mikeymike68

Hello,

My British spouse and I have recently married 6 weeks ago and will be applying for the marriage based green card. We've been together for 6 years but this only recently became possible when the U.S. Supreme Court decision overturned DOMA and mandated the federal government's recognition of gay marriages. Since it's now possible we will still, never-the-less, need to meet all the same requirements as a straight couple.

The major item we do not have that I keep hearing about as very crucial is a joint bank account. He is out of status, works under the table and does not have a valid SSN so we are unable to open a joint account. However, we have many other things we can dig up and provide to prove bonafide marriage such as:

1) 2 Joint apartment leases in both our names (going back 6 years);
2) Joint rental insurance in both our names;
3) He is the beneficiary on both my personal and employer-sponsored life insurance policies (going back 2 years);
4) He is now on my employer's health & dental insurance plan;
5) After getting married, I filled out forms with my employer changing my marital status;
6) Expedia itineraries from six different vacations/flights we have taken together;
7) He is listed on my T-Mobile family plan;
8) 6 years worth of photos to choose from (including photos w/family members);
9) numerous affidavits from friends attesting to our relationship;
10) Wedding invitation and receipts from our wedding reception; and
11) other scattered pieces of evidence

I was hoping I would be able to present a slam-dunk case in our application so that the interview will just be a formality. Will we still be able to do this without that crucial joint bank account?

hoffage123

The joint account is the least of your worries. The interview will NOT just be a formality in your situation, and the more pressing issue is the overstay. I strongly advise that you secure the services of an experienced immigration attorney who will be able to guide you on the best course of action for you both.

As an answer to your question, joint accounts can prove co-mingling of assets, but there are other ways to do so. Take a look at some of the threads on the forum where people have managed to do so. But before you apply for anything, seek legal advice.

civilservant

In no way is the interview (or this case) a slam-dunk, simply because he is an overstayer. What status did he hold upon entry? Did he have a visa? I agree with Hoffage you should consult with an Immigration Attorney experienced with overstays.

I personally think, based on your other evidence, that you don't need a joint bank account - since many people do not mingle their finances in this way.

mikeymike68

He came in on a tourist visa and just overstayed the 90 days. I've known dozens of couples, where one spouse overstayed, that have had no problems applying for and getting their green cards. As I understand it, as long as he entered the country legally he will be just fine?

When we first became a couple our original plan was to register as domestic partners and for me to move to Europe with him back in 2008 and re-settle (we researched it and EU law made that possible). That plan never materialized.

civilservant

So he didn't come on a tourist visa - he entered using the Visa Waiver Programme.

You understand incorrectly, and should be under no illusions that this may go wrong - he could be refused, arrested, and deported. It might be fine, then again it might not. I still believe a consultation with an attorney is in order.

So then the plan became to just break the law?

mikeymike68

Huh? There was no plan to break the law. How is getting a domestic partnership and planning to move to the EU where their laws would accept it for immigration purposes breaking the law? He was already overstayed when we met.

civilservant

That wasn't clear from your posts. So how long has he been an overstayer? You say he has worked, has it always been cash in hand or has he obtained an SSN (either his or someone elses) somehow?

hoffage123

+1 to CS on the points mentioned already.

Agreed that you need to go for an initial consultation at least with an experienced attorney, one who knows about overstays. That is your best chance of hooping/slam-dunking/insert basketball metaphor-ing your case, with all the variables (working illegally, overstaying, misrepresenting themselves potentially as a US resident/citizen by being put on documentation etc)

As CS has said, the potential consequences for overstaying for your spouse are really serious, and they potentially get more serious the longer the overstay.

Forget the 'dozens' of people who managed to get a greencard .... focus on your case and how you intend to convince the US to let your spouse stay. Imo I would not do a DIY job on this, as the stakes are too high for you personally.

mikeymike68

He has been overstayed since mid 2007. I've done some researching on this, a large percentage of the green cards that get approved are for couples where one spouse is overstayed and I personally know dozens of couples, where the overstayed spouse is from a visa waiver country such as England, France, Germany, that had no problems getting their green cards. The quick phone consultations I have had with attorneys indicated there would be no problems. However, we do have an appointment to speak with an attorney next week.

hoffage123

This is probably obvious but make sure before you engage their services fully that you know they are versed in this area of immigration. You need someone who knows the law inside-out and isn't there to make a quick buck out of you. A good attorney will acknowledge there will be a challenge with regard to this; remember they aren't in it out of the goodness of their hearts. Good luck.

mikeymike68

In re: hoffage123's concern re: "with all the variables (working illegally, overstaying, misrepresenting themselves potentially as a US resident/citizen by being put on documentation etc)"

No misrepresentation was done. There are only a handful of instances where proving citizenship is required. There is no such citizenship or legal residency requirements for most things...such as: to be on an apartment lease or to be made a beneficiary on my life insurance policies, etc. Many things don't even require an SSN and in any case where a valid a SSN was required, we just simply would not go there.

civilservant

That may be true (since illegals adjusting status are one of the few types that interview for adjustment to PR inside the US) but how many are actually denied? I've already said it will probably be ok, but that you should take appropriate precautions.

Beyond that your question has already been asked and answered.

ian-mstm

I'm not sure what you've heard, but a joint bank account is not (and has never been) a requirement for a successful adjustment.


Just so you know, if his adjustment is denied for any reason whatsoever - any reason - there is no appeal process. He signed away any rights he might have had when he entered the US on the VWP. If his adjustment is denied, he will become immediately removable from the US, possibly subject to detention, and possibly subject to a lifetime ban from the US.

Will it come to that? Probably not... but there are no guarantees! Make sure your attorney knows everything that he's done! This is not the time to minimize and gloss over! If the attorney suggests that there will not be a problem, seek a second opinion.

Ian

Ian

S Folinsky

Note: Different offices, different floors in the same office, or different officers may have problems or no problem with the VW overstays. It is a somewhat common question on attorney chat boards.

Noorah101

The answer to your basic question is No, you don't need a joint bank account in order to have a successful AOS.

However, as others have pointed out, because of several hiccups along the way in his situation, the case itself isn't a slam-dunk, and the interview is never just a formality.

Just make yourselves aware of the risks involved in AOS, do your best, and have a Plan B in case it's denied.

Rene