Evidence for Spousal Petition, RFE.

[GoDogs]

Hello All:

As always this forum has been of tremendous help to me and undoubtedly countless others.

Here is a quick overview of the situation: USC marries out of status immigrant and will file petition. Currently, because both are full time students, couple has to live apart temporarily. However, we are planning on going ahead with filing the petition (I-130, I-485, etc.) anyway and are pretty confident about the interview.

As many of you know, the I-130 asks for evidence of co-mingling of property, etc. and the more evidence for a bona fide marriage the better. My question is, since we both do not currently have a shared lease or any other bills (what we do have are photos, phone bills, joint savings, checking, and CD), I am planning on purchasing an Accidental Death Insurance Plan policy to put my wife as beneficiary. I am waiting for my EAD, since I cannot currently work, and when I receive it, we will move in together.

In your opinion:

1) Do you think this is a good move in terms of proving that yes, the marriage is bona fide?
2) Does USCIS care how much the coverage is? Say $1,000 versus $25,000?

 

[ml_boston]

In posts I've seen, the best "commingling" evidence is the type where spouses are financially responsible for each other to significant $$ amounts.

I would suggest getting joint credit cards if you don't have them, and adding both names to both leases. Most apartment managers are more than happy to add additional names (more people to come after in case rent is late).

Make sure all assets/bank accounts of both spouses are joint when possible, and name the other spouse as beneficiary in case joint assets are prohibited (eg: retirement accts).

In my opinion these are far more probative than an insurance policy, since there is no commingling of liability. But I'm not a lawyer....

Also, search the forum for "cohabitation", I remember some posts where not-living together caused problems despite good evidence.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...