How much proof when removing conditions?

[Samantha78 117]

You don't need to add to mortgage loan (it is costly, about a couple of thousand), but you can add to the deed (depends on the state how exactly that is done, most take a simple Quit Claim to do, in some others -like Texas-, it is a more elaborate form, but still doable by yourself at very low cost, less than 20 dollars). Not sure that is really necesary though, one option could be to setup a trust (if married, makes much sense specially in states where probate is mandatory) and in this trust (you want to make a revocable living trust, but my advice would be to check with an attorney -I am not one-) you set up spouse as beneficiary of house. I would think more important is to show joint bank accounts (which need to have transactions over time), joint taxes, etc. I'm in the same boat as you exactly, I had a trust before and just need to make changes to reflect my new status. I already have joint bank accounts, CCs and will file jointly of course. She is also in my health care plan and as beneficiary in my insurance and 401k.

Good to know. I was hesitant on even setting up a 401K at my job, as I didn't know if I'd be moving soon or not, but since that won't be happening soon, I actually signed up this week. So I'll add him to that. I am starting to see that this visa work is never done....smh

[kzielu 1,147]

Oh man...I have to add him?? ugggg.... ok then.....

Thanks

No, you do not have to. There is no written requiremetn to do that. But you can always be questioned why you did not do that and have an answer that makes sense.

[Dave&Roza 748]

I am taking the approach that if I was married to a USC, what would I do in regards to adding my spouse to anything. I think filing taxes is the big #1. After that it is a personnal choice and I will not let some person sitting behind a desk dictate to me how I should run my finances (now that might get me in trouble but so be it.) I am not adding her to any utility bills as that is just way too easy and not very good proof. Life insurance, sure I want her to have money should something happen to me--I keep telling her I am worth more to her dead than alive . Mortgage, not on your life. We just bought the house and I am not about to refinance it just to get her name on that. Deed to the house, no the bank owns it right now so why bother--it is better for me to have a Quick Claim Deed for her to put it into her name or she can just walk away and let the bank deal with it. Joint bank accounts, credit cards, brokerage accounts, sure as I again want her to have access to that money should anything happen to me. (yes there is the risk of her taking all the money out and going back to her country, but that is what the USCIS is looking for--are you willing to accept that risk--IMHO). For me, if we manage to stay married for the 2 years it should so that the relationship is ligit as it is not easy to bring two people from vastly different cultures together--we've had our ups and downs, but it is going well.

So I would take the approach of living your life and letting the co-mingling happen at a pace that you are comfortable with and not to please the ROC requirements. We had nothing co-mingled for AOS, just a marriage certificate. The interview went very smoothly.

Do what you think is best for you and let the chips fall where they may.

Good luck,

Dave

[Darnell 8,478]

You do not have to add him to your life insurance. My husband isn't on mine (my daughter is the beneficiary) and that didn't pose any problems at our AOS interview.

Alas, requirements are different, when comparing AOS (your interview) to a ROC interview.

Almost like apples and oranges. For AOS, yer not expected to have the things available during a ROC interview, as there's 2 years o time you've not had , yet.

[I AM NOT THAT GUY 5,715]

Alas, requirements are different, when comparing AOS (your interview) to a ROC interview.

Almost like apples and oranges. For AOS, yer not expected to have the things available during a ROC interview, as there's 2 years o time you've not had , yet.

It helps to live in a community property state like California. The surviving spouse is entitled to almost everything, and anything that can be diverted to another heir, requires an affirmative election by the departing spouse, and an acknowledgement by the surviving spouse. That makes filing taxes when one spouse is self-employed, for example, so much easier!

Edited January 26, 2012 by ☼

[Samantha78 117]

Man..... This whole " deciding who's getting my money and property when I die" thing is a mess and scary. So much risk in these important decisions.

[potter1 1]

This questions is premature but I need to know from now what direction I'll be going in. My husband will be arriving in the US in a few weeks. I've already completed the forms to add him to my health insurance plan at work, just waiting for his arrival.

My issue is: Yes he is my husband BUT at this time I am hesitant about adding him to my life insurance plans through my employer (as many of you know, I will have the option to change all of my benefits and beneficiaries once I add him to my ins plan - otherwise I will have to wait until open season Next January). I own a home but I plan to sell within the next 2 years so that also is something I feel useless to add his name to. We will do the joint bank account and of course file taxes together. Also, I will add him to my car insurance.

When removing conditions, in your opinion, will it pose a problem or look non bona fide if I have not added him to the life insurance policies or home mortgage?

I am sure you have all the love for him in your heart, and want to spend a lifetime together. Whenever that time comes for him to file for ROC, you should ensure that he has enough evidence, for the process. Besides, him being your husband, you'd want the best for him, and share the best with him. Yet, from past USC experiences, you feel you need to tread carefully, in the event things don't turn out the way you planned.If you feel the need, prepare a pre-nup document that outlines what happens to the wealth and assets between you, in the event the marriage falls apart later on, and have him sign it before marriage. I assume that this is a K-1 process, and that you are not married yet. In that way, if things go differently later on, you don't have to worry about your 401, house, etc.

[easyriders2011 14]

Man..... This whole " deciding who's getting my money and property when I die" thing is a mess and scary. So much risk in these important decisions.

I decided to put my wife on my existing LI policy but I added her as an equal 1/3 with the remaining 2/3rd's going to my kids from another marriage. Just because you put her on your LI doesn't mean he has to be the sole beneficiary. You are still in control of what he gets and how he gets it. Create a will for more specific wishes, such as who would take care of your children, and who would be their executor of their money you are leaving for them in your existing LI policy.

[ceadsearc 515]

Alas, requirements are different, when comparing AOS (your interview) to a ROC interview.

Almost like apples and oranges. For AOS, yer not expected to have the things available during a ROC interview, as there's 2 years o time you've not had , yet.

I realize that, but there is no requirement - ever - that a spouse be added on life insurance. Our IO could easily have thought it suspicious that I had life insurance, had time to add my spouse (we had been married a year and living together longer than a couple ROCing from a CR-1 would be), and had not done so but she did not because it was just one thing.

I have never heard of a denial because a couple didn't have one joint item when everything else was joint, at any stage of the game. USCIS doesn't even necessarily know she has life insurance. OP stated she will have lots of evidence of co-mingling available so there is no reason she would need to add her spouse on her life insurance if she doesn't wish to. She will certainly be expected to have evidence of a relationship available, but it sounds like she will meet those requirements easily.

[jjbandero 39]

Not everyone has life insurance, so not having that as supporting documentation is not going to be a huge deal if you have other evidence of co-mingling of your assets and finances. However, just note that some insurance companies (I'm not sure if this is state law - I'm in California) requires that you nominate a primary beneficiary, and if you are married, the presumption is that the primary beneficiary would be your spouse. In my case, if I choose to nominate someone else as primary beneficiary, my husband would have to sign a form acknowledging that he waives his right as primary beneficiary. So essentially, even if you don't add him now, once you do your annual renewal for your insurance, when you put yourself as married, there is still the possibility that your husband would be required to waive his right. As another poster has said, you will still retain control over how your insurance benefits are split, it's just it will be done with your husband's consent.

As for the mortgage, while USCIS can ask for a lot from everyone on the visa journey, they do not expect you to take on bad financial situations in order to demonstrate co-mingling. So if you can add him with no additional cost, then great, but if it's going to result in refinancing or something that impacts you negatively, then as long as you can explain your position, you shouldn't have to do it. For instance, you can apply to have your husband added, but if the mortgage lender comes back in writing here are the costs you will incur to do this, that letter would serve as a good reason why you didn't add your husband. Another example, while we were doing our AOS, my husband did not add me to the lease, this was because we were on a month-to-month contract, and adding me would have resulted in another fixed term contract with higher rent, which we were not prepared to do, so we didn't even include the lease. When we went to the interview, the question didn't even come up, even though we were fully prepared to explain ourselves, all we were asked for was to submit two pieces of additional information showing co-mingling, so I gave the IO a bank statement and car insurance and he was satisfied.

I hope it all works out for you, best of luck.

Edited January 27, 2012 by jjbandero

[Gosia & Tito 199]

It helps to live in a community property state like California. The surviving spouse is entitled to almost everything, and anything that can be diverted to another heir, requires an affirmative election by the departing spouse, and an acknowledgement by the surviving spouse. That makes filing taxes when one spouse is self-employed, for example, so much easier!

Same in Texas, reasons to have joint accounts are more for building credit history than anything else; and then again, a trust can take care of who gets what in case of an "early" departure (I also tell her that I'm worth more dead than alive ) and provides a good exit strategy for those 'nervous' about commingling 'too much'. Certain things like 401k are automatically commingled, that is by law. Also, in community property states, the second you list owner of property as married in deed (or warranty deed as it is in Texas), there is no need to name spouse: it is automatically community property.

The key here IMHO is to proceed 'normally', I don't think you have to make extraordinary efforts, but at same time, you need to do the effort normal to secure financially someone who would be with you until 'death do us part'. Think of it as if you were the one moving to the spouse country: What things would you like/need to have in both names to feel that you are 'secure'?

Edited January 27, 2012 by Gosia & Tito

[Samantha78 117]

I am sure you have all the love for him in your heart, and want to spend a lifetime together. Whenever that time comes for him to file for ROC, you should ensure that he has enough evidence, for the process. Besides, him being your husband, you'd want the best for him, and share the best with him. Yet, from past USC experiences, you feel you need to tread carefully, in the event things don't turn out the way you planned.If you feel the need, prepare a pre-nup document that outlines what happens to the wealth and assets between you, in the event the marriage falls apart later on, and have him sign it before marriage. I assume that this is a K-1 process, and that you are not married yet. In that way, if things go differently later on, you don't have to worry about your 401, house, etc.

We have a CR1 - so the pre nup thing is too late now I'm sure. But I am going to look into the will option.

Thanks

[Samantha78 117]

Thanks to you all for giving me this great input. I think I have a plan now as to what I'll do that's best for me. The harsh reality is, we're married and love each other, but I've seen too many horror stories about that fairy tale turning into a nightmare once the Bene arrives. Once I have some time to see how this will end up...it'll be easier for me to make some more decisions. I'm hopeful but aware at the same time.