ITIN and Bank Account for Foreign Spouse

[cjh234 0]

Hello,

I am a U.S. citizen, I married my wife (Indian) last year in Taiwan where she was studying for her Master's degree and we have been separated since July. She went back to India to visit family and accepted a job as research assistant to build experience for PhD. In preparing for CR1 Visa application I read that it is good to show a joint bank account and joint tax returns.

We have already filed for and received an ITIN, however, when I took the ITIN and a certified copy of her passport to my bank, they told me that she needed to be present to sign as a joint account holder.

Has anyone run in to this issue?

In addition, they told me it would look bad for visa process if we showed a joint account and she had never set foot in U.S. to get one (claimed some law prohibit this?). I find this very strange considering I have online accounts that never required to see my face. He also said that they couldn't do it anyway because our last names was different and they would need to see marriage certificate to verify same last name. As far as I know it is manadatory for a woman to chnage her last name.

So, is it ok for my wife to be added to my US bank account if she has never been in this country? Should I switch banks?

For interview process, is ok to show just a joint account and the money just sits there? Or do they like to see transfers and deposits from time to time?

Any advice is helpful. Thank you.

[Darnell 8,479]

If you want to keep your bank and bank accounts,

go back and talk with the site supervisor, as I am thinking the clerk you spoke with got it wrong.

Otherwise, go bank shopping this week.

[spousewaitingvisa 39]

Hello,

I am a U.S. citizen, I married my wife (Indian) last year in Taiwan where she was studying for her Master's degree and we have been separated since July. She went back to India to visit family and accepted a job as research assistant to build experience for PhD. In preparing for CR1 Visa application I read that it is good to show a joint bank account and joint tax returns.

We have already filed for and received an ITIN, however, when I took the ITIN and a certified copy of her passport to my bank, they told me that she needed to be present to sign as a joint account holder.

Has anyone run in to this issue?

In addition, they told me it would look bad for visa process if we showed a joint account and she had never set foot in U.S. to get one (claimed some law prohibit this?). I find this very strange considering I have online accounts that never required to see my face. He also said that they couldn't do it anyway because our last names was different and they would need to see marriage certificate to verify same last name. As far as I know it is manadatory for a woman to chnage her last name.

So, is it ok for my wife to be added to my US bank account if she has never been in this country? Should I switch banks?

For interview process, is ok to show just a joint account and the money just sits there? Or do they like to see transfers and deposits from time to time?

Any advice is helpful. Thank you.

Are you talking about evidence of a bona fide marriage? I see you already filed to obtain an ITIN and got an ITIN, but you haven't filed joint tax returns yet? The problem is that you will need her to sign on joint married tax filing. You can still file "married filing separately" tax filing with "NRA" for your wife with your signature and without her signature. You can amend tax from MFS to MFJ after your wife arrives in USA on her CR-1 visa. You have 3 years to amend.

For adding your wife's name to your US bank account, she cannot sign as a joint account holder. I tried that before. Most US banks don't allow that unless spouse needs to be present to sign. For evidence of a bona fide marriage, you can send money from your bank to her bank in her country or country where she studies, but make sure to show your name and her name on wire tranfer receipt. Wire Transfer Receipt can be an evidence itself. Or you can still send money to her via Western Union and they will give you the receipt.

Hope this helps.

[cjh234 0]

Are you talking about evidence of a bona fide marriage? I see you already filed to obtain an ITIN and got an ITIN, but you haven't filed joint tax returns yet? The problem is that you will need her to sign on joint married tax filing. You can still file "married filing separately" tax filing with "NRA" for your wife with your signature and without her signature. You can amend tax from MFS to MFJ after your wife arrives in USA on her CR-1 visa. You have 3 years to amend.

For adding your wife's name to your US bank account, she cannot sign as a joint account holder. I tried that before. Most US banks don't allow that unless spouse needs to be present to sign. For evidence of a bona fide marriage, you can send money from your bank to her bank in her country or country where she studies, but make sure to show your name and her name on wire tranfer receipt. Wire Transfer Receipt can be an evidence itself. Or you can still send money to her via Western Union and they will give you the receipt.

Hope this helps.

Thanks for the responses.

Yes, sorry, evidence of bona fide marriage. We did obtain the ITIN and filed taxes jointly, as the 1040 was due with the ITIN form. I simply mailed the forms to her for signature and she sent in with her auththenticated copy of passport to fulfill their identification requirements. I hope it wasn't wrong to do this.

Do you know if it is illegal for banks to allow a joint account if she is not present? I haven't tried adding her to my online account (it wasn't an issue for my credit card), but they have no physical locations for someone to even go to. However, I am sure they allow joint accounts. We have had some money sent through Western Untion, but how much is enough to prove bona fide? I thought having her on my account would be stronger proof. Thanks again!

[spousewaitingvisa 39]

Thanks for the responses.

Yes, sorry, evidence of bona fide marriage. We did obtain the ITIN and filed taxes jointly, as the 1040 was due with the ITIN form. I simply mailed the forms to her for signature and she sent in with her auththenticated copy of passport to fulfill their identification requirements. I hope it wasn't wrong to do this.

Do you know if it is illegal for banks to allow a joint account if she is not present? I haven't tried adding her to my online account (it wasn't an issue for my credit card), but they have no physical locations for someone to even go to. However, I am sure they allow joint accounts. We have had some money sent through Western Untion, but how much is enough to prove bona fide? I thought having her on my account would be stronger proof. Thanks again!

You are doing right thing about tax filing. That's good. Martila Status "married" on tax filing is important wether it is either MFS or MFJ. I would have done filing MFJ to get bigger refunds, but we got married in Dec and we had no much time to get certifed copy of passport to beat April 15th deadline. I already amended my tax filing from single to married filing separately. I will amend it again when my spouse arrives here.

Anyways, Not sure if it is illegal for US bank to allow that (wait for other responses on this website), but I know it is not illegal if it has US bank branches overseas. No matter how much enough, Few/many receipts of Western Union bearing your name (sender) and her name (receiver) are good enough. It is difficult to add your spouse on your US bank account because most US banks requires her to be present. You might not want take a risk having her on your account when she is not in USA because US immigration might ask you how her name was/is added on your US bank account when she is/was not in USA. Would it be easier and good proof if you can transfer funds to your spouse's bank account in her country or country where she studies? There are many evidences like travel receipts, photographs, any insurance, chats, emails, phone logs, etc.

Edited May 20, 2014 by spousewaitingvisa

[Darnell 8,479]

actually - it's difficult to get joint stuff because of the Patriot Act.

not impossible, just difficult. clerks that face customers not have ALL of the training they need, so (IMO) it's worth it to go back and talk with the site supervisor.

[cjh234 0]

Thank you both. As long as it is not illegal, I think i will try to go to a different branch and ask to speak with the manager. I am also going to contact my online account and see what their process is.

Guess I need to go back and try to find our vacation receipts for flights and hotels. We eloped, so there are no family "wedding" photos except us together and dinner with some friends to celebrate. I assume the Embassy realizes that every case is different and will accept different evidences. Lots of work to do.

Do either of you know if it is possible for her to come to US on a work visa (H1B) prior to us filing for CR1? If she received a job offer would they allow her in even though she is married to me?

[cjh234 0]

Well, I went to another branch and it was the easiest thing to do ever. Just changed some names, printed new forms and said they will accept scanned copies with her signature.

[ANGUESSAN 10]

i was able to add my husband to my account by speaking to the branch manager. i gave him a copy of my husband's current ID/DL card (Ivory Coast) and a copy of our marriage certificate (with translation). he gave me the paperwork for my husband to sign and email back. The manager then wrote a letter on bank letterhead stating that my husband is a joint account holder and when he enters the US he will bring his SS card and GC. it was not difficult once i explained our situation to him. never hurts to talk to a manager

Edited August 20, 2014 by ANGUESSAN