ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (Jigi @ Dec 29 2009, 11:19 PM) <{POST_SNAPBACK}>
Hi,

To all the people who are telling to use FedEx... let me make one thing clear FedEx does not deliver to P.O Box addresses. . Dakine your shipment got screwed up because you did not ask that whether the FedEx deliver P.O Box addresses. When sending important mail you always ask little questions..... That helps..sounds stupid though... I had been to one of the stores and they have a small sign which says and also on their Shipping forms that FedEx doesnt deliver PO Box addresses

You can ship it by USPS only.

The best way to ship it is Overnight Express Mail via USPS. I paid $28 .... i consider it spending on expensive dinner. So i dont have to worry. $30 is worth spending...we can earn in 2 hours back again.

Jigi



I did not say I tried to use Fedex to ship to a post office box. That would imply I'm an idiot, and I'm not. You might remember what they say about making assumptions.

What I did say is Fedex screws up as much as anybody else. USPS has never screwed up for me. I could go around telling everyone they MUST use USPS because they never screw up but I don't. Bottom line is they all employ human beings and they all can screw up.


Dakine10MaleRussia2009-12-30 03:16:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (Nwanyioma @ Dec 23 2009, 10:59 AM) <{POST_SNAPBACK}>
Next time please utilize FedEx. Their the best.



I think it's a crapshoot no matter who you use. FEDEX has screwed up for me twice in the past.

I know some, including Oban now, have had problems with USPS, but I have always had good luck with USPS certified and delivery confirmation.
Dakine10MaleRussia2009-12-25 06:53:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (Oban @ Dec 23 2009, 07:12 AM) <{POST_SNAPBACK}>
Okay.... here it goes:

I talked to the Postmaster in Vermont. It is back on the way to me, left their facility at 2:30 pm yesterday. Reason: not enough postage.

WHICH IS BS!!!! It is a flatrate letter envelope for $4,95, plus $0.70 for delivery confirmation. I went to a postal office in person and they gave me the exact stamp!!!


So... let us hope it will come back to me. And if it does: I will put ###### $50 in stamps on it... and they better deliver it. Freaking ideots.




Maybe somebody at USPS didn't like that you tried to stuff 160 pages into a flat rate box. smile.gif

The good thing is you still have lot's of time to get it back to them.
Dakine10MaleRussia2009-12-25 06:49:00
Removing Conditions on Residency General DiscussionBest evidence in my situation?
QUOTE (birdyconfused @ Dec 25 2009, 03:28 AM) <{POST_SNAPBACK}>
Hey folks

It looks like im in a tricky situation.

My Conditional GC expire in March. Since obtaining my GC I have been living overseas (not on govt. or military duty) and visited couple of times in order to keep the GC. Now we plan to come back to US permanently and removal of conditions is a big question for us. We'll be staying with my brother in law in the beginning before I get a job.

During this period we didnt have anything jointly in our names in the US. Though we have US accounts separately but no signifcant transaction has been made in that account and we never filed any tax returns in USA.

We've been married for 4 years by the time we come back to US. We have a 2.5 yrs old son and our second baby is on the way (expected in May). We've loads of pictures together and wonderful relationship smile.gif

What is the best that we can do in order to provide evidence for I-751? My GC expires by 25th march and we plan to arrive in US by the end of January. I'd highly appreciate any suggestions.

What I have in mind is that as soon as we arrive:
  • Get a joint lease agreement
  • Open a joint bank account and put couple of thosand pounds in it
  • Get a car in our names
  • Get family health insurance


Do you know any example who's been in the similar boat?



Regards



USC's are required by law to file tax returns on worldwide income, regardless of where they live. Most of the time there is no tax liability but the IRS requires that tax returns be filed.

http://www.irs.gov/b...d=97324,00.html

So probably a trip to a tax accountant is in order anyway, and then you can add tax returns to your list of evidence.

Good luck!

Dakine10MaleRussia2009-12-30 18:17:00
Removing Conditions on Residency General DiscussionBiometrics again?
I have always heard that biometrics data are good for 1 year only. For most people, that means redoing them for the I-751 and N400.
Dakine10MaleRussia2009-12-30 18:25:00
Removing Conditions on Residency General Discussionremoval of conditions without tax transcrits
QUOTE (karenkaye @ Dec 30 2009, 10:19 PM) <{POST_SNAPBACK}>
Hi everyone. We are getting ready to file for removal of conditions on my PR. Husband has been off work since Aug/07 and I have had business interests in Canada and did not know I needed to file tax returns here in the US ( I know - sounds stupid doesn't it) I filed in Canada. The evidence that we have for the petition are: joint ownership deeds to home and property and joint title for one vehicle. Insurance for home and 3 vehicles in both names over 3 year period. Letter from my sons school stating he's been a student there for past 2 years and we are both listed as parents with same address; copy of joint credit card, joint bank account cards and statements (not a lot of account activity for the past few months though) over a two year period, 5 affidavits - 3 from family on both sides, 1 from my son's father, 1 from a friend. I can also send copies of receipts for various improvements that we've done to our home. We don't have health insurance. Can anyone comment if they've successfully had conditions removed WITHOUT providing tax transcripts. Thanks very much!



I'm not sure if anyone has done it without tax transcripts but If I understand correctly, I just want to point out you are setting yourself up for trouble here.

Failure to file a tax return is a misdemeanor. A pattern of not filing tax returns over multiple years could lead to felony income tax evasion charges. Obviously you don't want to go down that road.

Besides an immigration attorney, you probably want to find a qualified tax accountant for advice about filing your past US tax returns (for the years you resided in the USA). Hopefully you have limited tax liability since there are credits available for the taxes you paid to Canada.

If it was me, I would kill 2 birds with one stone, file the late returns and use the filings as evidence for the I-751.
Dakine10MaleRussia2009-12-31 02:58:00
Removing Conditions on Residency General DiscussionEvidence of relationship
QUOTE (Rosie420 @ Dec 30 2009, 11:07 AM) <{POST_SNAPBACK}>
We have filed joint taxes the last 3 years together... but I don't have copies of the paperwork. I could request tax transcripts from the IRS but that can take a couple weeks. I may be able to have HR Block fax a copy of our 2008 return, that should be enough, right?



I would definitely call the IRS toll free number and get the transcripts. Ours came in 5 days. I think they are an important piece of evidence, takes minimal time and effort to get them, and even if you don't send them now, at least you will have them if you get a RFE.

I also think 3 years of transcripts is much better than one.

IMO tax transcripts would be better than any single piece of evidence you currently have.
Dakine10MaleRussia2009-12-30 17:49:00
Removing Conditions on Residency General DiscussionCover Letter / Evidence review
I like it. I didn't like the one in the guides because it's written from the USC spouses perspective. I think yours is better because it's written from the primary applicants perspective. I think that looks better for the I-751

If I saw this before I mailed my I-751, I probably would have asked you if I could us it as a template.

When I use a cover letter, I try to keep it to a single page. Looks like this would fit page though.

Edited by Dakine10, 02 January 2010 - 04:21 AM.

Dakine10MaleRussia2010-01-02 04:19:00
Removing Conditions on Residency General DiscussionForm I-751: Part 5. Information About Your Children

The way I see it, the form is asking for information about the alien spouse. Part 1 - Information about YOU (the petitioner). Part 3 - Information about YOUR spouse or parent. So Part 5 - Information about YOUR children - leads me to believe that they are asking about biological or adopted children of the immigrant spouse. We have never listed my daughter (from a previous marriage) on any of my husband's immigration forms. It just doesn't seem relevant to do so. Just my 2 cents!

Rosie (F)



I guess that's how I see it. All children related to the primary applicant, biological or not, USC or not.

It's just strange that every time it comes up, everyone seems to have a different interpretation of who should be listed. It really seems like an anomaly compared to all the other forms we fill out.

Another opinion, offered by imm. attorney Stuart Folinsky, who some here are familiar with, is that this is a joint petition, so ALL children of both parties should be listed. He answered this question many times on britishexpats.com, always saying ALL children of both parties should be listed. Children who are USC's should have that listed under immigration status and N/A for A#. He also replied once not to worry about it too much if you don't list USC children.

IMO, the only really bad thing one could do would be to leave conditional resident children off the form, since they would then lose their status. There probably wouldn't be an RFE for this since USCIS would not know if they were removing conditions separately. It would be too late to correct by the time you find out. And that's probably why they put a big reminder in the instructions.
Dakine10MaleRussia2010-01-05 02:33:00
Removing Conditions on Residency General DiscussionForm I-751: Part 5. Information About Your Children

Doesn't your bolded statement mean exactly that -children who have GC's and only them? Not trying to be a pain...by now we've probably confused the OP



Sure that might be what it means. I don't see the word ONLY in there and I'm not able to read the mind of the person who wrote the form.

The instructions also say to answer all questions accurately. So what does phrasing part 5 as "List ALL children" mean then? Does it mean everybody has to guess what the hell they want you to put? From the number of people who ask this question, thats what it accomplished.

Good instructions should be imperative. Not ... "please be sure do this if you want that .....". That's what is confusing. If the instructions and form were written properly, this topic wouldn't be here.
Dakine10MaleRussia2010-01-02 01:11:00
Removing Conditions on Residency General DiscussionForm I-751: Part 5. Information About Your Children

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions


That is the problem.
Do you think USCIS gives a sh!t about USC kids fron a previous marriage for ROC.?

Alls I can say is do what suits you. I guess you could say ours worked by putting my USC child :bonk:
Took extra months and my senator t get it done tho.
Aloha



Well I listed our USC kids from our current marriage. In my opinion it's relevant to removing conditions. If I wasn't including their birth certificates as supporting evidence, I wouldn't have been as big of a deal.

Most people don't have a problem doing this. A quick google search will bring up at least 4 attorneys FAQ's/blogs/answers that say you do need to list USC children.

It sounds like the problem in your case was the adjudicator, not listing the USC child. Should have been an RFE and explanation at most. If the person reviewing your case is not competent, you are going to have problems regardless.

And since you filed the N-400, you do know USC gives a S*** about kids from a previous marriage.
Dakine10MaleRussia2010-01-02 00:59:00
Removing Conditions on Residency General DiscussionForm I-751: Part 5. Information About Your Children
As the applicant, I would list all my children because that's what the form asks for. By marking US citizen for immigration status they know you don't need biometrics. At least they should know, unless you happen to get a complete jerk or idiot reviewing your case (like Dakine did).

The instructions say "please make sure to include any conditional resident children applying with you in order to have their conditional basis removed or they may file separately". Having dealt with US immigration for 20 years now, to interpret those instructions as anything else is a leap of faith I'm not going to make. If the instructions said ONLY include conditional resident children, that's what I would have done.

Just my interpretation. I'm more prepared to deal with a RFE for biometrics fees than one asking why I sent birth certificates for 2 kids but didn't list any children on the form where it asks for all children.

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions.






Dakine10MaleRussia2010-01-01 09:15:00
Removing Conditions on Residency General DiscussionForm I-751: Part 5. Information About Your Children
This has been debated back and forth ad nauseum


The instructions say something to the effect of "In part 5, make sure you include any conditional resident children ..."

Then, the title of section 5 says "Information about your children - List ALL your children", then there are blanks for immigration status, address, and a box to check if they live with you or not.

People have posted in the past about listing their USC children and getting erroneous RFE's asking for the $80 biometrics fee. That's what happened to Dakine

http://www.visajourn...howtopic=171725

But others, including an immigration attorney below say you do need to include all children. If they are not derivative beneficiaries, you would indicate US citizen for immigration status.

http://www.avvo.com/...esid-32703.html



I take the forms literally, so I listed our USC children, and I think many people have done it without problems.
Dakine10MaleRussia2009-12-31 19:38:00
Removing Conditions on Residency General DiscussionIncome Taxes paid thru employer but not filed
One more thing. Sorry I can't edit for some reason.

If you decide to file citizenship later, there is a question that asks if you ever failed to file taxes since you became an LPR. You really don't want to have to check yes on that question.

Once you do file, it's considered filing late, but you have then taken care of your obligation to file for that year.
Dakine10MaleRussia2010-01-06 05:21:00
Removing Conditions on Residency General DiscussionIncome Taxes paid thru employer but not filed
As for how long it would take a tax accountant to process your returns, difficult to say. Having a side business and your wife's foreign business make it more complicated. They should be able to give you an estimate when you take it in.

Once it's filed, you can use a copy of the 1040 etc. as evidence. You don't have to wait for the IRS to process the return.
Dakine10MaleRussia2010-01-06 01:19:00
Removing Conditions on Residency General DiscussionIncome Taxes paid thru employer but not filed

I am a notorious procrastonator when it comes to Income taxes. I pay my income taxes thru my employer and always get a refund due to deductions from a side business. My wife doesnt work, but still owns a business in her country that has minimal to no income for the past 2 years. It wasnt until we put together the evidence of relationship that we realized we needed to have our tax returns competed. I still have to do our 07, 08 and now 09. I know thats pretty bad to let it go for so long. We needed to send in the application before we could do the taxes. We have a biometics appointment already.

Q. if we have the biometrics appointment scheduled already, does that mean they dont need anymore evidence and we wont be scheduled for an interview?

Q. How likely is it that they will require the tax returns be comlpeted?

thanks in advance for any info.
Brandon



I just want to say first, procrastination would be putting off doing your taxes off until April. Having not filed since 2007 is a little more than procrastination. It's a little risky to just assume you have no tax liability, because if you do have tax liability, you run the risk of facing criminal charges which can put your immigration status at risk.

If I were you, I would file the taxes ASAP, before everyone else starts filing and the system bogs down. Assuming you get an RFE, evidence of joint filing would obviously be a helpful thing. Filing would also eliminate any potential legal problems such as tax evasion from impacting your status.

If you really have no tax liability, then in many instances you are not required to file taxes. Still, since you would get both a tax refund and really good evidence that you may still need for removing conditions, you still have good reasons to file.
Dakine10MaleRussia2010-01-06 01:07:00
Removing Conditions on Residency General Discussionevidence for lifting conditions

Hi All!

Just found this forum and wow lots of great info. :)

My husband's green card is expiring Dec 17, 2010 and we are preparing to file for I-751 removing of conditions of residence.

Wanted to ask your advice on the filing procedure. Did most of you submit the petition in through a lawyer or was the I-751 filing easy enough to handle by yourself?

Any advice you can give would be really helpful since we've had a long road of legal fees to get here. :crying:
(First lawyer was terrible and we had to cancel our visa application; second lawyer was great and we applied outside of the US so that my husband could still fly around for his business trips in other countries.)



Welcome to the forums.

For almost everyone, the I-751 can be done without a lawyer.

See the guide here on VisaJourney.com http://www.visajourn...p;page=751guide

Also you may want to start a new thread next time rather than posting in a 3 year old one. It get's kind of confusing because people don't look at the dates and start replying to 3 year old questions etc.

Good luck!
Dakine10MaleRussia2010-01-05 02:45:00
Removing Conditions on Residency General DiscussionI-751 returned to us. Anyone else have this?

My wife and daughters I-751 was returned to us today coz, get this. My step daughter's resident date is over 90 days after my wife's. My wife's date is Jan 9 and my daughter's is April 30. The reason is becoz the moron's in our Govt' LOST my daughter's medical file at the interview so we had to send them another one a week or so later which is why her card was issued after my wife's. So now they want us to file seperate I-751's and of course PAY the filing fee twice also!!!! How nice of them!! I HATE this Govt. This is pathetic... they have cost me thousands $$ extra since the start and EVERYTIME it's THEIR FAULT not mine.

I'm gonna talk to my congressman on Wed. and see our options. I'm hoping I can get a waiver since it was their #### up to begin with but who knows.

Has anyone else had this or something similar happen. I really don't feel like paying $425 more just becoz they screwed up.



I'm not familiar with this particular scenario, but I have heard of people having to pay extra because of mistakes made by USCIS.

In cases where time wasn't an issue, like when fees went up, I heard of some people having files returned incorrectly asking for the higher fee, but then using proof of original mailing evidence to resubmit the form with the lower fee, which was correct for the original filing.

Unfortunately the small window of time for the I-751 doesn't give you much leeway. Right now you have to get your wife's I-751 refiled. Jan 9th is only 4 days away.
Dakine10MaleRussia2010-01-05 04:53:00
Removing Conditions on Residency General Discussionchange of address

We moved since I got to US do I have to notify USCIS with a new adress before removing of condition status application, or notifying DMV is enough for this time?



Yes you must notify USCIS. Fill out form AR-11.

Instructions are here:

https://egov.uscis.g...i/go?action=coa
Dakine10MaleRussia2010-01-04 00:02:00
Removing Conditions on Residency General Discussiontax returns

hello

i have been looking at the instructions for filing r o c and i need to know do they want the state returns as well or is it just federal tax returns... thanks to everyone on visa journey for posting your experiences.. it really helps everyone.. i know it helped me a lot.. thanks :thumbs:



I sent federal transcripts. Our state returns are 5 pages each, and all the relevant financial information is taken from the federal return, so I thought why add 15 pages of duplicate information.

I'm all for sending as much evidence as you can, but unless there is different information on your state return, why send duplicate evidence?

Edited by Dakine10, 16 January 2010 - 01:21 AM.

Dakine10MaleRussia2010-01-16 01:20:00
Removing Conditions on Residency General DiscussionAfraid a dire mistake has been made..please help!

I don't condone working off the books, all I was saying is that if you are gonna do it that it's best to be off the books rather than 1099 and risk getting busted working out of status. Let's be honest when alot of people first get here they are low on money and alot work in some capacity whether is cleaning someones house or whatever.....just be safe is the bottom line and don't do anything illegal to jeopardize your case if you can keep from it.....like I may have done.

Bobby the link you sent is concerning AOs which we have had for a good while, I'm only worried about lifting of conditions during the interview if this can cause a red flag. Thanks



IMO, failure to declare income and pay taxes puts one at more risk than working without empoyment authorization. Working without the EAD may be forgiven, income tax evasion can be more troublesome if it comes up at an interview.
Dakine10MaleRussia2010-01-14 00:04:00
Removing Conditions on Residency General DiscussionTax Return Amendment

Hey Guys,
I am really confused here. In 2007 me and my wife filed our taxed as married jointly. In 2008 we had hard times and split up for a while. We were about to divorce. But now we are back together and we decided to file I-751 jointly as well as our taxes for 2009.
The big problem are the taxes filed as single, separately for 2008 last year. OK now It's time to file I-751 and I have the 2007 joint tax return and the one filed this year for 2009. I will have to correct/amend the 2008 single tax return this year through form 1040X.
The only problem for 1040X is: FILING status on original return: SINGLE; FILING status on this return MARRIED. If I have to copy that form as a proof they will see that something was wrong with our relationship and most likely they will call us for an interview.
Is there any other form that coul be generated in order to show proof of joint filing in that case?



Were you legally separated on Dec 31st of 2008? Your tax status for the year would be determined by that. If you were not legally separated, you should file the 1040X. If you were legally separated on Dec 31st, you must file as single, I don't believe you can amend the filing status to something you were not.

A tax transcript would also include the amended information so I don't think there is any other form. I don't think trying to deceive USCIS is the best course of action here anyway. You are still together now so you are eligible to file jointly. Remember, they are looking for proof of a legitimate marriage. If they required proof of a perfect marriage, a lot of us might not be here.
Dakine10MaleRussia2010-01-30 01:22:00
Removing Conditions on Residency General DiscussionShould I put our daughter in section 5 on I-751?

My opinion, and it's a strong one: when dealing with immigration issues, forget once and for all US citizens. US citizens have nothing, none, nada, to do with immigration. Listing US citizens on immigration papers may work out for some, but since USCIS is heavily armed with human drones who push either the green or the red button, it's asking for trouble and RFEs for no good reason when the drone sees a child listed and some information on said child is missing. Again: US citizens have nothing to do with immigration.



When you file your N400, you'll see they are interested in US citizen children. The N400 is eplicit about listing all children, USC or not, adopted or biological.

We did include our USC kids on the I-751 and got approved PDQ with no RFE's I might add. I still say the fact that so many people ask this question means no one should be saying with any degree of certainty that it is correct to either include USC kids or not.

The wording in the instructions are in conflict with the wording and structure of the form. As I posted in the last thread, even immigration attorneys seem to interpret it both ways. If the AO can't read properly, you could get a RFE either way.
Dakine10MaleRussia2010-02-11 02:39:00
Removing Conditions on Residency General DiscussionShould I attach the petition and the cover letter with acco fasteners to the whole stack of evidene?

I wonder what will happen if you just make copies and put them in an envelope without punching holes or using acco fasteners?



I had 18 pages and a check held together with a paper clip and got approved PDQ. I don't think it matters how you put it together so much as the content you include.

The one problem I could envision is that loose papers are more likely to get misplaced, resulting in an unneccessary RFE.
Dakine10MaleRussia2010-02-27 01:41:00
Removing Conditions on Residency General Discussionhow to file tax

sh18 is correct. AS long as you check Married filing jointly or married filing separate and both returns have the same address then you should be fine. Although tax returns are not "required" but many people sent in their evidence without them and got a RFE. It is very highly recommended to mail either a copy of all pages of your tax returns or transcripts that can be obtained for free.

Now, you need to select one of the above mentioned choices unless you file for divorce and it is finalized. Without a divorce decree, you will be providing the IRS false information if you select Single - since you are married.



In this case though, since the OP's husband is filing from a different address there would be no benefit to include these transcripts as evidence for a joint ROC.

Azoupime, if you end up filing a waiver (after divorce), Your ex husbands transcript would not be necessary and he may not be willing to give it to you anyway.
Dakine10MaleRussia2010-03-12 06:53:00
Removing Conditions on Residency General Discussionhelp my husband doesnt want to file taxes!!

For the previous years your husband should file (obviously when he is ready) "Married Filling separately" too. That way you will not be liable for his taxes. Because you didn't work in these years, you do not need to file taxes.

If you do, however, file "Joint" for the previous years with your husband, you will be liable for all his tax debt + it will look like you BOTH were irresponsible for filing taxes.



Or she can go ahead and file separately for the previous years as well. File with no income to report, so most likely no tax liability. This would be relatively straight forward for HR block or those types of places to do.

The problem with waiting for the husband to file is that the IRS may get to it first. When people don't file tax returns, the IRS eventually does it for them with a SRF. IF the IRS does it first, they will likely submit a joint form and they generally they dont give credits other than basic exemptions and standard deduction. Chances are great that you end up owing more if the IRS files for you.
Dakine10MaleRussia2010-03-26 17:58:00
Removing Conditions on Residency General Discussionhelp my husband doesnt want to file taxes!!

Amen, sister! :thumbs:



Thanks, but it's brother. I just sound like a girl when I'm mad!
Dakine10MaleRussia2010-03-26 06:40:00
Removing Conditions on Residency General Discussionhelp my husband doesnt want to file taxes!!

I wonder if anyone understands this form like I do:

Required Evidence of r/ship (pg 2 of 751): Submit copies of evidence indicating that the marriage upon which you were granted conditional status was entered in "good faith" and not .... Submit copies of as many dox as you wish to establish the fact and to demonstrate the circumstances of the r/ship from the date of the marriage to the present date .... The dox should cover but not limited to the following examples:
1. B/C
2. ...
3. Financial records showing joint ownership of assets & joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse....
4. etc etc.

Anyone who has successfully removed conditions, did you submit ALL of these dox??? I think these are just examples of evidence USCIS suggests. I dont' think they mean you submit them all, ofcourse the more the merrier. Should I be getting worried if I don't have one of them? :innocent:




I can say for a fact that tax returns are not an absolute requirement because my wife and her ex husband did not have any when they filed to remove her conditions. She told me they needed to go to the interview to remove conditions because they had so little evidence to submit, but they did not have a hard time and were asked only a few questions at the interview. This would have been 10-12 years ago and I don't mean to suggest it would work the same for everyone, but it does happen.
Dakine10MaleRussia2010-03-26 06:18:00
Removing Conditions on Residency General Discussionhelp my husband doesnt want to file taxes!!

Just Bob" you dont have to be ofensive.. i dont think any one in here is under 6 years old. all i am asking for is some opinions and advice. i thank all of you who help me without sarcasm or negative critics...
i guess i well seek a lawyer. thanks .


I think part of the problem is that you are also liable for taxes going back to the year you got married. Normally. since your husband was working you and you were not, you would have filed jointly for all those years. If you can't convince your husband to file, you will have to go back and file as married filing separately for those years. If you were not earning income those years and file separately you should not have tax liability. If neither of you files, the IRS will eventually find out and force the issue. Filing separately addresses your tax issues, and will prevent USCIS from finding you inadmissible. It doesn't help with removing conditions though.

As far as removing conditions, filing taxes jointly is the best possible scenario. Neither of you filing at all is the worst case. Married filing separately would mean you would need to come up with other evidence for removing conditions and if you don't have enough, then expect another interview.

Since your are not sure what your husband is up to, just be aware that the more serious charge he could be subject to is income tax evasion, which is a felony. Otherwise failure to file taxes is a misdemanor, or if "lucky" you just end up paying back taxes, penalties and interest without any criminal charges.

As of right now, you are caught up in the middle of all that. If my spouse put me in that situation, I would give two sets of forms, an income tax form and a divorce form, and tell them to pick the one that is most important to them.
Dakine10MaleRussia2010-03-26 05:34:00
Removing Conditions on Residency General Discussionhelp my husband doesnt want to file taxes!!

Tita,

I hope you understand that when I said "bad resident" that I didn't mean that personally in any way.

The thing is this . . . the tax people and the immigration people have separate agendas.

As a married woman, you and your husband are a team. Each of you counts for 50% of this team. You can be a neat freak, if he's messy and they look at your house, it doesn't look as clean. If you are thrifty and he's wasteful, your balance sheet doesn't look as favorable anymore.
So if you pay your taxes, but he doesn't, you are 50% of a married couple that owes money to the IRS (assuming he even owes money).
That's the tax part.

Now to the immigration part. When applying for ROC, filing jointly, the I.O. wants to see proof that you guys are still a happily married couple, living together. Cornerstones of this are (highly preferable) jointly filed tax returns (unless tax reasons suggest separate filing), a joint residence, and the intermingling of finances in regard to banking and paying bills.

If you do not file taxes jointly, I'm very confident that your personal tax returns, even if filed as married, are not enough. IMHO it's very likely that they do want to see both of your tax returns, for reasons I already outlined in one of my earlier responses. For a moment try think like a drone. Why would a couple that is happily married and living together not file taxes jointly? Why would the wife not be able to provide the husband's tax returns? These are legitimate questions, and although you have a plausible answer to them, when it comes to evaluate your martial status, they may become obstacles on the way to your petition's approval.

Therefore I, and others, suggested that you work as vehemently as possible on beating some sense into your obviously stubborn husband's head. You may be able to circumvent the issue at ROC, although I doubt it, but in the long run you're hanging from the rope next to him. So instead of trying to patch the effect of the issue, try to go to the root and destroy it.

The first step may indeed be to get your hubby's pay stubs and payment information, put it all on the kitchen table, and sort out where he stands, tax wise. Saturday would be a great day to do that.


Filing as married filing separately protects a spouse from any liability, including legal, that the other spouse incurs due to income tax evasion. That is actually the number 2 reason given by the IRS as why you might want to file this way. It does not provide protection for past activity (ie. if both have not filed taxes since 2006, both are responsible for those past years). It will protect you for liability for this year and future years.

I agree though, Tita, as far as removing conditions, you really need to get him to file too. It's going to come up in the future one way or another. My wife (who is a USC but originally came here from the Ukraine), was in this situation with her ex husband and she was able to remove conditions without tax returns, but the financial aspect was something she had to deal with for years, even after they got divorced.

Edited by Dakine10, 25 March 2010 - 01:18 AM.

Dakine10MaleRussia2010-03-25 01:17:00
Removing Conditions on Residency General DiscussionRemoval Of Conditions,
We are putting together our ROC package and I realize that we dont have any new pictures to send!! ohmy.gif What were we thinking?? headbonk.gif We did not take any pictures together since our wedding. Most of my family does not live close by so we dont have many "get togethers" for photo opportunities. We have just been living life... working...that sort of thing.

Anyone that may still be around have any knowledge, experience....advice??? helpsmilie.gif

What we do have is...joint bank account, co-ownership of car, insurance health & auto, few bills in joint name, filed jointly on taxes, joint lease on house....

Should I have some people do some affidavits for us?

Has anyone else filled with no new photos?

Thanks for the help.
PerseveranceFemaleNigeria2009-07-29 21:59:00
Removing Conditions on Residency General DiscussionOK so redundant question......
OK thank you!! good.gif I was not really sure how that worked.

We have been hit pretty rough with interviews so I kind of think it will happen...but I can hope for the best. yes.gif

I love VJ luv.gif
PerseveranceFemaleNigeria2009-08-04 20:09:00
Removing Conditions on Residency General DiscussionOK so redundant question......
Is there always an interview for ROC?


I know I am sure it is asked tons....sorry... whistling.gif
PerseveranceFemaleNigeria2009-08-04 19:48:00
Removing Conditions on Residency General DiscussionBiometrics Experience
Is it the same place you go for AOS??? I think so.....

Anyway, yeah it was not that easy to find for AOS....

Hopefully we get Biometrics appt soon! I am ready for this to be OVER!!! I need an immigration break....this stresses me out!!
PerseveranceFemaleNigeria2009-08-27 20:57:00
Removing Conditions on Residency General DiscussionLiving agreements or arrangement
Hi...

Maybe, instead of a lease agreement or contract, you could instead have your sister and her husband make an affidavit stating that you and your husband are living with them. The affidavit can describe the living arrangement not necessarily in detail but just to prove that you and your husband are living as a couple under one roof.

Just a thought.
pasaway na angelFemalePhilippines2009-11-10 12:18:00
Removing Conditions on Residency General DiscussionCSC I-751 Status List
whoop whoop!! Today I received the "new card production" email!! I'm very happy as I was in the block of NSC transferees who filed in April/early May that seem to have been passed up.
Now I just hope I actually receive it.

Please would someone add my approval date to the list.

Thank you and good luck to everyone else who is waiting

Clara
ClaraxFemaleUnited Kingdom2008-09-16 22:34:00
Removing Conditions on Residency General DiscussionCSC I-751 Status List
I am still waiting to have mine approved. I filed April 28th and it was a NSC transfer. I sent in a bunch of evidence too. My colleague filed in the middle of May, had it transferred from NSC to CSC, and was approved in 3 months.


I've been checking the processing times and they haven't updated them since July 15th. Very annoying...

I'll post as soon as I hear something...

Waiting impatiently

Clara
ClaraxFemaleUnited Kingdom2008-08-26 22:26:00
Removing Conditions on Residency General DiscussionCSC I-751 Status List
Thanks Blooberry for adding me.

Clara good.gif
ClaraxFemaleUnited Kingdom2008-08-13 22:23:00
Removing Conditions on Residency General DiscussionCSC I-751 Status List
Please can someone add me to this list.

CSC received my application on April 28th, my NOA was dated 4/30 and my biometrics were on the 27th May. I was touched on the 27th too, but nothing since.

Thank you
ClaraxFemaleUnited Kingdom2008-08-13 13:47:00
Removing Conditions on Residency General DiscussionTravel outside US while waiting for ROC
Hi All,

My green-card expires in November, we are just putting the ROC package on the mail. What happens if I don't get any NOA or response and I travel outside the US after the 2-year GC expires? will they give me a hard time when I enter the US and they see that the green card is not "valid"? it worries me a little...

Give me any thought on this.

Thanks.
Coco&KittenFemaleSpain2009-09-03 23:57:00