URGENT N400:Need urgent advice

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kimhu

Registered Users (C)
I had filed my case with INS in NYC in 2007 jan (marriage based).
I went to my interview on MONDAY with my 3 yr joint tax returns.
the officer wanted me to show her more information regarding marriage
she asked me to bring the utility bills and come back in 3 weeks.the problem is that all the utility bills (phone and electric) are on my spouse's name and i can not produce any joint utility bills.
i am not sure what to do now.
can i withdraw the application and refile at 5 years.what are my options.

i am very worried what to do. please help .
 
You could send supporting documents in many ways. It does not have to be bills.
Here are some examples.
1- Your kids birth certificates
2- Tax return if you filed together
3- Family pictures.
4- You rent or apartment contract if your name appeared
5- You car contract if you still paying and your husband co-sponsor it.
6- Any papers that reflect your name and your husband name.
 
I would think 2 kids would prove a valid marriage more than joint utility bills. Do you have any bills (not necessarily for utilities) that are addressed to both you and your spouse? Maybe you can bring the utility bills, even though they're in your spouse's name alone, but supplement with other bills, statements, letters sent to both you and your spouse. Unless you are able to have the utility companies to add you and produce a letter/statement addressed to you and your spouse, you just might have to get creative about what documents to provide.
 
kimhu said:
I had filed my case with INS in NYC in 2007 jan (marriage based).
I went to my interview on MONDAY with my 3 yr joint tax returns.
the officer wanted me to show her more information regarding marriage
she asked me to bring the utility bills and come back in 3 weeks.the problem is that all the utility bills (phone and electric) are on my spouse's name and i can not produce any joint utility bills.
i am not sure what to do now.
can i withdraw the application and refile at 5 years.what are my options.

i am very worried what to do. please help .
Click to expand...

If you own a house then show the joint mortgage statement and or the property tax bill.

If you have car insurance then you can show the car insurance bill.

Show the health/dental/vision care documents.

take youre and your spouses driving license shoing same address.

vik_b
 
I can submit my life insurance and my spouse's life insurance where we are each others beneficiaries.
I also have some other docs like Joint Mortgage etc.
but she only and specifically asked me for joint utility bills which I don't have.
I am really worried. I hope they don't deport me despite having a valid marriage.
 
kimhu said:
I can submit my life insurance and my spouse's life insurance where we are each others beneficiaries.
I also have some other docs like Joint Mortgage etc.
but she only and specifically asked me for joint utility bills which I don't have.
I am really worried. I hope they don't deport me despite having a valid marriage.
Click to expand...

Don't worry. This is a standard request if you are filing based on marriage. Just gather as much proof as you can from the list that others indicated and you should be all set. My mother went through the same thing despite her being 70(!) years old.
 
kimhu said:
I hope they don't deport me despite having a valid marriage.
Click to expand...

No one will deport you. If worst comes to worst, they'll deny your case. If this is the case, you wait and reapply under the 5 year rule. As others have posted, just collect as much proof as possible (you may even want to bring family photos) and present it to the IO. It's unlikely that you'll be denied.
 
What about bank accounts? Banks usually issue a letter testifying to joint accounts.
 
Write up a sworn statement that you did not set up the utility bills jointly and as such cannot be used to make a determination of residency together, but that you are providing alternative evidence that unequivocally shows that you resided together during the entire statutory period. What this does is enter into record your intention so that it can be demonstrated that you have provided evidence to show residency together. Also, by providing the alternate evidence you not allowing USCIS to dictate what type of document is the only acceptable form of proof of joint residency during the statutory period.
 
Thank you all for your responses.
During my interview I explained to the IO that I don't have joint utilities and she simply ignored my statement and kept repeating that I need to bring joint utlities.
I am not sure if other documents will work.
 
Bobsmyth said:
Once you provide the sworn statement they can no longer ignore your comment.
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This is a sound advice. Above sworn statement with documents listed in this thread should get you a fair chance.

In my personal experience a joint mortgage with life insurance showing the spouse as primary beneficiary is a very strong/good document.

I am surprised that even with children and their birth certificate and other documents that you mentioned, you are going through this. Just to be safe change the utility accounts to show your spouse's name and try to get a letter or a print out of the accoput page.

vik_b
 
eau_xplain said:
I would think 2 kids would prove a valid marriage more than joint utility bills.
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While children may be a sign of the validity of a marriage in a traditional sense, from an immigration standpoint USCIS is interested in knowing that you actually lived together in martial union during the statutory period since that is the requirement under immigration law.
 
Usually no one has utility bills in both name. It is usually one or the other.
Get the utility bills that are in her name, and try to get something else like bank statement or credit card bills in your name at the same address.
 
What is a sworn statement? Is there a format for the letter that I can get from someone.
Thanks
 
harvydonald said:
Usually no one has utility bills in both name. It is usually one or the other.
Click to expand...
That is true. Leases and mortgages are commonly in both names, but not utility bills. I think this is a case of the IO wanting to deliberately delay or deny the case for no good reason, so they keep asking for more documents until they request something you don't have.
 
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