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N400 - proof or marriage and RFE

#1 kelzm

kelzm

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Posted 15 September 2011 - 04:15 PM

I'm a little frustrated so I thought I'd post here and share my citizenship journey with everyone.

I married my husband 4 years ago and moved here 3 years ago today. I came in on an I-130 as a conditional permanent resident and adjusted status 2 years later. All of those processes were simple and smooth.

I filed for the N400 88 days before my 3 year residency requirement (due to marriage) was up. The process after this was quick and smooth and I had my interview last week, a week before my 3 year anniversary.

The interviewing officer was not very polite, I expected this could happen and made sure to remain as polite and neutral towards him as possible. My interview was full of heavy sighs and head shakes. Before I sat down he told me he was delayed interviewing me as the people he had first were 'problems'. He proceeded to give me my oath to tell the truth then went through all the questions. His voice was monotone and he spoke very quickly, all I can say is that I am glad that English is my first language.

I passed the civics test, english reading and writing and signed my photo's. He then flipped through my files looking at the evidence in there. He went through the 3 years of tax transcripts I'd submitted, and then looked at the other miscellaenous items I'd sent in, just in case. These included copies of car insurance with both our names, copies of our health insurance to show that I was insured via my husbands work, letters addressed to us both at our place of residence and copies of flight itineraries and boarding passes for trips taken. He shook his head and muttered about not being able to use this stuff. Which I assume was the itineraries etc. I had other items in my bag including husbands passport and birth certificate, just in case, information for my son who is in New Zealand finishing high school etc. My husband had already got the house and mortgage before I moved over my name is not on the mortgage or on any of the bills (water, phone etc)

He closed my file and told me that he did not have time to review the evidence then or look at anything else I had with me. That regardless I was not eligible to be approved till next week at which point he'd look through my file an look at my evidence. He told me that he likely would not approve my case and would need more proof of marriage but he could not discuss it or tell me what, just to wait for his letter.

Today when I checked my case status there is an RFE there. I guess that now I have to wait to see what it is they require of me and hope that I can meet what they need.

So very frustrated.




  • 0
Married: 08/05/2007
I-130 sent CSC: 08/09/2007
NOA 1: 09/05/2007
NOA 2: 02/19/2008
NVC case number assigned: 03/04/2008
Case complete at NVC: 05/12/2008
Case sent to Consulate: 05/28/2008
Consulate received: 06/03/2008
Interview & Approval: 07/07/2008
Passport with Visa received: 07/11/2008
POE San Francisco: 09/15/2008

#2 Shakil

Shakil

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Posted 15 September 2011 - 05:19 PM

Hang tight. I know this is frustrating. Even if they ask for evidence, you won't have anymore so just send in whatever you can, even if you had sent it before. Normally tax returns are enough but every case is different and so is every IO. Make sure you make copies of everything you sent in. I have read on this forum that someone was supposed to get an RFE but didn't and case automatically got approved when 3 year anniversary was up. So don't get too worried about it. Stay calm and patient.
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Our Timeline

06/23/2006 Happiest day of my life, got married to my lovely Wife!

AOS
11/27/06 I-485 / I-765 Sent (Overnight)
11/28/06 I-485 / I-765 Received
12/01/06 Notice Date for both
12/02/06, 12/04/06, 12/05/06, 12/06/06, 12/10/06, 12/11/06 Touched !!!
12/19/06 Interview letter Issued!
12/26/06 Interview Notice Received!
02/13/07 Interview
08/25/08 Filed Writ of Mandamus (Law Suit) against USCIS, DOS, FBI
09/16/08 Application Approved (IR6)
09/22/08 Card Production Ordered
09/23/08 Welcome Notice Received
09/29/08 10 YR. GC Received!

N-400
07/18/11 N-400 Sent (Overnight) UPS
07/19/11 N-400 Received
08/23/11 Case status changed - FP letter sent
08/26/11 Fingerprint notice received in mail
08/26/11 Early Fingerprints completed
09/13/11 Original Fingerprints scheduled date
08/30/11 Case status updated: In-Line to be scheduled for an interview
09/12/11 Case status updated: Interview is now scheduled
09/15/11 Interview letter received!
10/19/11 Interview at Santa Ana, CA - I-130 is not approved in file
10/19/11 RFE issued
10/27/11 RFE response received and is being reviewed - even though I didn't get any RFE or responded to one!
11/11/11 Notification for Placed in que for oath ceremony
11/15/11 Notification for Oath being scheduled
11/18/11 N-445 Oath letter received
12/15/11 Oath Ceremony - Its all over! I AM FINALLY A US CITIZEN!

#3 kelzm

kelzm

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Posted 15 September 2011 - 06:23 PM

Thanks Shakil,

You're right the best thing to do is stay calm and patient. My husband said the same thing when I spoke to him but I didn't want to listen at the time and instead went in to the bathroom at work to throw a little tantrum!

I'm feeling a lot calmer now and all I can do is cross my fingers and hope that I'll be lucky and get that approval just like the other RFE people you mentioned did!

I'm just so keen to get this process behind me!
  • 0
Married: 08/05/2007
I-130 sent CSC: 08/09/2007
NOA 1: 09/05/2007
NOA 2: 02/19/2008
NVC case number assigned: 03/04/2008
Case complete at NVC: 05/12/2008
Case sent to Consulate: 05/28/2008
Consulate received: 06/03/2008
Interview & Approval: 07/07/2008
Passport with Visa received: 07/11/2008
POE San Francisco: 09/15/2008

#4 Shakil

Shakil

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Posted 15 September 2011 - 06:43 PM

By your post, you seem to have submitted enough evidence. However, they may ask for something in particular. Nonetheless, don't worry as you are not wrong, you didn't lie. Keep reminding yourself, it is right and just, you will get it. Just have to be patient and stay calm.
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Our Timeline

06/23/2006 Happiest day of my life, got married to my lovely Wife!

AOS
11/27/06 I-485 / I-765 Sent (Overnight)
11/28/06 I-485 / I-765 Received
12/01/06 Notice Date for both
12/02/06, 12/04/06, 12/05/06, 12/06/06, 12/10/06, 12/11/06 Touched !!!
12/19/06 Interview letter Issued!
12/26/06 Interview Notice Received!
02/13/07 Interview
08/25/08 Filed Writ of Mandamus (Law Suit) against USCIS, DOS, FBI
09/16/08 Application Approved (IR6)
09/22/08 Card Production Ordered
09/23/08 Welcome Notice Received
09/29/08 10 YR. GC Received!

N-400
07/18/11 N-400 Sent (Overnight) UPS
07/19/11 N-400 Received
08/23/11 Case status changed - FP letter sent
08/26/11 Fingerprint notice received in mail
08/26/11 Early Fingerprints completed
09/13/11 Original Fingerprints scheduled date
08/30/11 Case status updated: In-Line to be scheduled for an interview
09/12/11 Case status updated: Interview is now scheduled
09/15/11 Interview letter received!
10/19/11 Interview at Santa Ana, CA - I-130 is not approved in file
10/19/11 RFE issued
10/27/11 RFE response received and is being reviewed - even though I didn't get any RFE or responded to one!
11/11/11 Notification for Placed in que for oath ceremony
11/15/11 Notification for Oath being scheduled
11/18/11 N-445 Oath letter received
12/15/11 Oath Ceremony - Its all over! I AM FINALLY A US CITIZEN!

#5 Brother Hesekiel

Brother Hesekiel

    No B.S. Member



Posted 16 September 2011 - 12:56 AM

You made a few unnecessary mistakes.

First, you filed too early. This way the I.O. could not approve you even if he wanted to. Secondly, you brought documents that belong to the RoC, but not the naturalization process. Again that gave the I.O. the opportunity to dislike them.

Like in court, you need to focus on what's required, not more. You also must make it easy for the jury or judge to rule in your favor. Anything that can sabotage your plan you should not do. Well, hindsight is always 20/20, but other members may benefit from this, which is why I brought it up.

All that said, you are not asking for a favor, but you are exercising your right. Unless you committed a crime, are guilty of misrepresentation, or violated the continuous residency requirement, the I.O. cannot disapprove you even if you didn't brush your teeth or wore stinky clothes. The worst thing he can do to you is ask for something you then will provide. This may delay your naturalization for a few weeks, but it won;t stop you. It's also possible and in IMNSHO more likely that the RFE in your case status is just hot air and that the N-445 will arrive in about four weeks out of the blue sky.

New Zealand, huh?
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#6 kelzm

kelzm

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Posted 16 September 2011 - 01:18 AM

Yes, hopefully down the track this info will be helpful for someone else.

I debated filing early but as my son turns 18 in December I decided that I'd take the risk and send it in. I did try and calculate it close enough based on the times I'd seen in processing that I'd get my interview close to, but after my anniversary date. Turns out San Jose was just a bit too speedy for my reckoning. Ah well. Live and learn.

I'll be waiting to see what other evidence they're asking for as I submitted what was asked for (tax transcripts) although I did include the extra pieces of info with insurance documents, flight itinerary and the pieces of mail. I did this primarily after reading threads here where people were asked to provide multitudes of info. Hopefully others will see this post and send in just the required evidence and not have to risk an IO who's obviously having a bad day/life taking offense.

I'm hoping for the hot air result and will post when I find out any more.
  • 0
Married: 08/05/2007
I-130 sent CSC: 08/09/2007
NOA 1: 09/05/2007
NOA 2: 02/19/2008
NVC case number assigned: 03/04/2008
Case complete at NVC: 05/12/2008
Case sent to Consulate: 05/28/2008
Consulate received: 06/03/2008
Interview & Approval: 07/07/2008
Passport with Visa received: 07/11/2008
POE San Francisco: 09/15/2008

#7 NickD

NickD

    Super Elite Member



Posted 16 September 2011 - 08:22 AM

Some of these IO's really go way overboard on this three year marriage thing, think your marriage certificate should be enough. Many of our friend had problems including us. One friend had this exact same problem.

My husband had already got the house and mortgage before I moved over my name is not on the mortgage or on any of the bills (water, phone etc)


She had to go in with her husband with letters from his bank stating that to add her to his deed would require refinancing of their home, at that time, at a much higher interest rate, plus a stiff refinancing charge. He also brought in copies of state statues showing that with marriage, his home was already half hers, with or without her name on the deed. Another had problems with excessive delays on lack joint utility bills, not even required evidence. With this knowledge I got a joint utility bill, surprised, but wifes' IO was also not exactly polite and a bit irritated she had that.

My home was already paid off, but didn't want to spend 500 bucks to hire an attorney to mistype the new deed. These basterds have a monopoly on the forms, but I found those after quite a search, so could sell my home from me to me and my wife and only pay a ten buck registration fee.

Makes you wonder if applying for the three year marriage is even worth the effort. Sure wasn't for us, thought my wife could get by with just her US passport, that was a joke.

Nothing wrong with applying 88 days early, is the law, exactly the number of days before my wifes' third LPR anniversary and at that time was taking over a year for your interview. But she was called in two weeks after her third anniversary, quite a surprise to us. But many here have been called in before their third year anniversary, passed and approved, but told they would have to wait before getting their oath appointment.

Ha, don't pay any attention to JustBob's post, he went for the five year, a huge difference. And we all walk in guilty of fraud until we prove ourselves innocent, not a good way to go in as you feel you have to justify yourself. You are guilty without even knowing what the charges are so tend to get all the evidence you can think of. But none of this is required for the five year.

We wish each of us good luck with their interview, and luck is the precise word to use, stuff you have no control over. Traffic accidents, bad weather, and most important, getting a decent IO. Ironically both my wife and stepdaughter had the bad misfortune of getting former immigrants for IO's. One would think since they went through the process, would be a bit kinder and more understanding, but hardly the case.

Have to sit tight and learn what they want for additional evidence if that is what they want. They have 120 days to do that. Or maybe the supervisor already knows this IO is a basterd and will go ahead and approve you anyway. Neither of my wife nor stepdaughters' IO wanted to argue with my senators office.

This how trivial some government agents can be. Yesterday, had an FAA inspection where data is recorded on a form that hasn't changed in the last 20 years. But the date the form was printed at the lower left hand corner changes yearly, nothing else is changed. The inspectors boss, wants the date that form was filled out to correspond to that meaningless date. No reason for me to argue this, just said, have your boss give us those dated forms we need for the last twenty years, and will transfer the data over to those dated forms so they correspond. No problem for me, will charge for that, but further thought on this subject, I would by lying about the date I signed those forms. See what happens, but can tell you, you only run into ####### like this when dealing with our overpaid government.
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#8 kelzm

kelzm

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Posted 16 September 2011 - 11:19 PM

Well, unfortunately all that crossing my fingers did not help.



Form N14 arrived today in the mail. It seems to be a form letter that states additional information is needed before my application can be acted upon.


The letter requests:


a) Photocopies of financial docuents proving joint accounts to include joint income tax returns for the year 2011 (along with photocopies of the W-2 forms) and joint bank account statements for the years 2008, 2009, 2010, 2011


b) Evidence showing joint ownership or rental agreements showing joint owenership/rental of homes, automobiles and any other jointly owned or rented property.


c) Phtocopiesof jointly paid utilities from 2008 to present


d) Photocopies of wills and trusts in which either or both spouses are beneficiary

Now this is a major problem for me. Obviously he has our three years of tax transcripts from 2008, 2009, 2010 which I already sent in and he is not asking for those. He is asking for 2011. The 2011 tax year is not over. We have not filed tax returns, we do not have W-2's from our jobs. I have no possible way to give him the 2011 information.

We have no evidence of joint ownership of cars or our house. My husband bought the house before I moved here, there was no point in adding me to the mortgage, as soon as I married him I inherited half of the debt anyway ;) My husband bought my car for me before I moved over because there was a sale and I wanted a vehicle available as soon as I was here. We never bothered to put my name on the vehicle just like we never bothered to put my name on any of the bills. We don't have a joint bank account, he pays the bills, I buy food, and we just never saw a reason to have a shared account.

So that's my status. My husband called USCIS tonight to ask about what else we could submit, as expected they did not have much information and just suggested we schedule an infopass. I'm considering just sending a letter in reply stating the above. My husband wants to go in for an infopass appointment next week as soon as possible.
  • 0
Married: 08/05/2007
I-130 sent CSC: 08/09/2007
NOA 1: 09/05/2007
NOA 2: 02/19/2008
NVC case number assigned: 03/04/2008
Case complete at NVC: 05/12/2008
Case sent to Consulate: 05/28/2008
Consulate received: 06/03/2008
Interview & Approval: 07/07/2008
Passport with Visa received: 07/11/2008
POE San Francisco: 09/15/2008

#9 NickD

NickD

    Super Elite Member



Posted 17 September 2011 - 07:18 AM

Well, unfortunately all that crossing my fingers did not help.



Form N14 arrived today in the mail. It seems to be a form letter that states additional information is needed before my application can be acted upon.


The letter requests:


a) Photocopies of financial docuents proving joint accounts to include joint income tax returns for the year 2011 (along with photocopies of the W-2 forms) and joint bank account statements for the years 2008, 2009, 2010, 2011


b) Evidence showing joint ownership or rental agreements showing joint owenership/rental of homes, automobiles and any other jointly owned or rented property.


c) Phtocopiesof jointly paid utilities from 2008 to present


d) Photocopies of wills and trusts in which either or both spouses are beneficiary

Now this is a major problem for me. Obviously he has our three years of tax transcripts from 2008, 2009, 2010 which I already sent in and he is not asking for those. He is asking for 2011. The 2011 tax year is not over. We have not filed tax returns, we do not have W-2's from our jobs. I have no possible way to give him the 2011 information.

We have no evidence of joint ownership of cars or our house. My husband bought the house before I moved here, there was no point in adding me to the mortgage, as soon as I married him I inherited half of the debt anyway ;) My husband bought my car for me before I moved over because there was a sale and I wanted a vehicle available as soon as I was here. We never bothered to put my name on the vehicle just like we never bothered to put my name on any of the bills. We don't have a joint bank account, he pays the bills, I buy food, and we just never saw a reason to have a shared account.

So that's my status. My husband called USCIS tonight to ask about what else we could submit, as expected they did not have much information and just suggested we schedule an infopass. I'm considering just sending a letter in reply stating the above. My husband wants to go in for an infopass appointment next week as soon as possible.


Especially for my first marriage, stated frequently if the spouse liability law was part of the marriage law, would have never married that witch spelled with a B. Guess the USCIS is totally unaware of that law. Sounds like you got the same idiot IO my wife did, not having knowledge for property and income taxes, always paid for the prior year. Where to they dig up these idiots?

I owned three vehicles, cost a hundred plus bucks to just add your wife to the title, so just did one, its half hers anyway by state law.

With home ownership, your husband will have to go to his bank and get a letter stating the refinancing charge and a copy of state statues showing half the debt and ownership is already yours. It worked for my friend in Milwaukee. Just seems to me that the spouse should be present at least during the marriage joint stuff during the interview, wifes' IO couldn't even turn her head to return my hello. Its my name that is also on all those documents.

Maybe people thought I was joking when I posted I got joint utility bills, also was asked of another friend right before us. A positively worthless piece of paper, utility companies don't give a good damn whose name is on the bill! We are also landlords, finally got rid of a renter that was a year behind in their rent, we also got stuck with six months worth of unpaid utility bills. They go after the property owners, don't give a good damn whose name is on that bill. Just called my utility companies and told them to add Gloria's name to the bill. Some wouldn't do it as said they don't have the space, but we got one that would. And sure as we are here, her IO asked to see it, that one bill satisfied her. But a utility bill is not a required form of evidence, easier to provide than to fight.

We never did a will, really don't have to, wife or I will get everything in case of one of us kicks the bucket, but did have insurance policies showing each other as the beneficiary.

Strange, they never asked my wife if we were sleeping together.

Yes we had our share of problems, I got my senators office involved, mostly on the completely unreasonable stuff. When it comes to English and knowing the law, far ahead of my wife, but said, this is my family I am trying to protect. Just got my wife on the phone for a few seconds to say its okay if I work in her behalf. Get an entirely different tune from the USCIS when your senators office is involved, even an apology. Suggest you do the same, hope you have a good senator in your state.

With my friend in Milwaukee, the US citizen spouse, did let him attend the infopass appointment with his applicant wife. After what we went through, really doubt if applying for the three marriage was worth the effort. With our other friend without the utility bill, her case dragged on for 15 months and a very frustrating 15 months at that, she also wished she applied for the five year when all this marriage stuff is not required.
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#10 ConcordUser

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Posted 17 September 2011 - 09:03 AM

I am really confused about this requirements. Is it because OP is filing for N-400 due to 3 year marriage or is it a requirement to produce the evidence of married together. In my case both me and my wife file the returns separately as married filing separate. We have been doing this for last 2-3 decades. There is nothing wrong in doing it. Due to my small business risk of going under and can cause credit problems, we kept our house on my wife's name so in case if business goes under they can not take away the house from her and put her and children on the street. So I can not prove the joint ownership as mortgage deed. If I were to apply for N-400 would these things become a head ache? I am bit confused about all the requirements. Is it not enough, you are a LPR and you file your taxes and stay out of trouble?
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#11 Brother Hesekiel

Brother Hesekiel

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Posted 17 September 2011 - 02:59 PM

Looks like the I.O. is not entirely convinced that your marriage is still going strong. It happens, but it doesn't happen very often. Could you have foreseen this? No.

So let's deal with the issue at hand. Collect everything you have and make a nice package. Of course you can't have your 2011 taxes, unless you are a time traveler. The most important part here is the cover letter. It should be about a page long and tell the I.O. who you are, what you do, where and how you live. For example, don't apologize that your name is not on certain documents, explain why that's the case. Have your husband write a sworn affidavit to this effect and have it notarized.

As I said, we all do things our own way. My wife and I never had a joint checking account until shortly before I became a U.S. citizen. I also had my house since 2001, way before I even met my wife. I own a bunch of old cars and old motorcycles so every vehicle I bought new since getting married has Owner 1 or Owner 2 on the title, but I too never bothered to change old titles because my wife is my sole beneficiary anyway, aside from the fact that California is a joint property state.

So your cover letter needs to be informative, not apologetic. If you want to, mail me an anonymous version of it and I'll comment on it and return it to you.

As I said before, it's just a bothersome and unfortunate delay. They won't be able to stop you for long.
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#12 kelzm

kelzm

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Posted 21 September 2011 - 04:17 PM

An update from me:

Following the advice given here I started putting together a cover letter with information to send back to USCIS.

In my cover letter I gave a brief statement about myself and my husband then listed what I had included:
- Copy of car insurance showing me as additional driver
- Copy of husbands 401k beneficiary page listing me as the primary beneficiary
- Copy of husbands Roth IRA beneficiary page listing me as primary beneficiary
- W-2's for 08, 09, 10

I listed what wasn't include with a statement as to why: ie 2011 tax year still in progress, husband had bought home and established bills prior to marriage. As JustBob said I listed facts and did not apologise for not having these items.

My husband decided that this wasn't enough however and called USCIS to ask what else could be provided if we didn't have the info that was asked for. They told him that we should go for an infopass appt and get more information. We did that yesterday morning with the package I was going to mail in hand. It was a very short appt but very informative.

The officer asked why I was there and if I was married to a US citizen, my husband was beside me and said yes I was, that he was a citizen. The officer said it was a good thing he had come with me. He then asked to see the RFE letter I had, when I presented it to him he sighed and face palmed. His first words were - 2011 taxes? You can't provide those, even he can't provide that. That's just.. not appropriate. My husband commented that is why we are confused, since we can't possibly supply this. Officer's words were ' yes well, if you knew him you'd understand he's probably confused too'.

What the officer did tell me is that if I apply under the 3 year rule they will ask for proof of marital union and they want to see more than just taxes. They want to see joint utility bills etc. My husband explained that we did not have these. The officer agreed that these items are not things that married couples are required to have but that under the 3 year rule they'll ask for this stuff. He asked what we did have, at that point I gave him my letter and he went through it. He said that he thought we should be fine with the 401k, IRA and the car insurance. He suggested that I send in the tax information for the 08, 09, 10 years even though I already had, just to be safe.

He seemed to be pretty understanding of why we did not have some of these things and said we should have no issues, it'll just take a bit more time. Here's hoping that he's correct and no further problems are found with our application.





  • 0
Married: 08/05/2007
I-130 sent CSC: 08/09/2007
NOA 1: 09/05/2007
NOA 2: 02/19/2008
NVC case number assigned: 03/04/2008
Case complete at NVC: 05/12/2008
Case sent to Consulate: 05/28/2008
Consulate received: 06/03/2008
Interview & Approval: 07/07/2008
Passport with Visa received: 07/11/2008
POE San Francisco: 09/15/2008

#13 Kiwi123

Kiwi123

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Posted 21 September 2011 - 05:29 PM

Thanks OP for sharing your information. I'll remember these for my N400 next year. Best wishes to you :yes:
  • 0
05/2006: F1 Visa
12/2008: Graduation
12/2008: Married
03/2009: Found a job
03/2009: AOS
07/2009: AOS approved
04/2011: ROC
08/2011: ROC approved

#14 Lexy

Lexy

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Posted 09 October 2011 - 01:18 AM

I have a question about Kelzm's statement:
""My husband bought the house before I moved here, there was no point in adding me to the mortgage, as soon as I married him I inherited half of the debt anyway.""
Is this true that she really inherited his debts? Doesn't the sponsor, based on the I-864, take on liability for the financial needs of the immigrant including debts, even more so if their name is not on a mortgage? Or does the immigrant take on half of the debts (any debts - medicals, credit cards etc) of the sponsor once they have a job or acquired 40 qualifying quarters?

I am of the belief that if your name is not on a mortgage (or credit card, unpaid medicals) then you do not have to pay for it, even if your husband defaults, unless there are certain terms and conditions which would make you a guarantor on the agreement.

Of course, I stand to be corrected in this, any input is much appreciated. Thanks.
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We met, we fell in love, we married, we live as one! And that's the way love goes...:)

#15 NickD

NickD

    Super Elite Member



Posted 09 October 2011 - 06:00 AM

I have a question about Kelzm's statement:
""My husband bought the house before I moved here, there was no point in adding me to the mortgage, as soon as I married him I inherited half of the debt anyway.""
Is this true that she really inherited his debts? Doesn't the sponsor, based on the I-864, take on liability for the financial needs of the immigrant including debts, even more so if their name is not on a mortgage? Or does the immigrant take on half of the debts (any debts - medicals, credit cards etc) of the sponsor once they have a job or acquired 40 qualifying quarters?

I am of the belief that if your name is not on a mortgage (or credit card, unpaid medicals) then you do not have to pay for it, even if your husband defaults, unless there are certain terms and conditions which would make you a guarantor on the agreement.

Of course, I stand to be corrected in this, any input is much appreciated. Thanks.


Creditors are after blood, and you cannot get blood out of turnip, anyone in the family with blood will have it taken from personal experience. A couple of bad experiences, when I was ten, dad decided to take off, mom couldn't keep up with the home payments, at the ripe old age of twelve, sheriff and took all of my stuff and tossed it on the street along with my brother and sisters during the foreclosure. Any family members suffers in a case like this. But it thought me at an early age not to go into debt.

Was legally separated from my ex, stated in the court order was no longer liable for her debts, but she ran up another $16,000 in debt before the final divorce. Courts still held me liable for that debt, was an exclusion for that legal separation until the final divorce occurred. Not even the best Wisconsin attorney could fight that. While she had a substantial settlement, managed to blow it. Had to pay that or get a lean put against my home, no choice, but wasn't happy either.

Present wife had the same situation with her ex running up huge credit card bills, but for some strange reason in Venezuela, they left her alone, they have Visa and Mastercards just like we do. She did buy an apartment for an escape from him and paid it off, but like here, half of that apartment was hers. Unfortunately she rented it out to a tenant that never paid rent, took us six years to get rid of her, not easy dealing with Chavez. We have it on the market now, but every loophole to remove that money from Venezuela was closed. But somehow the creditors got knowledge of this, and her ex is getting half of the assets. His debts occurred 13 years ago and we had to find him in Colombia, but they found him too. Just heard they are going after him, that made me happy.

But did conclude from hers and my experience in terms of debt collection, you are far better off to be a woman than a man. Also made the statement, if I the state statues were read during my first marriage regarding divorce, would have never married her, must have been smoking crack at that time.

In my experiences with the marriage application with the USCIS, they are totally ignorant of the mutual responsibilities of the two spouses when they say, "I do". Its not easy to deal with a bunch of idiots, but you are forced to if you want to stay together. And you have to be very nice, that is the worse part, at least for me.
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