business and she has never worked here. If I file joint and I should die, the IRS and State would hold her responsible for any owed taxes I had because we file together, Right?

Now her bank account, My business went under and my account was closed with a negative balance. I had to get a job for about 6 months until It picked up again and has continued to grow over the last 2 years. Nevertheless, the executive opening her account at the bank did assure me that it would be better for her future credit to leave my name off it. I told him this. Maybe the interviewer thought I was trying to hide something from someone. I was just trying to do what was best for her future if something should happen to me.

Now the Utilities are all together with the city in my name before she got here. I own 3 trucks. She doesn't drive so she's not on my insurance. Cable/internet-why would someone have 2 names on this? I know now. Cell phone-I just added one for her. HEALTH INSURANCE-not yet, but we plan to get it but it looks like we're gonna be spending everything we can get on this again.

We do have a family membership at the YMCA but didn't have anything with both our names on it at the interview.

He kept sayin things like comingling funds. And he said more than once that this is why people get married. At one point I told him "that's not why we got married", to buy stuff together. He then tells me that's not what he said even though it was almost exactly. People marry for financial reasons.

We'll be together 3 years in august. For the most, no problems except finacial because, 7000 for a truck for our business last year so we could keep working, 3200 for AOS, she and her daughter could not get jobs until we first sent the AOS money to get the authorization cards which came only a month or so ago.

Just getting to this point has been a struggle and now we could get ahead and work towards something that we could put both our names on but it maybe that we have to do it all over again.

Is there any hope in an appeal? And , What about our neighbors, family and friends that know we have a bonified marriage?

Thank you.

[NArocks 13]

Add her and the daughter as non rated drivers on the car insurance it does not effect you premiums as I did this for hubby beore he got his EAD and he was on it from then on. Same for the oldest son. YOU have to prove bonafides to the USCIS it is not their job to invnestigate but for YOU to bring the proof of co mingling.'See if the utility comapnies will add her , open a saving account in both names.What about a lease? if you own your home your mortage comapny can wirte a letter stating why it would not benifit you to add your wife due to x, y circumstance. You are being given advice that you asked for. Take it for what it is worth.......

[Kathryn41 3,205]

Get a state ID - she doesn't need a driver's license but a State ID will show the residential address. Write your wills making each other your heirs - and including your step-daughter in yours as well. You don't have health insurance but have you any bills from a doctor or dentist for either your wife or daughter that you have paid out of your account? Have you taken trips together and have boarding passes showing you travelling together? What about letters affirming your relationship from your family members - and from her family members, from friends, from a minister or priest at a church you attend - think creatively here. How does she pay for things? Where does she get the money that is in her account since she doesn't work? Do you give her cash or do you transfer money into her account - try to match up the withdrawals from your account and the deposits into her account if that is the case - and if not, where does she get money for her account? Does she have a chequing account? Does she write cheques for household things such as groceries or maintenance or whatever? Highlight those items on her statement or get copies of the cancelled cheques. Think of anything that you have that shows you jointly are responsible for the maintenance of the home and yard. Have you had any maintenance or repairs done while you are at work and she is at home to sign the work orders or receipts? What about school registration for the daughter? Are both of your names listed as parents or emergency contacts? It's too late now but you could still have added her as co-owner for one of the trucks even if she doesn't drive.

Edited June 15, 2010 by Kathryn41

[trailmix 77]

The important aspects seem to be out of order. What we have put into our Marriage over 3 years compared to a simple act of putting someones name on an account.

I don't get itr. At least investigate it more instead of deial. The magnatude of the decision has far to great afect on a family in our financial state. Staring out new.

You need (or needed) to adjust the way you are thinking about this. Yes your marriage and how you have worked on it is important to you and your wife and family, it is not important to immigration (as such).

Is it wasteful to install a landline phone in your house so you can both have your name on a bill? Is it silly to have your wife pay the bill with a cheque one month and you pay it the next month and get a cash receipt?

Yes, of course these things are a waste of time and money and normal couples don't do things that way - but this isn't 'normal' - it's immigration and you need to spend some money sometimes to prove these - things.

So start thinking about proving it.

[ronnielee67 2]

Add her and the daughter as non rated drivers on the car insurance it does not effect you premiums as I did this for hubby beore he got his EAD and he was on it from then on. Same for the oldest son. YOU have to prove bonafides to the USCIS it is not their job to invnestigate but for YOU to bring the proof of co mingling.'See if the utility comapnies will add her , open a saving account in both names.What about a lease? if you own your home your mortage comapny can wirte a letter stating why it would not benifit you to add your wife due to x, y circumstance. You are being given advice that you asked for. Take it for what it is worth.......

What I meant by investigate was Don't be so fast to say denied. There should be somethings left that we could do to satisfy them. As for the advice, Know the situation first. Anything opened or started from here on is useless according to this officer.

I explained that above. I guess you didn't read it. He said as far as Finances and such go, it has to be something started before he told me about it at the interview. Yes, I can go get all kinds of joint accounts,insurance policies , phones and even finance a used car. And I will now because the officer already gave me that advice WHEN WE WERE DENIED TODAY. To change his decision, I need something else. I also asked if anyone knew about what kind of hope we have at an appeal if we can't satisfy him with the RFE he's going to send.

Thank you for your advice

[ronnielee67 2]

Get a state ID - she doesn't need a driver's license but a State ID will show the residential address. Write your wills making each other your heirs - and including your step-daughter in yours as well. You don't have health insurance but have you any bills from a doctor or dentist for either your wife or daughter that you have paid out of your account? Have you taken trips together and have boarding passes showing you travelling together? What about letters affirming your relationship from your family members - and from her family members, from friends, from a minister or priest at a church you attend - think creatively here. How does she pay for things? Where does she get the money that is in her account since she doesn't work? Do you give her cash or do you transfer money into her account - try to match up the withdrawals from your account and the deposits into her account if that is the case - and if not, where does she get money for her account? Does she have a chequing account? Does she write cheques for household things such as groceries or maintenance or whatever? Highlight those items on her statement or get copies of the cancelled cheques. Think of anything that you have that shows you jointly are responsible for the maintenance of the home and yard. Have you had any maintenance or repairs done while you are at work and she is at home to sign the work orders or receipts? What about school registration for the daughter? Are both of your names listed as parents or emergency contacts? It's too late now but you could still have added her as co-owner for one of the trucks even if she doesn't drive.

Thank you for the school and doctor ideas. Yes, I paid a small fortune in that area.

[Lorenzoid 12]

I believe what they want to see is tangible evidence of financial and legal commitment to each other, interdependence on each other, and merging of your separate lives into one. Marriage as a legal state of being is sort of a statement of your intent to merge your separate lives into one, but marriage in itself is not actually merging much of anything. I think they want to see that you owe mutual obligations--legal, financial, moral, etc.--to each other. As others have said, things like naming her as a beneficiary in your life insurance or an heir in your Will would seem good evidence of legal and financial commitment to each other. Health insurance is clearly a major area. In addition to a will, how about a Healthcare Power of Attorney?--that's a legal document in which you give her the power to make healthcare decisions for you in the event you become unable to do so for yourself. Seems to me that that's a powerful bit of evidence that you depend on each other for the most serious of matters. You can get a lawyer to make these for you, or there is software available to make such legal documents.

[baron555 934]

He kept sayin things like comingling funds. And he said more than once that this is why people get married.

Why didn't you open up another joint account, just to have hers and your name on it? Don't you understand that with these international relationships and proving them to USCIS demands that you do things outside the box?

Good Luck.