Denied at Interview

[SaraDee 9]

If I had done the Smallest amount of research? Now that's the joke. Tough love, that's even funnier. Keep up the good work!

I'm sorry, but yes. I really am not trying to be mean and am only saying this so that from here on out you take this very seriously. This process is a maze that we are all trying find our way through. It's hard, and unfortunately the USCIS cannot go based on your honesty and they have to go on tangible evidence. It seems to me that you have not gathered together enough over the past few years to prove a "real" marriage on paper. You have to think like the officer would think. The times of taking someone's word for it are long gone. The first thing I did when we got married was to research online about what was expected of us and over and over again I found websites that said we needed evidence of financial co-mingling. On the AOS application the instructions state that one of the ways to prove your marriage is a joint account.

Anyways, what's done is done. You can't go back in time and all you can do is try your best to find some evidence now. Maybe you could make an infopass appointment to get some information about what would be best to send as evidence. I think the bills she has paid for you etc, along with affidavits and maybe a letter from the person at the bank that convinced you not to be on the account would be good. I'm sure they would be able to give you some good ideas of what to do once you tell them what you can provide at this point. Also, if they give you good advice on what to send it may alleviate the stress a bit.

Good Luck.

[VanessaTony 3,567]

I'm sorry, but yes. I really am not trying to be mean and am only saying this so that from here on out you take this very seriously. This process is a maze that we are all trying find our way through. It's hard, and unfortunately the USCIS cannot go based on your honesty and they have to go on tangible evidence. It seems to me that you have not gathered together enough over the past few years to prove a "real" marriage on paper. You have to think like the officer would think. The times of taking someone's word for it are long gone. The first thing I did when we got married was to research online about what was expected of us and over and over again I found websites that said we needed evidence of financial co-mingling. On the AOS application the instructions state that one of the ways to prove your marriage is a joint account.

Anyways, what's done is done. You can't go back in time and all you can do is try your best to find some evidence now. Maybe you could make an infopass appointment to get some information about what would be best to send as evidence. I think the bills she has paid for you etc, along with affidavits and maybe a letter from the person at the bank that convinced you not to be on the account would be good. I'm sure they would be able to give you some good ideas of what to do once you tell them what you can provide at this point. Also, if they give you good advice on what to send it may alleviate the stress a bit.

Honestly, and not to be mean, but YOU didn't include an Affidavit of Support with your AOS application. You might have done it on purpose but you did it (or didn't do it rather). Your husband also hasn't filed his 2008 and 2009 tax return. These are all right there in the instructions so one could say that YOU should read the instructions and the guides more clearly. You know the old saying "those in glass houses shouldn't throw stones"...

This site is not here to place blame on people or judge them for something that is done, it does occur but nevertheless it's not it's purpose. Your post was NOT designed for "tough love". You wrote it simply because you were judging her and you wanted to say your piece under the guise of "helping her". The last paragraph of your latest post IS advice. The rest did not need to be written. Not to mention, the bolded portion is quite condescending.

**Edit - The day you joined you posted your first piece of "advice" here and then posted your question in regards to you not filing the I-864 with your AOS application and your husbands tax situation.

Edited June 27, 2010 by Vanessa&Tony

[Old Dominion 26]

Green cards aside, marriage is all about doing everything together, loving, enjoying, grieving, no longer having "his" or "hers" property and assets. I see where the interviewer was coming from. The way to isolate your business from your family's finances is to set up an LLC or some other device, for a very small fee, I might add. Maybe $100 in your state. Pay yourself as part of that business's overhead. Your CPA will be helpful in how to make it all happen.

[JimVaPhuong 4,863]

Green cards aside, marriage is all about doing everything together, loving, enjoying, grieving, no longer having "his" or "hers" property and assets. I see where the interviewer was coming from. The way to isolate your business from your family's finances is to set up an LLC or some other device, for a very small fee, I might add. Maybe $100 in your state. Pay yourself as part of that business's overhead. Your CPA will be helpful in how to make it all happen.

I'm far from being an expert on this, but would setting up an LLC now shift his current tax debt to the corporation? I somehow suspect it wouldn't or there would be a lot of people using that tactic to get out from under debts to the IRS.

Anyway, I can understand why his CPA recommended they file separate returns. He was thinking like a CPA, and didn't want his client's spouse 'injured' by his client's tax debt. Can't really expect a CPA to know anything about what's good for immigration.

Me and my wife got married the week after Christmas last year - just under the wire for being able to file a joint return for 2009. I managed to eek out a tiny refund, not even enough to take the family out for dinner at McDonald's. I opted for a check, rather than direct deposit to our joint account. We're not even going to cash it. We're going to frame it, since it's our first tax refund in both of our names. I thought it might be cute to include it in our evidence for the AOS interview.

[SaraDee 9]

Honestly, and not to be mean, but YOU didn't include an Affidavit of Support with your AOS application. You might have done it on purpose but you did it (or didn't do it rather). Your husband also hasn't filed his 2008 and 2009 tax return. These are all right there in the instructions so one could say that YOU should read the instructions and the guides more clearly. You know the old saying "those in glass houses shouldn't throw stones"...

This site is not here to place blame on people or judge them for something that is done, it does occur but nevertheless it's not it's purpose. Your post was NOT designed for "tough love". You wrote it simply because you were judging her and you wanted to say your piece under the guise of "helping her". The last paragraph of your latest post IS advice. The rest did not need to be written. Not to mention, the bolded portion is quite condescending.

**Edit - The day you joined you posted your first piece of "advice" here and then posted your question in regards to you not filing the I-864 with your AOS application and your husbands tax situation.

Yes, I didn't file my Affidavit of Support for the exact reason I was talking about, because I read all the documentation and wanted to make sure I did it right the first time, not because I didn't know any better. If anything, I came on here to do as much as I could to make sure we didn't make a mistake.

Also, I have read the instructions on the forms and that's why I haven't filed yet. I'm very well aware that I can't file it until the 2008 and 2009 taxes are complete.

Anyways, you made me see that I was being too harsh and I apologize for that. My intention really was not meant to judge, it was to wake him up to the severity of the situation, but I suppose that's not my place, so i appologize for that too. I really did mean to be helpful. If I didn't then I wouldn't have written any words of concern and advice. I got frustrated and I'm sorry if I took that out on the poster.

P.S The bold portion was highlighted accidentally. That was not on purpose and I didn't see it till you just pointed it out to me. I'll be more careful next time.

[Old Dominion 26]

I'm far from being an expert on this, but would setting up an LLC now shift his current tax debt to the corporation? I somehow suspect it wouldn't or there would be a lot of people using that tactic to get out from under debts to the IRS.

Anyway, I can understand why his CPA recommended they file separate returns. He was thinking like a CPA, and didn't want his client's spouse 'injured' by his client's tax debt. Can't really expect a CPA to know anything about what's good for immigration.

Me and my wife got married the week after Christmas last year - just under the wire for being able to file a joint return for 2009. I managed to eek out a tiny refund, not even enough to take the family out for dinner at McDonald's. I opted for a check, rather than direct deposit to our joint account. We're not even going to cash it. We're going to frame it, since it's our first tax refund in both of our names. I thought it might be cute to include it in our evidence for the AOS interview.

My suggestion was really looking forward to the time when his wife also has her own business. Not much can be done about the recent past; now it's time to protect for the future. In community property states, his wife would already be regarded as joint owner of the trucks and jointly responsible for the debts. Simply having separate bank accounts doesn't change that.

[ronnielee67 2]

My suggestion was really looking forward to the time when his wife also has her own business. Not much can be done about the recent past; now it's time to protect for the future. In community property states, his wife would already be regarded as joint owner of the trucks and jointly responsible for the debts. Simply having separate bank accounts doesn't change that.

Yes, but can her bank account be siezed by the IRS for my back taxes if my taxes returns are filed seperate and her account doesn't have my name on it?

[ronnielee67 2]

Ok, here's the new evedence of co mingling we have now to send in.

Our utilities are all paid to the city and have been in my name since 2002, 5 years before Ilyanas arrival.

Membership agreement from the YMCA with both our names on it. Bank statements showing it drafted from Ilyana's account every month.

My business web site in my name drafted from Ilyana's account.

Netflix in my name drated from Ilyana's account

Bank statements showing Ilyana paying my cell phone bill several times.

Bank statements showing Ilyana paying My cablevision/internet bill occasionally.

Statement showing where my bank account was closed with a negative $375 balance in 2007 (before she got here).

Statement from Ilyana's bank showing where I would have been denied if we would have tried to put my name on her account Due to my account closing with a negative balance prior to opening her account.

2 reciepts where I paid fees for my stepdaughters school with all 3 of our names on it. It was paid with my prepaid debit card.

Sworn , notarized affidavits in regards to what they know about us and my level of honesty and integrity from:

2 of my main business clients- 2yrs and 20 yrs

2 close friends-14 yrs and 10 yrs

2 neighboring families-8 yrs

My Father(also our landlord)

My Mother

What can a lawyer do?

Do I need more?

[kjmel38 1]

Yes, but can her bank account be siezed by the IRS for my back taxes if my taxes returns are filed seperate and her account doesn't have my name on it?

Hi! ronnielee67,

I felt so sorry for you guys ,to go to this process of AOS, As I re'd your first question the day you posted it, Yes you can Appeal, but I think this time ,not own your Own but get a Lawyer if you have chance to do it, and about some proof that maybe Accpetable that had been done before your interview date, is the Address proof in the mail even if seperated mail but in the same Address that appears your name & her name could be a Possible one, and Joint Affidavit of Support from your closes neighbor assuring they know you guys living together in the same address,you could right thier name and adress and make them signed, hoping that you have a good neighbor ,who is kind and willing to help others/the Reciept of the Airline ticket that you bought for her to get here Your name should be there as purchaser and her name as a Passenger that is one good evidenve too, about the I-864 , once you appeal you can submit that at the same time, but if in your opinion might your Taxation did not meet thier requirements ,you can ask some of your relative support to make it happen, well this is only my thoughts and advice, but still the final discission is always yours, Good luck & God bless to you guys.

Kjmel38

[Old Dominion 26]

Yes, but can her bank account be siezed by the IRS for my back taxes if my taxes returns are filed seperate and her account doesn't have my name on it?

From any legal standpoint except on paper, your assets are now commingled; she is paying some of your business expenses, for one thing. Possibly back taxes, owed prior to your marriage, would not trigger seizure of her account, but I am not sure of IRS regulations; as far as I know, one person's debts become a joint responsibility after marriage in some states.

I hope you can convince the USCIS that your marriage is complete, and not just a sleeping/social arrangement that can be quickly abandoned upon her receipt of the green card.

It's a tough situation and I wish you all good luck!

Edited June 30, 2010 by Old Dominion

[Adman 0]

AOS does NOT need to be done within 90 days of marriage. There's really no issue with waiting this long BUT someone raised an interesting point.

Technically this couple are applying for AOS BUT they're also applying for ROC because after a 2 year marriage you get the non-conditional greencard. Therefore this couple needs to pass the ROC stuff, which is as someone mentioned, that after so long their relationship should have MUCH more proof of co-mingling by this stage.

Not to derail this thread, but I actually have a question with regards to this. We just filed our AOS, almost exactly 3 years after we got married. We wanted to file sooner but we had financial troubles of our own (now resolved, thankfully). We fully expect to get an interview because of how long it's been, and because I would be getting a 10-year green card.

We assumed that we wouldn't have to file an I-751 for ROC because of taking more than 2 years to file AOS (and because we obviously don't have a green card to make copies of for the packet you would send with an I-751), but ronnie talks about paying "$700 for passing the 2 year mark", which I can only assume refers to ROC. Have you (or anyone else) got any idea what we're actually expected to do?

[JimVaPhuong 4,863]

Not to derail this thread, but I actually have a question with regards to this. We just filed our AOS, almost exactly 3 years after we got married. We wanted to file sooner but we had financial troubles of our own (now resolved, thankfully). We fully expect to get an interview because of how long it's been, and because I would be getting a 10-year green card.

We assumed that we wouldn't have to file an I-751 for ROC because of taking more than 2 years to file AOS (and because we obviously don't have a green card to make copies of for the packet you would send with an I-751), but ronnie talks about paying "$700 for passing the 2 year mark", which I can only assume refers to ROC. Have you (or anyone else) got any idea what we're actually expected to do?

You are correct. According to INA section 216(g)(1), "a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage". In other words, if the marriage is more than two years old at the time the alien obtains permanent residency, then the residency is not conditional. No removal of conditions is required.

[ronnielee67 2]

Not to derail this thread, but I actually have a question with regards to this. We just filed our AOS, almost exactly 3 years after we got married. We wanted to file sooner but we had financial troubles of our own (now resolved, thankfully). We fully expect to get an interview because of how long it's been, and because I would be getting a 10-year green card.

We assumed that we wouldn't have to file an I-751 for ROC because of taking more than 2 years to file AOS (and because we obviously don't have a green card to make copies of for the packet you would send with an I-751), but ronnie talks about paying "$700 for passing the 2 year mark", which I can only assume refers to ROC. Have you (or anyone else) got any idea what we're actually expected to do?

It was I-130. $350 each for my wife and her daughter. I didn't have a clue. I took an info pass to have them double check my I 485 before I sent it.(if anyone don't know , you can do that . As far as I know as much as you want). I don't call that help number because it never seems to help.

Anyway, The lady there looking at our forms told me I had to send the I-130 because we waited over two years. It was not planned . It took that long to finally be secure enough to let go of $2000. And now it's gonna be $700 more!

[VanessaTony 3,567]

It was I-130. $350 each for my wife and her daughter. I didn't have a clue. I took an info pass to have them double check my I 485 before I sent it.(if anyone don't know , you can do that . As far as I know as much as you want). I don't call that help number because it never seems to help.

Anyway, The lady there looking at our forms told me I had to send the I-130 because we waited over two years. It was not planned . It took that long to finally be secure enough to let go of $2000. And now it's gonna be $700 more!

Your profile indicates you entered on a K1 visa.. soo... someone is BULLSHITTING you. There is NO need to file an i-130. It's a petition for alien relative,.. wow.. who told you this? USCIS? A lawyer? There is NO deadline for applying for AOS from a K1 visa... NONE. Not filing for 2 years should be avoided because of what this topic demonstrates, but also because the immigrant cannot LEAVE or work in the US once their I-94 expires, lest they want to abandon the K1/AOS process...

As Jim said, filing after 2 years simply means a 10 year card, but you will be treated more strictly and need to show the same sort of evidence you would if you were filing for ROC (meaning LOTS of evidence of co-mingling)

[JimVaPhuong 4,863]

Your profile indicates you entered on a K1 visa.. soo... someone is BULLSHITTING you. There is NO need to file an i-130. It's a petition for alien relative,.. wow.. who told you this? USCIS? A lawyer? There is NO deadline for applying for AOS from a K1 visa... NONE. Not filing for 2 years should be avoided because of what this topic demonstrates, but also because the immigrant cannot LEAVE or work in the US once their I-94 expires, lest they want to abandon the K1/AOS process...

As Jim said, filing after 2 years simply means a 10 year card, but you will be treated more strictly and need to show the same sort of evidence you would if you were filing for ROC (meaning LOTS of evidence of co-mingling)

WHOOPS! I missed that!

INA section 245(d) won't allow someone who entered with a K1 visa to adjust to any status other than conditional resident.

The Attorney General may not adjust' date=' under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) [b']except to that of an alien lawfully admitted to the United States on a conditional basis under section 216[/b] as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K).

Section 101(a)(15)(K) describes K1 visas. A person who entered with a K1 visa, and who has been married for more than two years is no longer eligible for conditional residency. I think she may be right. I think an I-130 may be required.