Proving we are really married

Old May 11th 2020, 3:09 am
  #1  
Forum Regular
Thread Starter
 
Joined: Apr 2014
Posts: 66
capin is an unknown quantity at this point
Default Proving we are really married

Hi All,

I've been living in the USA since 2015 on an L1B. I am currently on I485-AOS.

I bought a house here in NC in Sep 2016 and I got married and my wife moved here in Sep 2019. My wife is here on AOS and although she has her I766 she still hasn't got her SSN (its in the works apparently). I'm thinking about the GC interview and the house being in just my name. Is that an issue please?

capin is offline  
Old May 11th 2020, 4:40 am
  #2  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,209
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: Proving we are really married

Is what an issue?
SanDiegogirl is offline  
Old May 11th 2020, 4:49 am
  #3  
Forum Regular
Thread Starter
 
Joined: Apr 2014
Posts: 66
capin is an unknown quantity at this point
Default Re: Proving we are really married

The absence of a rental agreement or house ownership documents in joint names.
capin is offline  
Old May 11th 2020, 4:57 am
  #4  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,093
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Proving we are really married

Are you both getting your green cards based on your I-485 through the company?

You don't need to own joint property.

Rene
Noorah101 is offline  
Old May 11th 2020, 11:41 am
  #5  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 7,667
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: Proving we are really married

I'm confused as to the basis that your spouse came to the US. Is she piggybacking on your GC application? If so what was her status?

As Rete says Rene says above, if you are both being sponsored by an employer separately then the joint resources are immaterial.
civilservant is offline  
Old May 11th 2020, 11:50 am
  #6  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 43,735
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Proving we are really married

My guess would be that you are confusing your marriage viability and your adjustment of status with the adjustment of status based on marriage to a US citizen.

Two completely different scenarios, Capin. Rest easy, joint ownership of the home is not an issue.
Rete is offline  
Old May 11th 2020, 2:06 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Apr 2014
Posts: 66
capin is an unknown quantity at this point
Default Re: Proving we are really married

Originally Posted by civilservant View Post
I'm confused as to the basis that your spouse came to the US. Is she piggybacking on your GC application? If so what was her status?

As Rete says Rene says above, if you are both being sponsored by an employer separately then the joint resources are immaterial.
My wife came here on an L2. The I94 and L1/2 PED is this week which is why I didn't delve into the details too much. Currently we are both on in I485-AOS sponsored by my employer.

Originally Posted by Rete View Post
My guess would be that you are confusing your marriage viability and your adjustment of status with the adjustment of status based on marriage to a US citizen.

Two completely different scenarios, Capin. Rest easy, joint ownership of the home is not an issue.
I think you've pretty much hit the nail on the head here thanks Rete. I was aware that the interviews are not the same but I was thinking that there may be some overlap.

I'm trying to prepare for the green card interview and getting as many supporting documents together. The lawyers did mention that I may be asked to prove that we have a Bona-Fide marriage. We have joint bank account statements, joint utility bills, she is the beneficiary on my 401K, etc but any research I have done mentions that having a joint tenancy agreement or joint house ownership is useful.
capin is offline  
Old May 11th 2020, 2:26 pm
  #8  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 43,735
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Proving we are really married

Originally Posted by capin View Post
My wife came here on an L2. The I94 and L1/2 PED is this week which is why I didn't delve into the details too much. Currently we are both on in I485-AOS sponsored by my employer.



I think you've pretty much hit the nail on the head here thanks Rete. I was aware that the interviews are not the same but I was thinking that there may be some overlap.

I'm trying to prepare for the green card interview and getting as many supporting documents together. The lawyers did mention that I may be asked to prove that we have a Bona-Fide marriage. We have joint bank account statements, joint utility bills, she is the beneficiary on my 401K, etc but any research I have done mentions that having a joint tenancy agreement or joint house ownership is useful.
Since she is here with you on a derivative visa, your marriage was already proved at the Embassy level. Yes, by all means, bring a smattering of proof of your continuing marriage. It will make you less anixous.
Rete is offline  
Old May 11th 2020, 4:27 pm
  #9  
BE Enthusiast
 
Joined: Feb 2015
Location: New Jersey, USA
Posts: 418
Olly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond reputeOlly_ has a reputation beyond repute
Default Re: Proving we are really married

Originally Posted by Rete View Post
Since she is here with you on a derivative visa, your marriage was already proved at the Embassy level. Yes, by all means, bring a smattering of proof of your continuing marriage. It will make you less anixous.
They may well ask for proof of bona-fide marriage at AOS even if you are on a derivative visa.

I was in a similar situation (L-1/2, AOS) and received an RFE for proof of bona-fide marriage during the process. It wasn't an issue - I had plenty of paperwork to submit and was approved without a problem but it's definitely something to be aware of.

I don't think the OP will have an issue though, I'm sure they have plenty of other documentation that will work (joint bank account statements, perhaps a jointly filed tax return for 2019 etc.)
Olly_ is offline  
Old May 11th 2020, 4:33 pm
  #10  
Forum Regular
Thread Starter
 
Joined: Apr 2014
Posts: 66
capin is an unknown quantity at this point
Default Re: Proving we are really married

Originally Posted by Olly_ View Post
They may well ask for proof of bona-fide marriage at AOS even if you are on a derivative visa.

I was in a similar situation (L-1/2, AOS) and received an RFE for proof of bona-fide marriage during the process. It wasn't an issue - I had plenty of paperwork to submit and was approved without a problem but it's definitely something to be aware of.

I don't think the OP will have an issue though, I'm sure they have plenty of other documentation that will work (joint bank account statements, perhaps a jointly filed tax return for 2019 etc.)
Tax return is a good call. My wife got her 766 in mid march but we are still waiting for her SSN before we file our (joint) taxes.
capin is offline  
Old May 12th 2020, 3:20 am
  #11  
BE Enthusiast
 
Joined: Feb 2013
Posts: 928
sherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond repute
Default Re: Proving we are really married

At our GC interview in 2019 (self petition NIW, both EU citizens, transitioning from H1-b/H4), I was asked to prove the marriage was bona fide which I wasn't expecting as I mistakenly thought that it was only those who are married to US citizens that must prove this. Fortunately I had brought several documents with me. I showed our rental agreement with both names on it, joint credit cards, tax return (with my ITIN noted) and car insurance documents with both our names on it and the officer *still* wanted more (our cars are very old, not leased, bought outright and her exact words were 'These cars are too cheap: I want to see that you got yourself into debt together. Did you buy a big TV, take out a loan or something?'!).

The only other thing I had with me was our Costco account cards and health insurance cards: she accepted them as part of the evidence. She asked me to provide photos of us on trips over the years and of our wedding and of us with each other's families (which is impossible for one us - she accepted this though), none of which I had brought with me to the interview. The officer told me to go across the street to the copy shop and print out colour photos of these things and bring them back to her. They asked us when we moved in together and neither of us could remember, which was quite amusing (terrifying at the time).

In short, take everything and anything that has both your names on it. Get a joint bank account if you haven't already got one.

Don't think that you won't be asked to prove that your marriage is bona fide because you are not from a country where arranged marriages or marriages of convenience are common, as I did.

The officer said to me 'I don't care about your marriage certificate: everyone who comes in here has one and for half of them it means nothing!'

That said, the officer was respectful, helpful and charming in her own way!
sherbert is offline  
Old May 12th 2020, 2:27 pm
  #12  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 43,735
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Proving we are really married

Capin, on the advice of those that have been there and done that, I apologize for my post of advising you that proof of your marriage wasn't necessary.

Bring items that prove your marriage is a viable ongoing marriage and that you have commingled your financial lives together, i.e. health insurance, car insurance, life insurance with spouse as beneficiary, work notification with your spouse as emergency contact, birth certificate of children you have had together (for applicable), bank accounts, taxes filed showing married filing joint or separate, etc.

Rete
Rete is offline  
Old May 14th 2020, 4:59 pm
  #13  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,279
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Proving we are really married

Originally Posted by Rete View Post
Capin, on the advice of those that have been there and done that, I apologize for my post of advising you that proof of your marriage wasn't necessary.

Bring items that prove your marriage is a viable ongoing marriage and that you have commingled your financial lives together, i.e. health insurance, car insurance, life insurance with spouse as beneficiary, work notification with your spouse as emergency contact, birth certificate of children you have had together (for applicable), bank accounts, taxes filed showing married filing joint or separate, etc.

Rete
I think there is no need to apologize. On a general basis I tend to agree with your prior posts.

That said, I believe that the acronym of YMMV (Your Mileage May Vary) applies. There may be factual differences including being examined by the officer from Hell.
S Folinsky is offline  
Old May 14th 2020, 5:14 pm
  #14  
Forum Regular
Thread Starter
 
Joined: Apr 2014
Posts: 66
capin is an unknown quantity at this point
Default Re: Proving we are really married

Originally Posted by S Folinsky View Post
I think there is no need to apologize. On a general basis I tend to agree with your prior posts.

That said, I believe that the acronym of YMMV (Your Mileage May Vary) applies. There may be factual differences including being examined by the officer from Hell.

Having not had my interview, (In fact I haven't even received the 797 for the appointment yet) and having to rely on other people's experiences on the internet, There is not really a clear answer. What I think has happened is that when the EB interviews were re-introduced, The immigration officers weren't really sure what to do and leaned towards what they knew - Questions about marriage.

It's really hard to tell what is going on with AOS at the moment. Our biometrics appointment was in March but was cancelled due to the Covid shutdown but then our EAD combo cards showed up a couple of weeks later. We had an initial RFE for I693, We've had the medicals and sent the response via the lawyers. I don't know what's next - Will we need to still do biometrics? I asked the lawyers and they're not sure. I guess it's wait and see. Some lawyers on Youtube (I know) are reporting that many EBs are getting Green cards without interviews!

No need to apologise for offering what is well intentioned advice right now as the world has gone mad and nothing is certain.

Last edited by capin; May 14th 2020 at 5:21 pm.
capin is offline  
Old May 14th 2020, 11:34 pm
  #15  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,279
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Proving we are really married

Originally Posted by capin View Post
Having not had my interview, (In fact I haven't even received the 797 for the appointment yet) and having to rely on other people's experiences on the internet, There is not really a clear answer. What I think has happened is that when the EB interviews were re-introduced, The immigration officers weren't really sure what to do and leaned towards what they knew - Questions about marriage.

It's really hard to tell what is going on with AOS at the moment. Our biometrics appointment was in March but was cancelled due to the Covid shutdown but then our EAD combo cards showed up a couple of weeks later. We had an initial RFE for I693, We've had the medicals and sent the response via the lawyers. I don't know what's next - Will we need to still do biometrics? I asked the lawyers and they're not sure. I guess it's wait and see. Some lawyers on Youtube (I know) are reporting that many EBs are getting Green cards without interviews!

No need to apologise for offering what is well intentioned advice right now as the world has gone mad and nothing is certain.
Although retired, I still participate in immigration lawyer chat rooms. It seems that many EB cases are being approved if the medical are in order. Again, YMMV.
S Folinsky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.