capin

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?

SanDiegogirl

Is what an issue?

capin

The absence of a rental agreement or house ownership documents in joint names.

Noorah101

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

You don't need to own joint property.

Rene

civilservant

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.

Rete

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.

capin

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.

Rete

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.

Olly_

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.)

capin

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.

sherbert

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!

Rete

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

S Folinsky

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.

capin

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.

S Folinsky

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.