Misrepresentation - ban for life?

[BrianUSA 35]

1 minute ago, Nitas_man said:

K3/AOS then I went on expat assignment. Abandoned the card, refiled, returned to the US.  Went back on expat assignment, refiled again for (rare and difficult) SB1 which is (two) interviews, returned last year.  

 

No more.  Her next interview will be N-400 if I can talk her into it LOL.  

 

We do treat those interviews like preparing for a mission even after so many experiences at those counters and she ALWAYS brings loads of evidence but there is a huge difference between what we prepare for and what actually happens so I am NOT advising you to be unprepared but I am trying to get you guys to settle down and focus on getting what you have together in a neat and easy to follow relationship timeline with simple milestone evidence to go with your relationship story.  

Oh wow lol, Yes I think we are over thinking and very stressed, mostly after reading some horror stories here but I do realize that those are mostly from high fraud countries ..

She will be prepared and will bring everything with her and hope for the best. 

[Nitas_man 3,100]

2 minutes ago, BrianUSA said:

Oh wow lol, Yes I think we are over thinking and very stressed, mostly after reading some horror stories here but I do realize that those are mostly from high fraud countries ..

She will be prepared and will bring everything with her and hope for the best. 

Good luck to both of you 👍

[BrianUSA 35]

1 minute ago, Nitas_man said:

Good luck to both of you 👍

Thank you! 🙏 

[GMvietnam 28]

1 hour ago, BrianUSA said:

I don't have assets or anything meaningful in order to have a will  

You gotta R-E-L-A-X.  They'll laugh at you for providing a "WILL" as proof.  Your wife is entitled haft of your money/assets and if you died, she's entitled 100% UNLESS there's a prenup.  You can not have a will that would give all your money/assets to anyone while your wife is alive because it is NOT all yours to give away...Good luck.

[vincentlina 74]

1 hour ago, Bill & Katya said:

To the OP, @missileman mentioned in one of his first responses Wills/Living Wills.  I would look into that as well.  Simple Wills can be done fairly quickly for at least yourself.  You can do one for her as well, but she will have to sign it and have it notarized in Portugal.

 

Good Luck!

A Wills/Living Wills? Honestly, when you think realistically about it...who does wills/living wills this early in their marriage? The two haven't even started living together as a unit, which means there are still so many things for them to yet learn about each other? So, having a living will this early in the start of a marriage would seem extremely "suspicious" to me as a CO. 

[Crazy Cat 39,192]

Just now, GMvietnam said:

You gotta R-E-L-A-X.  They'll laugh at you for providing a "WILL" as proof.  Your wife is entitled haft of your money/assets and if you died, she's entitled 100% UNLESS there's a prenup.  You can not have a will that would give all your money/assets to anyone while your wife is alive because it is NOT all yours to give away...Good luck.

Not true........Pre-marital assets are not community assets.....He can choose to leave them all to his wife or others....his choice.......No one will laugh at his having a will....a will is good evidence of commitment....

Just now, vincentlina said:

A Wills/Living Wills? Honestly, when you think realistically about it...who does wills/living wills this early in their marriage? The two haven't even started living together as a unit, which means there are still so many things for them to yet learn about each other? So, having a living will this early in the start of a marriage would seem extremely "suspicious" to me as a CO. 

I disagree.......not suspicious at all.

[Crazy Cat 39,192]

1 minute ago, vincentlina said:

A Wills/Living Wills? Honestly, when you think realistically about it...who does wills/living wills this early in their marriage? The two haven't even started living together as a unit, which means there are still so many things for them to yet learn about each other? So, having a living will this early in the start of a marriage would seem extremely "suspicious" to me as a CO. 

A "living will" is also a health care proxy statement........legal, logical, and evidence.

[Crazy Cat 39,192]

5 minutes ago, vincentlina said:

who does wills/living wills this early in their marriage?

My wife and I did pretty early in our marriage.

Edited July 27, 2019 by missileman

[vincentlina 74]

1 minute ago, missileman said:

My wife and I did........

Fair enough, but consider that this couple have been together 3 or less years? Obviously I'm not an expert in this matter, but I'm trying to look at it from a realistic perspective. However, creating such marital documents (wills/living wills) is just something not commonly done this early in marriages. 

[Crazy Cat 39,192]

1 minute ago, vincentlina said:

Fair enough, but consider that this couple have been together 3 or less years? Obviously I'm not an expert in this matter, but I'm trying to look at it from a realistic perspective. However, creating such marital documents (wills/living wills) is just something not commonly done this early in marriages. 

Case evidence of a bona fide marriage is built on, among other things, legal documents which are normally generated during a real marriage. You create them as you need them.........and creativity is sometimes a good thing....

[Nitas_man 3,100]

I agree with most of you guys’ posts because it is solid advice - but doesn’t “creating” evidence look like creating evidence?  At this point?  A few weeks before interview and dated after the interview is already scheduled? 

 

“What’s this?  Why’d you do this now?”  

 

What’s the answer to the CO there?  I can see the beneficiaries face now.  Anything but we needed to create the evidence will be a tell to the CO.  Save it for ROC and throw it in with life insurance beneficiary document would be my advice.

 

If I thought a case was weak I’d go with affidavits from people in photos with us, with the photo embedded in the affidavit, before I’d create a will after the interview was already set up.

 

 

[GMvietnam 28]

28 minutes ago, missileman said:

Not true........Pre-marital assets are not community assets.....He can choose to leave them all to his wife or others....his choice.......No one will laugh at his having a will....a will is good evidence of commitment....

I disagree.......not suspicious at all.

Pre-marital assets are not community assets is TRUE but very hard to prove. 

ex: If you have $100k in your account prior to marriage, and when she arrived to the US (no job, no money) you spent 50k on a boat, 50k on a car for her during the marriage.

Now your pre-marital asset is $0.  Two 2 years later she got a good job and you both save up $100k. 

 

Here comes the divorce:  You both get half everything and you don't walk away with 100k pre-marital asset...Agree?

 

[Crazy Cat 39,192]

1 minute ago, GMvietnam said:

Pre-marital assets are not community assets is TRUE but very hard to prove. 

 

ex: If you have $100k in your account prior to marriage, and when she arrived to the US (no job, no money) you spent 50k on a boat, 50k on a car for her during the marriage.

 

Now your pre-marital asset is $0.  Two 2 years later she got a good job and you both save up $100k. 

 

 

 

Here comes the divorce:  You both get half everything and you don't walk away with 100k pre-marital asset...Agree?

 

 

 

That's why God made lawyers and judges......

[Dashinka 23,209]

52 minutes ago, vincentlina said:

A Wills/Living Wills? Honestly, when you think realistically about it...who does wills/living wills this early in their marriage? The two haven't even started living together as a unit, which means there are still so many things for them to yet learn about each other? So, having a living will this early in the start of a marriage would seem extremely "suspicious" to me as a CO. 

Then I guess you could say that about joint leases/mortgages, or joint bank accounts.  We decided to do wills and living Wills at my wife’s ROC stage, they were simple, but it does show another form of marital commitment.  Heck, even single people should have Wills, but I suppose most do not.

[Dashinka 23,209]

8 minutes ago, GMvietnam said:

Pre-marital assets are not community assets is TRUE but very hard to prove. 

 

ex: If you have $100k in your account prior to marriage, and when she arrived to the US (no job, no money) you spent 50k on a boat, 50k on a car for her during the marriage.

 

Now your pre-marital asset is $0.  Two 2 years later she got a good job and you both save up $100k. 

 

 

 

Here comes the divorce:  You both get half everything and you don't walk away with 100k pre-marital asset...Agree?

 

 

 

Really depends on what form the pre-marital assets are in.  Another example would be to have $100k in bearer bonds, no records of who owns them.