ROC. Request for more evidence/ same-sex marriage

[ChrisDC 12]

Hello everyone, 

 

  I've been following this forum from a long time, but I've never posted anything until today. I'm in a same-sex marriage and, although there is an age gap between my spouse and me,  everything went very smoothly (AOS, interview, conditional green card, extension letter) until recently when we' ve received a request for more evidence from USCIS. For our case, we have hired a lawyer since the beginning of this journey, and we think we have substantial documents that proofs that our marriage is in good faith including affidavit of support from family members and friends. However, there are a few things in the USCIS request that worry me. 
1) Evidence that you and your spouse reside together and share responsibility for a common residence. 
   My spouse owns two houses and pays the mortgage for one and, since he has a will in place that states that I will inherit them in case of his death, he has never thought to add me to the deed. Also, our drivers' licenses have one the address of one house and the other one the address of the second house; for logistic reasons we have decided to keep it like that.  
2) Evidence that you and your spouse have combined financial resources may include financial records showing joint ownership of assets and joint responsibility for liabilities such as joint checking and savings account statements showing deposits or withdrawals for the period of your marriage, insurance policies that show the other spouse as the beneficiary, joint tax returns. We have copies of two years joint tax returns, utilities on both names for both house, car ownership and related insurance with both names on, and credit card in both names. Regarding checking accounts, however, we own a joined account and two separate ones, and both utilities and mortgage are paid with my spouse's account. On the other hand, we use the joint account to pay minor things, and my small income goes to that account. Since I am currently studying full-time and working part-time, we've agreed on this financial arrangement.
Also, my partner can't include me in his health insurance because he has Medicare, so we have two separate health insurances.   
3) Evidence that you and your spouse have made estate health and financial planning arrangements with each other: a will, a trust or a durable power of attorney, for health care or property or both. As I mentioned above, my partner and I have a will in place that state that in case of the death of one of us all the property goes to the living spouse. Also, both of us have investments that have the other one listed as the beneficiary. However, we don't have a power of attorney for health. 

 

Could you please give me some suggestions? Do you think it would look suspicious if my partner added me to the deed now? Or, to his personal checking account? Or, should it be better to submit all the documents we've including a cover letter that explains all the financial arrangements? Thanks! 

 

 

 

 

 

 

 

 

 

 

 

 

     

Edited October 24, 2017 by ChrisDC

[NikLR 13,220]

What exactly did you send the first time?

[bob72601 13]

Please complete your Timeline so we can follow you.

 

[ChrisDC 12]

Just now, NikLR said:

What exactly did you send the first time?

You mean right after we got married and before the interview? Statements of joint account, several pictures of us together or with friends and family members, invitations to events as couple, original certified copy of marriage license,  receipts of trips together including honey moon, affidavit of support from friends and my spouse's sister. 

[mindthegap 2,543]

Often they just want recent stuff to show it is still a legitimate marriage since filing the I-751, as presumably it has been a year or more since you filed.

 

[ChrisDC 12]

Just now, bob72601 said:

Please complete your Timeline so we can follow you.

 

Yes, thanks for reminding me. I'm doing it, but it will take a bit. 

[bob72601 13]

Best of luck. What is the date of your NOA1?

[Lemon23 400]

33 minutes ago, ChrisDC said:

Hello everyone, 

 

  I've been following this forum from a long time, but I've never posted anything until today. I'm in a same-sex marriage and, although there is an age gap between my spouse and me,  everything went very smoothly (AOS, interview, conditional green card, extension letter) until recently when we' ve received a request for more evidence from USCIS. For our case, we have hired a lawyer since the beginning of this journey, and we think we have substantial documents that proofs that our marriage is in good faith including affidavit of support from family members and friends. However, there are a few things in the USCIS request that worry me. 
1) Evidence that you and your spouse reside together and share responsibility for a common residence. 
   My spouse owns two houses and pays the mortgage for one and, since he has a will in place that states that I will inherit them in case of his death, he has never thought to add me to the deed. Also, our drivers' licenses have one the address of one house and the other one the address of the second house; for logistic reasons we have decided to keep it like that.  
2) Evidence that you and your spouse have combined financial resources may include financial records showing joint ownership of assets and joint responsibility for liabilities such as joint checking and savings account statements showing deposits or withdrawals for the period of your marriage, insurance policies that show the other spouse as the beneficiary, joint tax returns. We have copies of two years joint tax returns, utilities on both names for both house, car ownership and related insurance with both names on, and credit card in both names. Regarding checking accounts, however, we own a joined account and two separate ones, and both utilities and mortgage are paid with my spouse's account. On the other hand, we use the joint account to pay minor things, and my small income goes to that account. Since I am currently studying full-time and working part-time, we've agreed on this financial arrangement.
Also, my partner can't include me in his health insurance because he has Medicare, so we have two separate health insurances.   
3) Evidence that you and your spouse have made estate health and financial planning arrangements with each other: a will, a trust or a durable power of attorney, for health care or property or both. As I mentioned above, my partner and I have a will in place that state that in case of the death of one of us all the property goes to the living spouse. Also, both of us have investments that have the other one listed as the beneficiary. However, we don't have a power of attorney for health. 

 

Could you please give me some suggestions? Do you think it would look suspicious if my partner added me to the deed now? Or, to his personal checking account? Or, should it be better to submit all the documents we've including a cover letter that explains all the financial arrangements? Thanks! 

 

 

 

 

 

 

 

 

 

 

 

 

     

Generally, USCIS want's to see if you have co-mingling assets and liabilities since day one after the marriage to present, so you have to provide all the statements of your co-mingling assets and liabilities to them  that shows both of you pay the bills have combine assets, like savings and checking account, CMA mutual funds. etc... which should be under your name and spouse name.

Edited October 24, 2017 by Lemon23

[ChrisDC 12]

Just now, bob72601 said:

Best of luck. What is the date of your NOA1?

November 1st, 2016. I recently made an info-pass appointment, and I got an I-551 stamp on my passport because my extension letter was about to expire. After a week from the stamp, I received the RFE letter with 90 days to submit the required documents. 

[ChrisDC 12]

Just now, Lemon23 said:

Generally, USCIS want's to see if you have co-mingling assets and liabilities since day one after the marriage to present, so you have to provide all the statements of your co-mingling assets and liabilities to them  that shows both of you pay the bills.

I'm currently studying full time to pursue my doctorate, so we have agreed that he takes care of the utilities for the time being. However, the bills are all on both names. Savings are separate, but I'm listed as beneficiary for his account and he's listed as beneficiary for mine. 

Edited October 24, 2017 by ChrisDC

[Lemon23 400]

4 minutes ago, ChrisDC said:

I'm currently studying full time to pursue my doctorate, so we have agreed that he takes care of the utilities for the time being. However, the bills are all on both names. Savings are separate but I'm listed as beneficiary for his accounts and he's listed as beneficiary for mine. 

ok this makes sense that's why they sent you RFE because they want to see the co-mingling assets and liabilities both under your name and spouse name. Ask your spouse to make a letter and explain the situation for them to understand the situation. I'm pretty sure you will be fine.

[Lemon23 400]

11 minutes ago, ChrisDC said:

I'm currently studying full time to pursue my doctorate, so we have agreed that he takes care of the utilities for the time being. However, the bills are all on both names. Savings are separate but I'm listed as beneficiary for his accounts and he's listed as beneficiary for mine. 

Also if you and your spouse can request for a reference letter from the bank and can shows that both of your were listed as beneficiary then it will be a big help. Banks can provide that specially for joint account.

Edited October 24, 2017 by Lemon23

[ChrisDC 12]

Just now, Lemon23 said:

Also if you and your spouse can request for a reference letter from the bank and can shows that both of your were listed as beneficiary then it will be a big help. Banks can provide that specially for joint account.

Thanks!

[Sukie 1,440]

Your issue has nothing to do with being a same-sex couple.  Your issue is more that you are a mature couple who have been independent and are now just trying to mingle your separate lives.

 

You have given us a lot of good information about WHY your financial situation is what it is.  Now, you need to write a letter and both of you sign it, and explain everything you have told us.

 

1.  Why you have separate health care.

2.  Why your driver's licenses have different addresses.

3.  How you handle every day expenses (and trace to your statements)

4.  Re-iterate that you have made wills, and that the real estate will go to you if your partner dies.

5.  Be very deliberate - over explain.  Cross reference your explanatory statements to documents that prove your statements.

 

You will be fine.  You just don't look like a young just-starting-out couple.

 

My spouse is not my my deed.  She is also only on ONE car, not both.  But she is on the homeowner's insurance and on both car insurances.  This was not an issue - but I explained it up front.

 

Good luck!

 

Sukie in NY

[ChrisDC 12]

Just now, Sukie said:

Your issue has nothing to do with being a same-sex couple.  Your issue is more that you are a mature couple who have been independent and are now just trying to mingle your separate lives.

 

You have given us a lot of good information about WHY your financial situation is what it is.  Now, you need to write a letter and both of you sign it, and explain everything you have told us.

 

1.  Why you have separate health care.

2.  Why your driver's licenses have different addresses.

3.  How you handle every day expenses (and trace to your statements)

4.  Re-iterate that you have made wills, and that the real estate will go to you if your partner dies.

5.  Be very deliberate - over explain.  Cross reference your explanatory statements to documents that prove your statements.

 

You will be fine.  You just don't look like a young just-starting-out couple.

 

My spouse is not my my deed.  She is also only on ONE car, not both.  But she is on the homeowner's insurance and on both car insurances.  This was not an issue - but I explained it up front.

 

Good luck!

 

Sukie in NY

 

Thanks!