USCIS interview failed because of lack of documentation showing joint assets and liabilities

[Farrah Lawson 9]

Do not enlist the services of an immigration attorney if your AOS is based on marriage to a US citizen. The lawyers will not help you secure anything. 

 

I am a US citizen and married to a non-US citizen for over a year.

 

 

Apparently Immigration lawyers and USCIS workers do not understand one very simple thing: there can NOT be joint assets or liabilities such as lease, taxes filed together, etc. as long as the USC's spouse does not have a SSN and a Permanent Resident Card ("green card") or EAD. 

USCIS workers (not the USCIS itself as an institution through their forms) ask for these joint assets when the law and the policies do not allow obtaining them. It is a catch-22.

The foreign spouse of a US citizen does not have anything, does not have any right to apply for anything jointly regarding bank accounts, loans, lease, taxes. Period.

 

The foreign spouse of the USC is just a "foreign national”, “immediate relative of US citizen”, “alien relative”, “family-based adjustment applicant" "principal applicant”, "the applying immigrant”, “the beneficiary”,”the individual named as the beneficiary of an immigrant petition or who is otherwise qualified to adjust status”, “immigrant intent factor”  WITH NO RIGHTS, not entitled to anything during their stay in the US together with their US spouse. Their only right is to spend money in the US, helping the economy grow (Consumer spending drives the economy, right?).

 

 

However, the joint assets or liabilities are not mandatory. The attorneys and USCIS workers lie about the joint assets or liabilities being a requirement when filing with USCIS based on marriage. It is not. I will give a clear accounting for this particular element in the marriage-based applications. 

Let’s start by applying a little common sense:

 

 

1. The Form I-797C, Notice of Action - Request for applicant to appear for initial interview clearly says: Supporting evidence of your relationship, such as copies of any documentation regarding joint assets or liabilities you and your spouse may have together. This may include: tax returns, bank statements, insurance documents (car, life, health), property documents (car, house, etc.), rental agreements, utility bills, credit cards, contracts, leases, photos, correspondence and/or any other documents you feel may substantiate your relationship.

 

 

 “Supporting evidence of your relationship, such as copies of any documentation regarding joint assets or liabilities you and your spouse may have together.”

 

There is a difference between “may have together” and “must have together”.

 

2.  In the same manner, in the Instructions for Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary, Section General Requirements, page 7, item no. 5.A. there is a note that makes clear and more comprehensible the aspect regarding the joint assets:

 

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: 

 

(1) Documentation showing joint ownership of property; 

 

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together; 

 

(3) Documentation showing that you and your spouse have combined your financial resources; 

 

(4) Birth certificates of children born to you and your spouse together; 

 

(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or 

 

(6) Any other relevant documentation to establish that there is an ongoing marital union.

 

 

It says that we "should submit one or more" of types of documentation listed there. We submitted letters from family members, friends and co-workers. That is one type of documentation. They said "one or more", we submitted one type, as per their own instructions.

 

We had many letters of support, written statements from credible witnesses having a direct personal knowledge of our marriage and other events in our life.

These letters are affidavits sworn to or affirmed by third parties who are individuals that are not parties to the immigration benefit sought and who witnessed or have direct personal knowledge of the bona fides of the marital relationship and many other events and circumstances in our life together.

 

 

OUR CASE: FAMILLY-BASED ADJUSTMENT APPLICATION 

 

FORM I-485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS 

FORM I-130, PETITION FOR ALIEN RELATIVE

 

Due to my health condition I had to come back to the US last year (I was not in the country) for medical treatment. After a while, my spouse came into the US to be with me as I needed the assistance and moral support. My spouse was inspected and admitted as visitor (B-2) at the last arrival in the US. 

My spouse entered the US on a temporary basis (non-immigrant visa) and now there is the intention of residing in the country on a permanent basis. Due to the temporary nature of my spouse’s non-immigrant visa meaning that the allotted time to stay in the US legally was going to expire in 6 months, we decided (after visiting family and friends) to apply to register permanent residence or adjust status based on our marriage. 

 

We filed concurrently (I-130 and I-485 package, including I-864, Affidavit of Support Under Section 213A of the INA, I-765, Application for Employment Authorization and I-131, Application for Travel Document). 

We carefully documented our case after talking to some attorneys and other people that went through the similar process. We have also read a lot online.

We have submitted the Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary and proved that there is a family relationship between me and the beneficiary (my spouse).

 

 

 

SUPPORTING EVIDENCE AND THE INTERVIEW WITH THE USCIS WORKER AT THE FIELD OFFICE

 

 

Evidence of Financial Support (showing that my spouse is not likely to become a public charge) - YES

I-864, Affidavit of Support Under Section 213A of the INA filed and signed (which is a contract between me, the USC in my capacity as sponsor and the U.S. Government showing that my spouse has adequate means of financial support without concern of becoming reliant on the U.S. Government for financial support. 

 

 

Lease showing joint tenancy of a common residence - NO

We cannot have a lease together for the same reason we cannot have joint bank accounts. No SSN and Permanent Resident Card means NO joint bank accounts, NO joint lease, NO filing taxes together. 

 

 

Poof of a common residence, that we are always living at the same address together (and with our dog) - YES

We have been staying at a hotel for 7 months now and between family members as well (we stay at their houses).

We submitted an official letter from the hotel and affidavits from our relatives (US citizens who are not parties to the immigration benefit sought) confirming that we stay at those places and we can be physically found there and/or communicated with.

 

In spite of the fact that the meaning of these letters (affidavits) is that we both always live together (with our dog and sometimes with our relatives) at the same address permanently, the USCIS worker refused to take into consideration these letters as if they were of no value. 

 

Photos and videos, social media, shared content and communication - YES

We have pictures and videos of us with family and friends and / or colleagues at work, of us at work, of us on vacation, of us with our dog, etc. - as far back as 2016 (including thousands of explicit content);

The pictures demonstrates that our marriage is bona fide. We believe that explicit content is stronger than any proof of being “financially married”. 

 

Life insurance -YES

My spouse and my son are my life insurance beneficiaries.

 

 

Name change after marriage on ID documents (Social Security card, passport, driving license) and professional documents:  YES

 

Joint accounts - NO

We went to the bank and asked to have my spouse authorized on my accounts and their policy does not allow such thing as the legal current status is visitor. This is the official position of the bank from which the matter is considered.

 

Credit cards - YES

Before we got married I applied for an additional credit card with my spouse’s name on it and the exact same bank issued it. My spouse has been using that credit card throughout the period since (outside of and inside the US).

 

 

Taxes filed together - NO

We specifically asked USCIS and IRS about filing taxes jointly and after explaining the situation the IRS said that I should file alone as my spouse’s official current status wa visitor. They don’t take into account his status as an intending immigrant. They ask for a SSN and the Permanent Resident Card issued on my spouse’s name.

 

 

 

THE USCIS WORKER:  "I don’t see any proof of a real marriage”. “Okay, I will see you out now.” 

 

Firstly, she never introduced herself. The person who was handling our case never identified herself. How can you sit at the desk and deal with a legal issue and you don’t even give your name and what your position is? We didn’t know to whom we were talking. Who was that woman? Was she the examiner? Was she the federal government interviewer? Is she the cleaner at that USCIS local field office maybe?

 

 

Although we submitted all the required documentary evidence and provided some type of additional evidence to support the application, the USCIS worker insisted on us giving documentation showing joint ownership of property, joint bank accounts, a lease showing joint tenancy of a common residence and Federal Income Tax Return / IRS transcripts on both our names as a married couple.

 

We wanted to hand over additional documents that show the validity of our marriage during the interview and the USCIS worker refused to take possession of any of them. The USCIS worker was reluctant and did not want to touch or read anything from us. All those documents were all a "must have” as per Form I-797C, Notice of Action - Request for applicant to appear for initial interview.

 

 

The USCIS worker refused to touch or even look at all these documents / items as if they were unworthy of acceptance, of no value, completely worthless. She was snarky and seemed to have big problems distinguishing a real marriage from the faux ones. Moreover, she kicked us pretty much out of the office saying “Okay, I will see you out now!”

 

 

• Our credit cards -showing that I and my spouse have combined our financial resources;
• Invoices, receipts, proof of payments processed - showing that we share financially responsibility;
• My life insurance document - showing that my spouse and my son are the beneficiaries;
• My Federal Income Tax returns and W-2’s for the past three years (including the most recent tax year);
• Letters from each of our current employer, verifying current rate of pay and average weekly hours and pay stubs for the past 2 months; 
• The letter from the hotel we have been staying at (together with our dog);
• The new affidavits from more relatives, friends and colleagues with first-hand knowledge who can attest to our continuous physical presence together in the US with specific facts;
• I-94s /Admission Record Numer and date that my spouse's authorized period of stay expired and I-94 history (Arrival-Departure Records);
• Photos and videos (over 13400 files of us together in the past 2 years - the files contain dates and time, GPS and other metadata locations that can be extracted);
• Correspondence and proof of any type of communication (emails, SMS, iMessages, Facebook, WhatsApp, written letters, greeting cards, postcards, etc.) between us, between us and family, between us and friends and co-workers who have direct personal knowledge of our relationship, marriage, and many other events and circumstances;

 

 

 

There were no questions on each other about: 

 

• wedding (place, time, how did we get to the ceremony, who attended, witnesses, reverend, cake, drinks, our song, gifts, etc.);
• wedding ring and bands (when and where we purchased them, how we paid, diamond certificate, etc.);
• name change on the official documents after marriage (ID’s, Social Security Card, professional licenses);
• our families, if we know each other’s family and if we stay in touch with the family members;
• my son (if he knows my spouse, if he was at our wedding, if we visit each other and stay in touch);
• the places where we lived before and after marriage;
• the items bought together before and after marriage;
• my medical problem (diagnosis, referring MD, surgeon, treatment, recovery period, health insurance company, etc.);
• tattoos, scars, unusual marks (I have tattooed my spouse’s name on my body before we got married);
• our friends;
• our jobs, salary, workplace, colleagues, our companies, managers, etc.;
• nothing personal (sexual life, eating habits, diet, food and beverages preferences, habits, tics/ habitual twitching, colors, TV shows and movies, hobbies and activities, pets, life style, dressing style, daily routine, shared memories about passed away parents, grandparents, etc.)

 

 

Notwithstanding the supporting evidence submitted (required and additional), the USCIS worker was very reluctant and unhappy that documentation showing joint assets and liabilities, a lease showing joint tenancy and proof of taxes filed together were not layed before her cognizance. Her exact words were “I don’t see any proof of a real marriage”. That is more than a sign of suspicion on her part as to the bona fides of our marriage, that means that our marriage is a fraud in her eyes.

As marriage fraud is a federal crime, then they better charge us. If not, then they should do their job and investigate our case accordingly, in a proper professional manner. There was no scrutiny from the federal government as we expected.

 If USCIS suspects marriage fraud and denies a marriage-based application for that reason they should charge the couple with federal crime and consequently inflict the penalties accordingly (arrest, incarceration and fine).The spouses who “fail” this interview may be arrested, prosecuted and deported. I wait for them to do that. If they do not do that, then it means that the USCIS worker clearly abused her power, not even trying to listen to what we had to say.

 

Homeland Security warning says:  Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law.

This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime. https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

 

 

I feel very strongly about “Immigration lawyers” and USCIS workers talking about joint assets. We know what “assistance of an experienced immigration attorney” means. 

Many of them are showing their lack of information and knowledge online. It is mind boggling, shocking, Incomprensibile, puzzling, inconceivable, unbelievable how the “immigration attorneys” and the USCIS workers are dealing with serious legal matters and processes while lacking information, knowledge, skill and aptitude.

 

My honest advice is to not pay a lawyer for their “assistance” as they do not have the proficiency in dealing with these immigration issues. They will keep talking about joint assets which are not compulsory. There is no rule in the Instructions of any of the USCIS forms that makes joint assets a mandatory. 

 

Best of luck to all of you who apply in good faith.

[Roel 7,191]

I'd suggest keeping your posts shorter next time. Trust me, no one wants to read that much stuff and it's hard to respond. 

 

Imo you mostly got denied  because they suspected that instead of using spouse visa you skipped the law and adjusted from torusit visa - and they didn't like it. Maybe that's why they required more proofs from you. 

 

There is whole bunch of stuff new immigrant can do to show joint assets by the way. 

 

You sound really bitter but this is how system works. 

 

As for taxes you could have just filed married but separate. I don't think ssn 

Would be needed. There is some other alien tax number that I currently don't remember how it's called. 

Edited May 17, 2018 by Roel

[AL-MJD 144]

i agree with the above post . shorter help . but i already disagree with many earlier points on OP's post already . i am not married to my USC future-hubby yet , however we hold a joint bank account together from US Bank .

 

from what was told to me from my prenuptial agreement lawyer , our house will hold my name when we marry despite having yet applied for the GC . it could be state laws .

 

i do agree that proof of joint assets and other joint-stuff isn't mandatory .

 

i didn't read everything else . i lazy . i just wanted to point out that ... ya ... not "NO" rights ... dats a bit strong .

[geowrian 22,335]

Joint assets and liabilities are only 1 type of evidence. Have you received a NOID or denial stating this is the only reason for being denied? It sounds like there are a number of aspects, of which the lack of commingling of finances is just one item. Many people go through the process without shared accounts.

 

Taxes can be filed MFS or MFJ (or HOH with a non-spouse dependent). You could get an EAD by filing an I-765 with your AOS application. The EAD lets you get an SSN. Otherwise, you can apply for an ITIN until you become eligible for the SSN.

The credit card thing is a bit iffy. It sounds like she is an authorized user, not an owner. An authorized user has access to the credit the account provides, but has no liability. An owner is responsible for the account as well.

 

Since when is an SSN required for a lease? I added my fiancee the day after she arrived in the US on her K-1 without any issue at all. They needed her passport to do a background check and verify identity, but that doesn't do any immigration checks (no hits in the SAVE database).

Letters and affidavits carry very little to no weight. USCIS wants to see hard evidence. For a common residence, this can be something like mail. I'm unsure of how to show this for a hotel, but living out of a hotel for 7 months isn't exactly a typical thing for newlyweds either. Basically, they have no hard proof that she actually stayed there...just statements from people they don't know and can't verify.

 

I don't know the extend of the other evidences, but there are definitely some concerning gaps. If issued a NOID, it will include the reason they intend to deny and you can respond to the specific items noted at that time and include additional evidence. If they send a denial, you can appeal if you believe they denied it due to an error.

 

31 minutes ago, Farrah Lawson said:

We have pictures and videos of us with family and friends and / or colleagues at work, of us at work, of us on vacation, of us with our dog, etc. - as far back as 2016 (including thousands of explicit content);

The pictures demonstrates that our marriage is bona fide. We believe that explicit content is stronger than any proof of being “financially married”. 

The explicit content did not help.

That's fine that you believe the explicit content is stronger than other forms of proof, but you need to convince the IO. They care about the other stuff and not at all about the explicit content.

[TBoneTX 43,058]

10 minutes ago, geowrian said:

Letters and affidavits carry very little to no weight.

True, and these are suggested only when other evidence is thin.

When other evidence is solid, there's no need at all for affidavits or letters.

I concur with what Roel says above.

[Farrah Lawson 9]

30 minutes ago, Roel said:

I'd suggest keeping your posts shorter next time. Trust me, no one wants to read that much stuff and it's hard to respond. 

 

Imo you mostly got denied  because they suspected that instead of using spouse visa you skipped the law and adjusted from torusit visa - and they didn't like it. Maybe that's why they required more proofs from you. 

 

There is whole bunch of stuff new immigrant can do to show joint assets by the way. 

 

You sound really bitter but this is how system works. 

 

As for taxes you could have just filed married but separate. I don't think ssn 

Would be needed. There is some other alien tax number that I currently don't remember how it's called. 

We did not skip the law by filing from tourist visa. It is perfectly legal. If the immigration law allows that, then it means that the law was not skipped.

 

We are not aware of that "whole bunch of stuff new immigrant can do to show joint assets". The current legal status of my spouse that can be proven by the passport is visitor. The only document available now is still the passport as USCIS did not issue anything on my spouse's name that shows the "new immigrant" status.

 

We could not file taxes together as my spouse did not have a SSN nor Alien Number. Moreover, my spouse's works for a company in Europe, he doesn't earn anything in the US. However, we called USCIS and IRS before filing taxes and IRS instructed me to file alone. My spouse is not required to file taxes as per IRS instructions. 

 

USCIS worker does not have knowledge and information about the Department of the Treasury -IRS rules and regulations. She asks for documentation lacking basic knowledge.

 

[Roel 7,191]

IF you filed your taxes as single , then you will have to fix it, by the way.

 

Ssn is not needed for foreign spouse for taxes. 

 

Once your spouse received EAD you could have added her to pretty much everything. 

[Roel 7,191]

@geowrian Thanks! I was thinking about that ITIN number but couldn't remember what's it called.

[Farrah Lawson 9]

24 minutes ago, geowrian said:

Joint assets and liabilities are only 1 type of evidence. Have you received a NOID or denial stating this is the only reason for being denied? It sounds like there are a number of aspects, of which the lack of commingling of finances is just one item. Many people go through the process without shared accounts.

 

Taxes can be filed MFS or MFJ (or HOH with a non-spouse dependent). You could get an EAD by filing an I-765 with your AOS application. The EAD lets you get an SSN. Otherwise, you can apply for an ITIN until you become eligible for the SSN.

The credit card thing is a bit iffy. It sounds like she is an authorized user, not an owner. An authorized user has access to the credit the account provides, but has no liability. An owner is responsible for the account as well.

 

Since when is an SSN required for a lease? I added my fiancee the day after she arrived in the US on her K-1 without any issue at all. They needed her passport to do a background check and verify identity, but that doesn't do any immigration checks (no hits in the SAVE database).

Letters and affidavits carry very little to no weight. USCIS wants to see hard evidence. For a common residence, this can be something like mail. I'm unsure of how to show this for a hotel, but living out of a hotel for 7 months isn't exactly a typical thing for newlyweds either. Basically, they have no hard proof that she actually stayed there...just statements from people they don't know and can't verify.

 

I don't know the extend of the other evidences, but there are definitely some concerning gaps. If issued a NOID, it will include the reason they intend to deny and you can respond to the specific items noted at that time and include additional evidence. If they send a denial, you can appeal if you believe they denied it due to an error.

 

The explicit content did not help.

That's fine that you believe the explicit content is stronger than other forms of proof, but you need to convince the IO. They care about the other stuff and not at all about the explicit content.

"Joint assets and liabilities are only 1 type of evidence." - And we submitted another type of supporting evidence as there were different types that we could submit. Joint assets are NOT required by any USCIS form.

 

"It sounds like there are a number of aspects, of which the lack of commingling of finances is just one item." - Would you please rephrase the statement so that it is clear? Thank you.

 

"You could get an EAD by filing an I-765 with your AOS application. The EAD lets you get an SSN." -  As previously made known: We filed concurrently (I-130 and I-485 package, including I-864, Affidavit of Support Under Section 213A of the INA, I-765, Application for Employment Authorization and I-131, Application for Travel Document). 

48 minutes ago, geowrian said:

Joint assets and liabilities are only 1 type of evidence. Have you received a NOID or denial stating this is the only reason for being denied? It sounds like there are a number of aspects, of which the lack of commingling of finances is just one item. Many people go through the process without shared accounts.

 

Taxes can be filed MFS or MFJ (or HOH with a non-spouse dependent). You could get an EAD by filing an I-765 with your AOS application. The EAD lets you get an SSN. Otherwise, you can apply for an ITIN until you become eligible for the SSN.

The credit card thing is a bit iffy. It sounds like she is an authorized user, not an owner. An authorized user has access to the credit the account provides, but has no liability. An owner is responsible for the account as well.

 

Since when is an SSN required for a lease? I added my fiancee the day after she arrived in the US on her K-1 without any issue at all. They needed her passport to do a background check and verify identity, but that doesn't do any immigration checks (no hits in the SAVE database).

Letters and affidavits carry very little to no weight. USCIS wants to see hard evidence. For a common residence, this can be something like mail. I'm unsure of how to show this for a hotel, but living out of a hotel for 7 months isn't exactly a typical thing for newlyweds either. Basically, they have no hard proof that she actually stayed there...just statements from people they don't know and can't verify.

 

I don't know the extend of the other evidences, but there are definitely some concerning gaps. If issued a NOID, it will include the reason they intend to deny and you can respond to the specific items noted at that time and include additional evidence. If they send a denial, you can appeal if you believe they denied it due to an error.

 

The explicit content did not help.

That's fine that you believe the explicit content is stronger than other forms of proof, but you need to convince the IO. They care about the other stuff and not at all about the explicit content.

 

"The credit card thing is a bit iffy. It sounds like she is an authorized user, not an owner. An authorized user has access to the credit the account provides, but has no liability. An owner is responsible for the account as well." - My spouse is indeed an authorized user. This is what the bank allows. The bank's policy does not allow my spouse to be a owner. We went to my bank before we submitted the paperwork with USCIS and that was their official position. Some users on this forum suggest that there are banks that allow joint bank accounts ownership. Well, I will not start going to every bank in my state to check which one allows joint accounts and then open accounts there which means that I would have to close my accounts at my current bank and transfer money into the new joint accounts opened. I will not do any changes upon my current business relationship with my current bank just to give satisfaction to a USCIS interviewer. 

 

"Since when is an SSN required for a lease? I added my fiancee the day after she arrived in the US on her K-1 without any issue at all. They needed her passport to do a background check and verify identity, but that doesn't do any immigration checks (no hits in the SAVE database)." - In FL a SSN is compulsory for background check (if there are unpaid debts).

 

"Letters and affidavits carry very little to no weight. USCIS wants to see hard evidence. For a common residence, this can be something like mail. I'm unsure of how to show this for a hotel, but living out of a hotel for 7 months isn't exactly a typical thing for newlyweds either. Basically, they have no hard proof that she actually stayed there...just statements from people they don't know and can't verify." - Letters and affidavits are supporting evidence officially required by USCIS. They don't say "Do not bring letters. We want hard evidence."  See below:

 

Instruction for Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary, Section General Requirements, item no. 5.A, page 7:  NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: 

 

(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage;

 

About the hotel - I'm required to stay at a specific hotel in a specific area close to the hospital as I am under medical treatment and a big surgery is coming soon. My employer and the insurance company decide where I stay during my treatment, surgery and recovery period. It is official, my company and the insurer provided USCIS with all the necessary documentation.

 

 

"The explicit content did not help.

That's fine that you believe the explicit content is stronger than other forms of proof, but you need to convince the IO. They care about the other stuff and not at all about the explicit content." -  Instruction for Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary, Section General Requirements, item no. 5.A, page 7:  NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: 

(6) Any other relevant documentation to establish that there is an ongoing marital union.

 

Pictures and videos are extremely relevant to establish that there is an ongoing marital union. There are about 13500 files of us together in the past 2 years - the files contain dates and time, GPS and other metadata locations that can be extracted. 

[Farrah Lawson 9]

46 minutes ago, TBoneTX said:

True, and these are suggested only when other evidence is thin.

When other evidence is solid, there's no need at all for affidavits or letters.

I concur with what Roel says above.

There is no such thing officially stated by the USCIS "these are suggested only when other evidence is thin".

Since affidavits are officially required by the USCIS itself and not suggested by the petitioner and the applicant, it is the USCIS responsibility to investigate the case properly. None of the companies or people that provided USCIS with affidavits were contacted. That clearly shows that the USCIS worker in charge with our case didn't even read those affidavits, let alone calling those companies and individuals.

[Farrah Lawson 9]

37 minutes ago, Roel said:

@geowrian Thanks! I was thinking about that ITIN number but couldn't remember what's it called.

As I repeatedly previously stated, we called the USCIS and the IRS before filing taxes and before submitting the paperwork. As per IRS instructions my spouse is not required to file taxes. USCIS couldn't provide us with any information about taxes.

[Roel 7,191]

Just now, Farrah Lawson said:

As I repeatedly previously stated, we called the USCIS and the IRS before filing taxes and before submitting the paperwork. As per IRS instructions my spouse is not required to file taxes. USCIS couldn't provide us with any information about taxes.

Well she wouldn't put any income but you still have to put your spouse name on your taxes since you're married and you're not eligible to file as single. 

 

 

[Farrah Lawson 9]

43 minutes ago, Roel said:

IF you filed your taxes as single , then you will have to fix it, by the way.

 

Ssn is not needed for foreign spouse for taxes. 

 

Once your spouse received EAD you could have added her to pretty much everything. 

I'm sorry, maybe you could pay more attention before replying.

1. The IRS instructed my spouse to NOT file taxes. 

2. My spouse has not received anything from USCIS. There is no EAD issued or anything else. 

[Farrah Lawson 9]

14 minutes ago, Roel said:

Well she wouldn't put any income but you still have to put your spouse name on your taxes since you're married and you're not eligible to file as single. 

 

 

Excuse me, are you IRS staff? If you are, then it must be a huge discrepancy here. The IRS cleary instructed us what to do and what not to do.

"you still have to put your spouse name on your taxes since you're married and you're not eligible to file as single." - I am to the full extent eligible to file taxes as single. Clear instructions from IRS. Nothing wrong, nothing illegal (I did not "skipped the law").

Edited May 17, 2018 by Farrah Lawson

[Roel 7,191]

1 minute ago, Farrah Lawson said:

I'm sorry, maybe you could pay more attention before replying.

1. The IRS instructed my spouse to NOT file taxes. 

2. My spouse has not received anything from USCIS. There is no EAD issued or anything else. 

 

1. You still Have To put your spouse name on your taxes. Even if she doesn't have income. But you're not eligible to file as single. That would be good enough evidence when you file married but separate. 

2. You said you included EAD application in your AOS though. How come you never received it? 

 

Anyway. Did they ask you bring extra evidences and do second interview or do you have to file AOS again? Sorry I honestly didn't read through the whole of your long post. No matter how much you complain you still gotta do something to make your wife legal and maybe now you have more knowledge on what kind of evidences you need.