Consulate / USCIS Member Review #26295

Charleston SC Review on May 28, 2019:


Review Topic: Adjustment of Status

Our situation:

I, the beneficiary, was working in the US on a TN visa when applying for AOS. My husband is a USC by birth. We met four years ago on vacation, while I was technically married to my first husband but we were separated. I got my second TN in Charleston for a perfect job. I planned to stay with my now-husband while I looked for my own place but never left. Technically, I moved in as soon as I entered the country, though that wasn't the intent. We have one child born last year, and have been married for 1.5 years as of today.

Things that supported our application:

- we do have a kid

- we have some joint bills (some of the important ones anyway)

- we're really legit

Things that didn't support our application:

- while we do have joint finances, it's only when it "made sense" - like joint car and home insurance, medical and dental, a family cell phone. Everything else, like internet and utility bills, are separate. We still have no joint baking accounts.

- we have no pictures. I hate pictures, and can't budge.

Other things:

- I make well above the 125% poverty line on my TN. My husband started his own business last year, and as it's in the process, his expenses far outweigh the revenues, so his profits are "R&D scale". I am supporting the household financially, and we did not seek a joint sponsor nor include my husband's assets (I just have student loans). This was the basis for my successful EAD expedite, which allowed me to continue working after my TN expired.

Among the obvious (marriage certificates, birth certificates, etc.) we submitted:

- a joint tax return for 2017

- my W-2s and pay stubs

- a letter from my employer saying that they want to employ me forever because I'm fantastic

- my husband's business and other licenses

- medical, dental, and home insurance statements in both of our names

- a cell phone bill in both of our names

- a deed to the house, owned in full by my husband only

- some bills to our address in my name only - internet, phone, etc.

- a lone photograph of our family for no apparent reason

- affidavits from my coworker, my husband's ex-coworker and now family friend, and my husband's parents

Since we don't have any joint accounts (though we do have joint finances, in that we both pay for things), no photographs of ourselves ever, and since my USC sponsor isn't really much of a sponsor at the moment, I was quite a bit worried.

I therefore assembled the following for the interview, on top of updated bills already listed:

- car insurance we finally consolidated (we still own our cars individually)

- property card for the house with my husband as the owner, and the bills that he handles in his name (like electricity)

- memberships to various things like Costco and the Children's Museum with both of our names, and pet insurance records with both of us as owners

- recent family trips: a flight we all took together, some recent hotels in my name only but for two adults and a baby, and a giant list of AirBnbs and associated reviews from the hosts, most of whom mentioned both of us, our baby, and the dogs.

The interview:

We showed up about 15 minutes early and didn't realize we had to check in. We were called when our CO was wondering if we showed. I apologized profusely. My husband was annoyingly calm.

We were called about 10-15 minutes after our official interview time. The CO introduced herself and went through our forms, confirming generic biographical information (name, address, date of birth, date of marriage). She checkmarked as she went along. She reshuffled the documents for a while and I told her that I swear I organized it better than that, she chuckled.

She asked where we met, and I explained in two sentences. She wrote it down.

She confirmed my husband's company name and asked where I worked.

She asked the "are you a terrorist" questions one by one on the application form, checkmarking as I confirmed no.

She then asked if I have any additional evidence for our marriage. I unloaded everything I prepared, down to pet insurance. She didn't look at it while she was taking it and adding it to the binder. I'm pretty sure she would be rolling her eyes and laughing if she weren't so professional.

She then told us the card will be in the mail shortly and explained the ROC procedure. My husband asked me if I needed to write that down. I said I was fully aware. CO laughed and said she'll walk us out and congratulations.