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"joint finances" for evidence of relationship for spousal cases

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  • Houston
    replied
    I agree with your position, Congress has declined to impose a viability test and the BIA has recognized that fact by eliminating all considerations for viability during AOS by overruling Matter of Sosa. "To establish the vague and elusive concept of marriage viability...." (Chan, at 130). CIS has no authority to consider the present nonviability of a marriage in considering a petition for adjustment of status.
    But both CIS and the BIA are attracted to the viability test. Evidence of that fatal attraction can be appreciated in Matter of Lenning. The 9th circuit has considered and reversed the application of such viability test, surprisingly upheld by BIA. "Additionally, we conclude that we have jurisdiction to consider the BIA's determination that the nonviability of the marriage constituted a proper discretionary ground for denial of her application for adjustment of status"..... "In expressly overriding the viability test, the BIA itself had previously proclaimed that the denial of an adjustment of status application . . . cannot be based solely on the non-viability of the marriage". Still today, problems will most likely be encountered by those who don't share a regular form of marriage, living together as husband and wife.
    - THIS IS NOT LEGAL ADVICE - FOR LEGAL ADVICE CONTACT AN ATTORNEY-

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  • sappyconifer
    replied
    Houston,

    I agree, that in the typical case, evidence of sharing a joint residence is important, but living together in that joint residence is sometimes not possible, yet the marriage can be genuine. There are many occupations that take an employee away from his/her residence for extended periods of time. Take the Captain of a ship, for example.

    _______________________________________

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  • Glühbirne
    replied
    It may be more difficult if not living together, but it's still possible to prove that the marriage is real. My uncle's wife just finished her AOS. They have not yet lived together because she is the live-in caregiver for an elderly gentlement in another town (she cared for him for years before even meeting my uncle). They are currently constructing an addition on my uncle's house in order to move the elderly man in so that they can live together as husband and wife, but at the moment they only stay together on weekends.

    That is an example of an instance where a married couple wouldn't live together. And my aunt did manage to pass her AOS just fine because it was a real marriage.

    Leave a comment:


  • Houston
    replied
    ... A side note... Out of all the questions you ask, the living together is something that's most critical. I don't see why you would get married not to live together as a family. Taxes, real estate and investments can be a difficult issue if the alien is in illegal status, but they can be fixed with a little effort. Living together is however the primordial reason to get married; you may pay taxes as a couple, buy property as a couple... but some corporations and business partners do that as well... A marriage is NOT a commercial venture, the difference is the desire to live and grow together as a family unit BEYOND any financial or legal interest. This is NOT legal advice.

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  • Houston
    replied
    You can have separate bank accounts, you are free to organize your finances in any lawful way you see fit. You need some evidence, however, that the marriage is real and the couple lives together as husband and wife.
    This is not legal advice.

    Leave a comment:


  • NewlyMinted
    replied
    U2,

    If you don't have any of what you mentioned above in common, I can see why an Immigration Officer would have some serious doubt about your marriage.

    Cheers,

    Newly

    Leave a comment:


  • Glühbirne
    replied
    Having joint bank accounts helps, but as stated above, you have to prove that the marriage is real. My husband and I had joint bank accounts and all sorts of bills in both of our names, but then at his immigrant visa interview in Juarez, they did not even ask to see any of it. THey only asked him three questions: Where we met, if it was "love at first sight," and the date of my birth. They drill some people and want to see evidence, but others get off without having to show anything.

    Leave a comment:


  • Houston
    replied
    You do not need to have a joint bank account or anything of that sort, what you need is a bona fide relationship and enough evidence to prove it. Joint finances, living together, utility bills and the such are usually easy to come by and probative to some degree.
    This is NOT legal advice.

    Leave a comment:


  • u2
    replied
    what kind of joint finances is one looking to inspect in case of spousal cases as evidence of a relationship?
    Is it not possible to have separate bank accounts?
    Does every couple have joint property or real estate?
    Does every couple have joint taxes?
    Does every couple necessarily live under the same roof 24/7 in today's world where it isn't the easiest to get jobs in the same location each time you apply for one,especially when one of them is not a citizen of this country.

    Leave a comment:


  • "joint finances" for evidence of relationship for spousal cases

    what kind of joint finances is one looking to inspect in case of spousal cases as evidence of a relationship?
    Is it not possible to have separate bank accounts?
    Does every couple have joint property or real estate?
    Does every couple have joint taxes?
    Does every couple necessarily live under the same roof 24/7 in today's world where it isn't the easiest to get jobs in the same location each time you apply for one,especially when one of them is not a citizen of this country.
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