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

[cd37 229]

4 hours 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. 

I agree with Roel....you have to put your spouse name on taxes if you r married regardless he/she has income in US. Anyways looks like you are rejecting every advice you are getting here. Good luck.

[Crazy Cat 39,336]

1.  If a person is married, he/she can not file taxes as single.....period...

2.  Spouse name must be listed on tax forms.....period

3.  Pictures of two people together provide no evidence of a bona fide marriage...explicit or not.

4.   Affidavits provide very minimal evidence of a bona fide marriage.

 

Legal documentation such as joint accounts, insurance policies, wills, trusts, health care proxies statements, etc. Are very good pieces of evidence of a marriage.

 

If the OP puts as much energy into providing known qualty pieces of evidence as he/ she puts into arguing with other posters and USCIS , any obstacles can be overcome successfully.....good luck.

 

[Cyberfx1024 7,978]

20 minutes ago, missileman said:

1.  If a person is married, he/she can not file taxes as single.....period...

2.  Spouse name must be listed on tax forms.....period

3.  Pictures of two people together provide no evidence of a bona fide marriage...explicit or not.

4.   Affidavits provide very minimal evidence of a bona fide marriage.

 

Legal documentation such as joint accounts, insurance policies, wills, trusts, health care proxies statements, etc. Are very good pieces of evidence of a marriage.

 

If the OP puts as much energy into providing known qualty pieces of evidence as he/ she puts into arguing with other posters and USCIS , any obstacles can be overcome successfully.....good luck.

 

+1 for you @missileman.

 

 

I still can't get over how people want to show other complete strangers explicit photos of themselves with their significant other. I think this is the 2nd post this week that said they sent in explicit photos of themselves to USCIS.

[RLA 323]

6 hours ago, Farrah Lawson said:

“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”.

Indeed, there is a difference.  Joint assets are not a must, and in theory you could do without them.  However, most other types of evidence are considered pretty weak (even if USCIS' official instruction don't say that), see the post linked below.  Excerpt:

 

"Photos are good, kind of expected, but NOT primary evidence. [...] Affidavits from friends or family do not have a lot of weight. None of these things are BAD and in conjunction with other evidence are fine, but not enough to prove anything themselves."

 

It seems that you only presented "weak" evidence, and so it's no wonder you got denied.  

 

 

[Ash.1101 1,755]

Your proof is acceptable for a fiancé visa at best, but definitely not for marriage.

 

You also said files and videos. They won’t take a USB drive and if you printed out 10000 pics then it looks like you’re trying to fluff out your lack of actual evidence.

 

everyone here generally agrees that showing 25 quality pics of y’all holds more weight then bringing in 500 pictures of y’all together.

 

I’m surprised that you were able to get a joint credit card for your account but you didn’t try for a joint bank account.

 

As for a hotel, a hotel is a temporary stay, they want you to show that you have a place for your spouse to live permanently. Something more concrete. You can’t say you have a permanent address at a hotel and in the same breath say you stay with family sometimes. 

 

Even for a fiancé visa they tend to ask for proof that the foreign fiancé will have a place to live. People draft up leases if they live with their parents or family to help with this.

 

They would have liked to have seen your spouse have you on the life insurance as well. You said they work for a European company, so this should be doable.

 

 

overall, it looks like not enough research was done on your part. It’s some of the thinnest evidence I’ve seen on here, with a bunch of fluff added to make it look full. I’m sure the officer saw it the same way. You’ll need more quality hard proof as this wouldn’t be able to satisfy a spousal visa (especially without a lease).

[Crazy Cat 39,336]

5 minutes ago, Ash.1101 said:

Your proof is acceptable for a fiancé visa at best, but definitely not for marriage.

Bingo!!!!  Well said!!!!!!

[Crazy Cat 39,336]

19 minutes ago, RLA said:

Indeed, there is a difference.  Joint assets are not a must, and in theory you could do without them.  However, most other types of evidence are considered pretty weak (even if USCIS' official instruction don't say that), see the post linked below.  Excerpt:

 

"Photos are good, kind of expected, but NOT primary evidence. [...] Affidavits from friends or family do not have a lot of weight. None of these things are BAD and in conjunction with other evidence are fine, but not enough to prove anything themselves."

 

It seems that you only presented "weak" evidence, and so it's no wonder you got denied.  

 

 

Thanks for sharing that post.  That is well worth keeping on hand for the future........

[NikLR 13,220]

That post is for I-751.  AOS isn't as strict since it's normally newlyweds.  But as AOS interviews are taking about a year in some places, you should be able to get most of it by interview if it wasn't available at filing.

[N-o-l-a 7,167]

I think there is a lot more to this because frankly, we never had that kind of level of evidence and we are on the naturalization stage.  We were living together when we filed for a CR1, but our only evidence was a photos of the names on our door and items addressed to us both at that address.  They didn't even look at it.  We had no joint bank accounts, cards, etc.  I know the requirements can vary for AOS vs. DCF filing, but I don't recall anyone else's bar being this high (except for the taxes issue).

 

You don't need joint bank accounts to show mingling, either.  What about transfers between your two accounts?  Proof that you both pay bills relating to your living together?  He pays the hotel sometimes and you others?  

 

Even when it came to ROC, my husband was still just an authorized user on my credit cards.  I really don't see what the big deal is with that, it is fairly common, and a fine enough proof of financial co-mingling.

[Ash.1101 1,755]

Another good way to look at it, is that pics and proof of a hotel room are something a regular couple could have, same with adding someone onto a credit card. Some credit cards you can make someone a card holder, but not a joint account holder.

 

When you’re adding your spouse as a joint account holder, a second name on a lease, a 401k and on a loan, you’re putting a lot more on the line then by going out and having fun and playing house in a hotel room without much proof other than “I promise we’re a legit marriage”.

 

and at the end of the day as the USC it is your job to take care of your spouse both financially and safety. Not having a home and just staying at a hotel and family sometimes isn’t what USCIS considered a quality marriage.

[Ash.1101 1,755]

13 minutes ago, N-o-l-a said:

I think there is a lot more to this because frankly, we never had that kind of level of evidence and we are on the naturalization stage.  We were living together when we filed for a CR1, but our only evidence was a photos of the names on our door and items addressed to us both at that address.  They didn't even look at it.  We had no joint bank accounts, cards, etc.  I know the requirements can vary for AOS vs. DCF filing, but I don't recall anyone else's bar being this high (except for the taxes issue).

 

You don't need joint bank accounts to show mingling, either.  What about transfers between your two accounts?  Proof that you both pay bills relating to your living together?  He pays the hotel sometimes and you others?  

 

Even when it came to ROC, my husband was still just an authorized user on my credit cards.  I really don't see what the big deal is with that, it is fairly common, and a fine enough proof of financial co-mingling.

 

Honestly I think the hotel is a big red flag. Even for DCF you’re suppose to provide proof that your spouse has a place to live.

 

remember that every officer is different and if they even have a feeling that there’s not enough proof then all they have to do is find a scapegoat and run with it (which could be the lack of permanent housing). That’s why it’s always better to come over prepared than under.

 

Most embassys (aside from high fraud) are usually more lienent than the local offices. If you have been doing everything right, from what I can see that helps you in the future for ROC and such. Again it comes down to the person looking at your case and any prior info they may or may not have.

 

For AOS we had joint bank account, my daughters school registration showing my husband could pick her up, car insurance in both our names, rent insurance in both our names, 20 pics or so, and that was it. I had already filed taxes prior to Marriage so he wasn’t on it and I never added him to my lease but we lived at the same location I provided during the K1 process. We were married for a month prior to sending AOS. My mother joint sponsored.

 

also at over a year of marriage they should have more than a credit card, affidavits, and a hotel bill together.

 

Edited May 17, 2018 by Ash.1101

[Russ&Caro 1,548]

I read the entire thread. Here are some observations for the OP.

 

1. You've now received advice from over 10 people here on VJ, all of whom have had success, on filing your taxes as either MFS or MFJ. You should correct your tax returns before your next USCIS submission. My wife did not enter the US until 16 months after our marriage as we waited for our USCIS application to process. That means we filed 2 US Tax returns as "married" when she didn't have an SSN, didn't have an ITIN, and wasn't a resident or immigrant. As others have said, married is married in the eyes of the IRS.

 

2. Your bouncing around btwn hotels and various relatives' houses probably didn't help. If you haven't already, try to find a stable living place, stay there, establish some evidence (leases or mailings addressed to both of you), and then file. It will look better than the evidence from your first go around.

 

Good luck!

[Farrah Lawson 9]

2 hours ago, cyberfx1024 said:

This is a common misconception among people that the USCIS accepts any kind of electronic device either at the NVC, Embassy, or a field office. This is because that field agent does not know what's on the flash drive, dvd, phones, or laptops. You could have a virus on your equipment that is now directly on the network if they plugged it in to their computer. Did you have physical wedding pictures or electronic ones? It sounds like you brought everything electronically and nothing physical but car/room keys. This is a big no no and you should have known this if you went with a lawyer.

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

cyberfx1024  thank you for your reply to our comment.

 

This is a common misconception among people that the USCIS accepts any kind of electronic device either at the NVC, Embassy, or a field office. This is because that field agent does not know what's on the flash drive, dvd, phones, or laptops. You could have a virus on your equipment that is now directly on the network if they plugged it in to their computer.

Answer:  Do you really think that the US Governement is afraid to use an usb flash drive received during an official meeting?

Firstly, the authorities do not use their main network for non-internal unsecured devices. Those computers are locked down or the USB ports are disabled. There are removable media use policies in place and designated workstations. I have worked for different private companies that had this type of systems in place. I believe that the federal governement is ahead of most private companies.

We think too much of these "threats". It happens when we watch many espionage movies. 

 

Did you have physical wedding pictures or electronic ones? It sounds like you brought everything electronically and nothing physical but car/room keys. This is a big no no and you should have known this if you went with a lawyer.

Answer: We had digital files, no printouts. The USCIS worker did not want to see anything anyway and we asked if we could submit printed pictures and she said no. The documents required at the interview (as per Form I-797C, Notice of Action - Request for applicant to appear for interview ) were not received. The lady declined to accept all the documents listed by the Interview Notice. She seemed very annoyed by the fact that we did not submit documentation regarding joint assets or liabilities. She specifically asked for property documents, joint bank accounts, a lease showing joint tenancy of a common residence and taxes filed together. She didn't want to hear anything else. She wouldn't listen to anything we had to say. She rejected as useless all the other documentation that we had, as if it was unworthy of acceptance, of no value, completely worthless, NIL.

 

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

Answer: The pictures would be the only thing done differently - printouts, not digital files. That would be at the interview anyway. The new "whole packet" would be exactly the same as the initial one. We will not have joint assets. 

 

Edited May 17, 2018 by Farrah Lawson

[gregcrs2 1,777]

3 minutes ago, Farrah Lawson said:

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

Answer: The only thing that we would do different would be the pictures - printouts, not digital files. That would be at the interview anyway. The new "whole packet" would be exactly the same as the initial one. We will not have joint assets. 

 

Doing the same old thing will likely get you the same old results!  Sorry, but the more of your responses I read, the more I agree with the IO's decision.  

[Rusty72 68]

8 minutes ago, Farrah Lawson said:

cyberfx1024  thank you for your reply to our comment.

 

This is a common misconception among people that the USCIS accepts any kind of electronic device either at the NVC, Embassy, or a field office. This is because that field agent does not know what's on the flash drive, dvd, phones, or laptops. You could have a virus on your equipment that is now directly on the network if they plugged it in to their computer.

Answer:  Do you really think that the US Governement is afraid to use an usb flash drive received during an official meeting?

Firstly, the authorities do not use their main network for non-internal unsecured devices. Those computers are locked down or the USB ports are disabled. There are removable media use policies in place and designated workstations. I have worked for different private companies that had this type of systems in place. I believe that the federal governement is ahead of most private companies.

We think too much of these "threats". It happens when we watch many espionage movies. 

 

Did you have physical wedding pictures or electronic ones? It sounds like you brought everything electronically and nothing physical but car/room keys. This is a big no no and you should have known this if you went with a lawyer.

Answer: We had digital files, no printouts. The USCIS worker did not want to see anything anyway and we asked if we could submit printed pictures and she said no. The documents required at the interview (as per Form I-797C, Notice of Action - Request for applicant to appear for interview ) were not received. The lady declined to accept all the documents listed by the Interview Notice. She seemed very annoyed by the fact that we did not submit documentation regarding joint assets or liabilities. She specifically asked for property documents, joint bank accounts, a lease showing joint tenancy of a common residence and taxes filed together. She didn't want to hear anything else. She wouldn't listen to anything we had to say. She rejected as useless all the other documentation that we had, as if it was unworthy of acceptance, of no value, completely worthless, NIL.

 

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

Answer: The only thing that we would do different would be the pictures - printouts, not digital files. That would be at the interview anyway. The new "whole packet" would be exactly the same as the initial one. We will not have joint assets. 

 

Then your just wasting everyones time...