Wills and Power of Attorney as Evidence

[NikLR 13,220]

yes a will can be invalidated but that can also be argued in court later. Maybe someone will say the person wasn't in their right state of mind. I agree that I would never do a will or anything which gave someone power over me legally without completely trusting the person and that is knowing that they can be invalidated.

Even the fact that I came on a CR1 speaks small volumes. Green card upon entry.

[TBoneTX 43,018]

1. Sometimes a spouse isn't reliable to do what is needed or wanted and so a person can choose someone else to be their MPOA. [...]

2. So had this will been presented to a ROC adjudicator, what would they have thought? Combined with the MPOA?

1. True, and new immigrants might not know or be able to navigate the medicolegal "system" here. Even if the petitioner spouse doesn't include the immigrant spouse in an MPOA, the immigrant spouse can designate the petitioner spouse (or one of that spouse's relatives) as the immigrant spouse's MPOA point of contact, thus legitimatizing the MPOA as evidence.

2. If a will or other document doesn't support the marriage as ROC evidence, include something else instead. As long as the new spouse is mentioned non-negatively (meaning nothing like "I specifically exclude my new immigrant spouse, who is probably a gold-digger and married me just for a green card, from any spoils after my death"), a will is in the running for inclusion.

[KayDeeCee 4,891]

I don't think it is about how easily something can be canceled or invalidated. You could show several joint accounts, and then empty them out and/or cancel them after the fact. I would not suggest you send no evidence of co-mingling your finances though. The USCIS wants to see those things.

Getting accounts together and blending your finances through bank accounts, savings, credit cards, loans, home/car purchases, etc. helps show the USCIS you trust each other enough to combine your money and lives. Showing the spouse listed as beneficiary on insurance policies and as emergency contacts for yourself and/or children shows the same, living as the typical married couple does. That is what they are looking for to try and determine if your relationship is bona fide.

The powers of attorney and wills are doing the same thing. They show you trust your spouse and are willing to go through the trouble of having those legal documents written up. They are not a must for ROC, but they can certainly be used to help validate your marriage to the USCIS. They are also good to have, even if you don't submit them as evidence for ROC.

Anyone can fake things. They just want to see your overall situation and case evidence. If they still have major doubts after looking at what you have provided, then they can request you show up for an interview to try and determine your marriage validity while questioning you in person.