KawikaDavid

SusieQ---think she'd be as happy with either....but we are off point.

Chancy, Thank you for the nice reply and info!  I will.

Hi Millifleur,

The sister idea now appears out of reach and I'm considering my parent's in law. I don't see them has having a tangible reason to stay either. They both freelance selling fruit and doing construction probably under the table (Philippines). Their  real reason to go back home is the love of their family friends and country, none of which can be calculated.

thanks

Thanks Chancy....makes sense. Perhaps they are very nervous flying and would like to minimize flying while maximizing time spent with US family. Also, although they own a house, they are not wealthy and have no bank account; is that a factor?  thanks,

HI Miimelo,

See new reason above....Oh, no baby care training need as we already have 21month old.

Thanks Jorgedig,

Well how about for a visit which it will be-- a chance to see the country, their daughter, and the new baby for a few months?

tx

I would agree (slim chances). Oh well....hmmmmm  perhaps the parent would be a better idea?   Just looking for some family help with the new baby.

Hi all. It may not be book keeping I'd have to ask my wife. As far as 6 months, I read somewhere that was the max.  thanks!

Yes....you are right Boiler.

Hi Boiler,

Just doing some bookkeeping for a small business that would be understanding of her need to take a leave.

thanks

Thank You for all of the great responses..........well, I guess, that's that.

Hi,

Does anyone know a solution to this problem: My Filipina wife is now a US citizen. She would like to petition her sister to visit us for 6 months, as we are expecting. The problem is that her sister does not have a lot of money and does not have a bank account (though her sister is employed). I have more than sufficient financial means to support her visit. Can my finances function as the primary proof of funds?  Or....any suggestions to solve this problem?

Thanks,

David

David,

My wife and I are in a very similar situation. As other said, just try to send in what you have as joint car insurance (pain to get if she is not licensed yet), joint renters insurance, drivers license, apartment lease, joint bank account with statements paying living bills, cell phone bill, and photo's of drivers license to show proof of living together. Also, my wife is filipina as well. It's not so much in that she makes minimum wage vs see you spend money together and live a life together.

For many others commenting here. Filipina's are used to cash only currency without all the paperwork. It's extremely confusing for them, I also looked into the prenup but then did a trust instead. My wife made about 40k last year however, could never maintain a balance over $1,500 to avoid the bank fees on here bank account. It's just how they live, most call it live for today not for tomorrow.

As for credit cards and authorized user...it really does nothing. The authorized user has all access to the funds with no financial responsibility, it also does not help build there credit. For us, we got a secured card and created her own credit so she can have in future. We don't carry any joint credit cards. I was unable to add her to the power bill without credit as well, water/trash was through our apartment complex. Really only 1 bill.

Bottom line, give what you can in regards to the RFE. You have some solid things you can include and then go to the interview. When questions on finance directed at my wife come up, they see she gets really confused. Even cashing a check is pain, why do they need my fingerprints? They saw my ID, it's me

Watdog, thanks for the very nice letter. You gave me another idea---a reason she's not on utilities "because I was under the impression she needed a credit rating to be added." Did you receive an RFE, and then later a request for interview? thanks!

Thank you! I was actually sitting here for a minute trying to figure out a better way to describe it, since most financial transactions are all electronic numbers now a days. Some things are easier to understand when put into something more tangible.

Again though, like others have said, provide the evidence you have, worst comes to worse you get an interview and then really, you'll get a good chance to explain how ya'll do things as a functional couple and there most likely won't be any issues. =]

Thanks again and happy 4th to you and yours, take care.

Comingling of funds does not mean that you take care of her or she takes care of you.

The definition they (USCIS) are using of commingling of funds is: When two or more individuals money is put into a pool of money, such as a joint account, and have access to the money, the money/funds are considered commingled. When USCIS looks at the bank account and sees a balance, they should not (without some actual looking) be able to tell who put in what money into that account. If the account has one name, they know who put the money in, if the account has two or more names, then say if the balance is 10,000 but the deposits for the month were only 4,500, they can't tell who's money is who's out of the 10,000, thus making the funds commingled.

If you think of it as a physical aspect, they basically want her to throw a pile of cash into a pool, then they want you to throw a pile of cash into the same pool. After you do that, they're going to say "Now who's dollar bill is who's?". Yes, you could go "well I threw in X and she threw in Y, let's count", but if they picked up a single dollar bill, you wouldn't know who's single dollar bill that was out of the pool.

You providing for her is simply covering the agreement you made with the I-864, that you would be financially responsible for her. Now you have to show a line of trust between two people, by having a bank account that allows access for both you and your wife, along with that bank account having money from both.

Again, in this case JUST to meet USCIS requirements, some people open three bank accounts, two personal (one for each person), then one joint. The paychecks go into the joint, the bills are paid for both people, then everything gets split to the two others account for free spending money.

If you get an interview, just bring all the proof possible. Ya'll should be fine, but just be prepared.

Ash...............well said, thanks. And I like your analogy. Yea....that was generally my initial understanding of comingling. As I responded to other's , I became a little unsure. Yes...they are looking for "a line of (financial) trust between two people".

And that is going to prove?

Also is her name on the place you live in? Is her name on anything?

Thanks Maria ans Steve............of course that's proof. The checks are written from me to her health ins.

Yes....all of her checks from her work have our address. Her health ins too. Her Drivers permit, CA ID, Bank accounts(personal and joint), Nursing asstance certificate...............probably some more too. Yup, thanks

Doesn't really show that you are commingling your finances though.

Are both your names on the health insurance or only her name?

Hey guys...........I think just hers (I'll check)....But I can easily show 3 years of monthly checks generated from my personal checking account, so that's not problematic....thanks

Some of you think I have some "fascination with the prenup." I don't. In fact I will not be even mentioning it to immigration. Also....I plan on sending in everything I have that has been suggested. I do, however,...at this point, feel that adding my spouse to one utility bill (info due next month) is ill- advised and might be perceived as game playing. But........I'm open minded.

I haven't heard from anybody yet that has had their 10-year delayed (like us) because of insufficient info. Tell me your story, please.

I don't think it's her contributing that USCIS is looking for per se. Women stop working in traditional marriages, so her not putting funds into marriage won't really raise any flags about your relationship. USCIS is probably more looking for proof that you're looking out for each other financially -- something that a green card marriage wouldn't likely exhibit. I've read some people send in their wills, power of attorney, authorized signatory, etc. Those would be good evidence too. Did you send in affidavits as well? Get someone who understands your finances to attest to your marriage.

I do like the idea of a letter too. You can mention your situation and invite them to visit your home or have you come in for an interview if they need further proof.

and I'm from Manila

Thank you Babs.... Well if it's proof that I'm looking out for her, financially....I have that in spades...I have all kinds of proof.....I'm paying for her shelter, health insurance, clothes, food, .....everything. I think I'm becoming less clear of their (USCIS) primary concern. thanks

Why are you stuck on the fascination that she must pay the bills if her name is on them along with yours. You can still pay them. They're not looking for who wrote the check, just that everything is in both your names....

Shaunug...thank you. I still seems unreasonable for me to believe that putting her name on the last bill of a 3-year marriage is going to change anything (remember this is due next month). It might even indicate I'm playing games with them. I think I'm better served to explain the situation as it is rather than change it on the 11th hour.........but who knows?...............Actually...that is why I'm on here. ("Who knows"). Does anybody really know? Better said: Has anybody been in a similar position for which their 10-year was delayed due to a request for information? If so..........tell me the story...please. thanks

David, you have an unusual situation. Because you don't look like a "normal" couple from a financial standpoint (well, if it were 1940, maybe), it will be up to you to demonstrate that you are, in fact, a bonafide couple.

Your best bet is to write them a letter in response to the RFE, and explain that you know you do not look like most couples, but you do not mingle your finances and give your reasons for not doing so. An absence of co-mingling will not mean your spouse will not be able to do the ROC, but you can probably count on being called for an interview.

While the pre-nup might have been a good idea, it does raise flags. The two of you will, most likely, be able to overcome them, but do be prepared for some more in-depth questioning.

Best of luck.

Sukie in NY

Sukie ...I agree with everything you said. And, I will address the finances as you suggest. Also.....I am going to focus on our "social comingling". We got married in USA. One year later, not because we had to, we had a second marriage church service for the benefit of her family in the Philippines. I had many time consuming and expensive hoops to jump through because I am not catholic. I was happy to do it and it is well documented with many pics. That, seems to me, would not typically happen if it were a sham marriage.

You can not submit what doesn't exist. However USCIS is requesting more evidence and therefore it is perfectly ok to NOW

add her to the utility bills and submit it with a note attached of why you haven't done so from the beginning of the marriage.

It is not contrived to fake out anyone, it was requested so submit it.

All your evidence gets a little lost in the many comments and it would be beneficial if you list ALL evidence here bullet style

so we can then add suggestions on what is missing. What you do have kind of gets lost with the explanations around it.

* Photos from trips

*Reciepts from trips

* etc etc.....

You get the point. Look over the list I posted earlier again to see what all you can add.

Thank you. Hmmm interesting (add her now to utilities). I don't know what my note would say. It might contradict why she's not already on there ( she's no money and lacks skills regarding paying bills). The only reason would be because USCIS asked me to ,which, seems to me, doesn't address their primary concern: sham marriage. But I thank you and will consider it.

You don't have a joint bank account?

Thanks Hank...............Yup....we have had a joint bank account since the beginning. However, it's not linked to my primary accounts and there have been minimal transitions within the joint account.

you are absolutely correct. and you shouldn't make any compromise just because the USCIS asks for it.

send a letter and explain your situation, tell them to interview you if necessary.

and one last thing you could always do a postnup.

Thanks subway guy. The more I think about it, the less inclined I am to even mention the prenup. Regardless of the prenup, I would have done it as I am. I have no problem paying the bills while she gets acclimated to American culture, goes to college, begins making more than minimum wage and understands working with money beyond a few pesos.

I guess some proof of you paying her health insurance might work too? Can you pull it out of her health insurance and your billing statements so the numbers match up? Did you send in your joint tax transcripts for all years of marriage?

I'm kind of reaching but I'm hoping that could get you the proof you need to appease USCIS.

I'm also from the Philippines, and judging from the ROC submission, me and your wife probably arrived at the same time. I'm working full time and taking my masters, while supporting my husband as he looks for a new job. I also worked with another Filipina who I transitioned my work to when I left my first job. She's taking SQL classes at night and selling beauty products on the side. I can speak for our resilience, so I'm positive she'll do well.

Thank you Babsloblaw,

Yea she is great. She's been working fulltime since her arrival and always offers to pay for things, but I've told her to save her money. Your idea re: health insurance--and my billing statements will match and it's a good idea. Thanks for that. Afterthought: but will that help? That will again establish that I am paying for everything. I think they want proof of her contributing? I 'm not sure what they want, honestly. Where in Phils are you from? thanks.....