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  • Not enough evidence?

    hello everyone. I came here on an F1 visa and got married to by husband 1,5 years ago. Although my visa expired and I stayed. I submitted all the papers to uscis about 5 months ago and yesterday I got an update saying that they scheduled my interview.

    But I feel like we dont have enough evidence for them to approve me and there is reasons for that.

    (My husband has not been the most resposible when paying taxes and he has been freelancing so I have a sponsor)

    1. I cant add him to my apartment lease because he has really bad credit and my landlord said that I might loose the apartment if I added someone with bad credit. (he has been evicted in the past as well)
    2. I dont have a driver license so I cant be on his car insurance.
    3. I havn't worked yet since Ive been in school so we havn't filed any joint tax returns.
    4. he checked "single" on his most recent tax return because he thought he had to be married that WHOLE year, which we had not. Also he put another adress than ours since he is not on the lease.
    5. He is currently unemployed and has no health insurance so I cant add me to that either.
    6.We dont have pictures with our family since my family lives in Sweden and I cant leave the country and his family lives on the east coast and I'm in california and we havn't had the money to go visit them yet.

    The only evidence we have is

    1. Joint bank account.
    2. gym membership
    3 costco membership.
    4. internet bill

    And alot of pictures. I'm worried that they will deny because we dont have enough evidence?

    I'm NOT worried about the questions because it is real and the questions will be easy for us to answer. My lawyer will be with us during the interview as well.

    What do you guys think? What will happen if they Deny me? would I have to be deported since I overstayed my student visa? or is it easy to re apply and try again? Or do you think they will look pass that we dont have all the "evidence" ?

    Thankful for all replys!

  • #2
    Life is not perfect and sometimes you can't do everything you want. Just bring what you have, explain the situation and everything is going to be ok. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Originally posted by Susanne View Post
      3. I havn't worked yet since Ive been in school so we havn't filed any joint tax returns.
      4. he checked "single" on his most recent tax return because he thought he had to be married that WHOLE year, which we had not. Also he put another adress than ours since he is not on the lease.
      Then he filed taxes wrong and he needs to go back and amend it ASAP. If he is married as of Dec 31 of a year, he must file as either Married Filing Jointly or Married Filing Separately. Not Single.

      Originally posted by Susanne View Post
      5. He is currently unemployed and has no health insurance so I cant add me to that either.
      If he has no income how is he going to meet the requirements for the Affidavit of Support? Or do you have a joint sponsor?


      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        Then he filed taxes wrong and he needs to go back and amend it ASAP. If he is married as of Dec 31 of a year, he must file as either Married Filing Jointly or Married Filing Separately. Not Single.


        If he has no income how is he going to meet the requirements for the Affidavit of Support? Or do you have a joint sponsor?
        We have already submitted his tax papers and they have already scheduled our interview. Yes I know he was stupid and though that he had to be married the full year.. We didnt realize it until we already sent all the papers to uscis.

        Yes I do have a joint sponsor.

        Comment


        • #5
          Originally posted by Susanne View Post

          We have already submitted his tax papers and they have already scheduled our interview. Yes I know he was stupid and though that he had to be married the full year.. We didnt realize it until we already sent all the papers to uscis.

          Yes I do have a joint sponsor.
          You can still submit Form 1040X, which is an amended return. You can change your filing status on this form and then take along original transcript of amendment from IRS to the interview, and explain reason for amendment if questioned. IO can decide to deny your application based on single status on Tax return meaning the petitioner claimed to be single as at the date ended Dec 31, while your application says Married.

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          • #6
            Hi Susanne. I know this process is very stressful and i would like to share a few kind words. I was in a similar situation. I don’t have a marriage based AOS, mine is vawa based. Still, about 10 different lawyers didn’t want to take my case for not having “enough evidence to prove the marriage was real, going down the uscis list”
            my marriage itself wasn’t long and my husband - just like yours, from what it sounds like - was reckless and did a shitty job filing taxes, didn’t make enough money to be my sponsor (originally were planning to file marriage based AOS Before all the crazy stuff happened), we lived in a house with one other couple and therefore our names weren’t on any kind of official lease, we couldn’t have a joint bank account and so on and so on. - one thing you can do btw, he can add you on his car insurance even though you don’t have a license. It will say “drivers excluded: and your name” meaning that you can’t drive the car but you are named on the policy.
            Anyway, all the supporting documentation that i gave the uscis was all i had. Letters delivered to both me and him to the same address, copy of my id with his last name on it, car insurance, bills from the vet (we had a dog together) and stuff like that. I had a couple of letters from people that knew both me and him, had one from our manager (we worked together) and just about everything i could get. In my personal sworn affidavit i explained the situation and told them why things were the way they were. It was a real marriage and except the official things that are named of that “evidence list” i could give them anything. Our social media communication, messages, call history, pictures from trips and different events, wedding pics, pics with friends. As mentioned before, no lawyer wanted to take the case because it wasn’t the normal marriage based easy case. But then i got referred to a non profit organization that did take my case and walked me through the whole thing. My VAWA was approved 18 months later. The only request for evidence that i received back then was for my criminal records from my birth country.
            I believe that if you are honest with the uscis, have nothing to hide and don’t lie about things, they have no reason to deny the application. Just be honest.
            Take everything you have with you to the interview and it will be fine. Good luck with everything!!!

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