ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionTax returns as evidence for removal of conditions - help

OK, thanks for pointing out my mistake on my timeline. I entered the country on a K1 and got my green card on 9/27. So, what should I do? I lived in Italy until July and had income there, duly reported to the italian IRS and taxed. Once I got to the USA  in July I had no further income until the end of the year. So, in other words, I have World Wide income for the first 6 months of 2011 and no income as a LPR. 

 

As Harpa has stated, you claim the entire year's worldwide income and put that on your US income tax return.  Then you put down what you earned in Italy.  Then you put down the foreign taxes paid to Italy.  Then you take your standard deduction.  OOOPSS you have zero income inorder to do that. So you just lost the standard deduction.

 

Now if you filed jointly you would add your income to your wife's.  Take the foreign income earned in Italy off the table and maybe a tax credit for the taxes paid to Italy and then the standard deduction.  Since your wife had income and the amount is above zero you now get to take your standard deduction and foreign tax credit off of your wife's taxable income thus reducing both of your tax liabilities.  Filing seperately means you get to only take the deductions until your taxable income reaches zero.  If you have more deductions, you loose them.  By combining your incomes you have more taxable income, but you also get to combine all the deductions and it almost always benefits the tax payer to do so.  I would see what filing seperately does for you--I can bet you will owe no taxes base on what you have told us; and see what amending your wife's return to filing jointly with your income from Italy and all your deductions.  You might be suprised as to how much of a refund your wife will get if you file jointly.  It is up to you, but you do need to file a US income tax return for 2011.

 

Dave


Edited by Dave&Roza, 14 June 2013 - 10:28 AM.

Dave&RozaMaleKazakhstan2013-06-14 10:27:00
Removing Conditions on Residency General DiscussionTax returns as evidence for removal of conditions - help

Thanks for this. As far as $$ is concerned it makes a hell of a lot more sense for me to file on my own  - or not file at all, which is the present scenario. I actually did not file in 2011 because I had no income! (here anyway) If I am to do amend and file jointly then  I am only doing it for the USCIS, having read all the blogs that say that you must file jointly. It would cost me in the area of $15,000. (and good luck getting a tax refund from Italy).

So I think I will just file my 2011 as separate (married) and show no income and hope that the rest of my papers can prove that we are definitely legit. 

 

 

Just to be clear, as a LPR or USC you MUST declare all international income.  So for 2011, you would declare your income from Italy on your US tax return, take your standard deductions, and then take the foreign income exclusion and foreign tax credit.  End result is that your TAXABLE income will be zero, but your income was not zero.  So in your case I would file as married filing seperately as it is the best for your tax situation.  I think if some idiot at the USCIS interview asks, "Well, I see here you did not file a joint tax return in 2011.  Why?"  You shoot back, "Because to file jointly would have cost me about $15,000.  Why would I do something that would cost me $15,000?  Would you?"  For most ROC applications they are looking that you are married and have started to join your lives together and everybody does that differently.  As long as there is other evidence you will be fine.

 

Good luck,

 

Dave


Edited by Dave&Roza, 13 June 2013 - 11:44 PM.

Dave&RozaMaleKazakhstan2013-06-13 23:42:00
Removing Conditions on Residency General DiscussionTax returns as evidence for removal of conditions - help

Thank you Magical.

 

ok, so here is something else. I just had a long conversation with my accountant explaining to him that we need to amend our 2011 Tax Return to include little me and file jointly. He states that a resident alien cannot file jointly unless he's been in the country for the whole calendar year, (bear in mind I got my green card in September 2011). Alternatively, I would need to report my World Wide Income, (the money I made in Italy from Jan through to Sept 2011) and, obviously, be taxed on. That would be a very, very expensive thing for me and I already paid my taxes in Italy. From September, (when I was granted conditional residence), to end December 2011 I had no income.

He suggests that the only thing to do would be to file a separate tax return, (me only), for the year 2011 showing no income.

 

I have a lot of documentation showing that we are legit. From joint home ownership to joint back accounts to joint insurance, to joint lease here in FL. Im the beneficiary on her retirement funds. Joint Health Insurance. Our 2012 Taxes are filed jointly, both Federal and State. I am part owner of our business. What I DONT have is a joint tax return for 2011, which, apparently, I cannot get unless I report my income overseas for the months thst I was NOT a resident...and pay lots of taxes. (which I paid already overseas).

 

Will a separately filed 2011 Tax return to my name showing no income help me or am I in a jam?? 

 

I filed for myself and my wife as married filing jointly.  She arrived on the 22nd of December and we were married on the 30th.  The IRS clearly states that you can submit a statement signed by both tax payers that you want the alien resident to be considered as a LPR for tax purposes and then you claim that person's income.  For us it made sense to do it this way as the deduction for my wife more than made up for what little income she had.  I would look at your tax situation and see which has the lowest tax cost to you--filing jointly or filing seperately and claiming a credit for the Italian taxes already paid.  I hope your accountant can do that, but given that he/she did not know about the rules for an immigrant I am wondering. (By the way, you do not have to live the whole year to meet the residency requirements.  Again this is spelled out in the IRS rules and I think it does not even have to be 6 months, but I know that if you are a LPR in the US for at least six months then you do not have to even make the statement about wanting to be considered a LPR for tax purposes, the IRS already considers you one).  If you file a 2011 income tax return as a LPR then it must include all your worldwide income, however; you do get a credit for foreign taxes paid.  Like I said, you need to see if adding your income to your wife's with the foreign tax exclusion and your standard deduction is better than filing your taxes alone and owing no US income tax.  In other words, would filing jointly give you a gigger refund or would you end up owing more taxes--that is the real question and that is what you should use to determine how to file your income tax return, not just to satisfy the USCIS and your ROC application.  Too many people here on VJ say you MUST file jointly because to do otherwise would cause a red flag for your ROC.  I say that is a bunch of BS.  Do whatever is in YOUR best interest and saves you the most in income taxes.

 

Good luck,

 

Dave


Edited by Dave&Roza, 13 June 2013 - 05:41 PM.

Dave&RozaMaleKazakhstan2013-06-13 17:36:00
Removing Conditions on Residency General DiscussionI-751 April 2012 filers
Good luck to you. I will be interested to see how your proof is received. Less than one year for us to file ROC.

Dave
Dave&RozaMaleKazakhstan2012-03-21 16:47:00
Removing Conditions on Residency General DiscussionI-551 Stamp

Will be traveling in September and I just received my NOA1 extending my GC for 1 year. I'd like to get a stamp in my passport just in case I run into trouble entering the country using NOA1 and my expired GC. 
Does anyone know if the USCIS office will take the expired GC if I get a stamp? I'm getting mixed answers in previous threads -some had no difficulty with the letter and some had problems with it. I just want to be covered, just in case. Any thoughts?

 

Your biggest problem with travelling with the expired GC and extension letter, or even the I-551 stamp, is whether the AIRLINES you are flying on will accept it.  My wife's GC is expired and we will be traveling in August.  I doubt the new GC will arrive by then.  I have specifically asked KLM about this and I am told and have read on their website that an expired GC and the original extension letter is acceptable to gain a boarding pass.  Once you arrive in the US the CBP person will scan the GC and all information will come up including that the GC is extended for 1 year.  So entering the US is not where you will encounter problems, getting on the plane to come back is where the problems will occur.  There have been several threads here on VJ about the airlines not accepting the expired GC and a copy of the extension letter or the extension letter and one about someone who wanted to do what you want--get the stamp--that he would lie and say he lost the extension letter.

 

If you want to go thru the process of making an INFOpass appointment and see if they will even give you the stamp that is up to you.  Me, I am going to use the expired GC and extension lettter as I do not want to deal with the USCIS any ore than I have to.  YMMV.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-19 09:01:00
Removing Conditions on Residency General DiscussionRFE questions

Hello!

 

 

I'm putting together a RFE packet to send out soon. So far they've asked more more financial records and our 2010 taxes.

 

We filed seperately with our 2010 taxes because I wasn't working and it was our first taxes filed together. So we didn't know what we were doing, unfortunately.

 

They have our 2011 tax transcripts along with bills, car insurance, etc with both of our names.

 

Now, before sending our 751 we didn't have a joint account. Because we didn't need one with our then financial status and living conditions. It was just easier for me to pay for major things  (rent, bills), and have my husband pay for everything else (gas, groceries, etc.). Plus he has a lot of student loans to pay off.

 

For my RFE packet, I have all our joint statements since we've opened it plus our 2012 tax transcript. Now, do we need to add a letter to explain about our 2010 taxes? How should I word it?

 

I feel so frustrated, we had such a smoother intereview for the conditional GC interview, in out in 10 minutes with instant approval. We're college sweet hearts and I've been in the US since I was 3 years old. We don't have any assets and are not well-off people, thus the lack of financial inter-mingling. Help!

 

 

 

Include the 2010 tax transcripts as asked for in the RFE.  As long as you filed married, I do not see a problem.  If you filed single then I would file an ammended tax return for 2010 and see which causes you to pay the least amount of taxes--filing jointly verses seperately.   You might want to get the 2010 tax return and just do them filing jointly and see how that affects your tax bill.  Typically with one spouse not working it is best to file jointly instead of seperately--you may have given the US government some of your hard earned money.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-06-19 16:10:00
Removing Conditions on Residency General DiscussionEvidence Question

They have your name, DOB, address and SSN.  They could easily apply for a new card using all that info.ohmy.png   We did not block anything out and sent in just the statements.

Dave


Dave&RozaMaleKazakhstan2013-06-20 18:16:00
Removing Conditions on Residency General DiscussionRemoval of Conditions

Well, today I received my 10 year permant residence Green Card.

 

YAY..........we are both over joyed.

 

Not long now and I will be applying for Citizenship.

 

Congrats.  Yeah, you got a whole two months to get that N-400 ready.tongue.png

 

Dave


Dave&RozaMaleKazakhstan2013-06-20 14:33:00
Removing Conditions on Residency General Discussion57 days and counting - any connection btw MIA GC and summer travel?

 

Hi Dave,

 

My husband's case isn't even on their website. I have tried putting in our receipt number but it says no record of our case can be found. However, we have gone through the whole system and been approved and everything. So sometimes it just isn't in the online system somehow. I've heard this from others too. Anyway, we did receive approval, just not the card. Still waiting... I will call this week. And thanks!

 

Well that totally sucks and yes the on-line system is only a little more relaible than the answers to questions when you call the USCIScool.png .  At least our case was viewable on the website so I could see what was going on even if it was "Initial Action".  Sounds like you have everything ready to go for Monday.  Make certain that you get to an ISO officer and I would not stop until they have an answer for you.  Otherwise I would make an INFOpass appointment for when your husband returns from Italy and ask them where the hell his GC is.

 

I wish you well,

 

Dave


Dave&RozaMaleKazakhstan2013-06-26 10:39:00
Removing Conditions on Residency General Discussion57 days and counting - any connection btw MIA GC and summer travel?

Hi VJers,

 

We are now on day 57 since my husband was approved for ROC. We are August filers, had an RFE, and received the approval letter, dated April 29th. Grrrrrrrrrrrrrrrr

 

Here is our current situation: My husband's GC hadn't arrived by the time he left to travel home on May 14th. He traveled on his expired GC and his extension letter, extending his 2 year GC through October 2013. He will be home in August. I have posted about that situation in other threads and have had great feedback regarding whether or not he should go get an I-551 stamp from the American Embassy in Italy. That is not my question here.

 

My question here is: is his GC maybe not coming because the USCIS knows he left the country to go home for the summer? Or are we just within (but almost beyond) the 60 day window for receiving the 10 year GC? Are things just going REALLY slowly at the California Service Center?

 

If it doesn't come by Friday I will try doing a conference call w/ my husband and the 800 number at the USCIS on Monday (they won't talk to me without his permission) and ask them what's going on.

 

I'm just wondering whether there is any possibility that there is a connection between the fact that his GC isn't coming, and the fact that he went home to visit his family before it arrived (but after it was approved).

 

Thanks!

 

Have you gone onto the USCIS website and checked your case status to see if they have mailed it and use the tracking number to check with the USPS?  I received an e-mail update that the ROC was approved.  The an e-mail about the card production.  Then an e-mail about the card being mailed.  Then an e-mail about the USPS picking up the card.  The e-mail had incorrect tracking information, but teh USCIS website had the correct tracking information.  My wife's card is in KY and SHOULD be delivered tomorrow--fingers crossed.  I would see if checking your case status gives any information and if the USPS has claimed to have delivered the card based on the tracking information, I would go to them and ask where it is.

 

Some possibilities are that the card is still waiting to be produced, the card was lost in the mail, or the card was delivered to someone else.  The actual production to receiving the card is fairly fast.  The first e-mail was received last Friday and we are scheduled to receive the card tomorrow, so less than a week.  This is the CSC too.  Our e-mail said it should take 30 days to receive the card and you are well outside that.  It is time for you to start calling and see where the card is, but first see if it has been lost by the USPS.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-06-26 09:21:00
Removing Conditions on Residency General Discussionmaiden vs married name

Hey all! 2 years flew by!

I'm preparing to file my 751, as my green card expires in September.

One mistake I did with my applications 2 years ago was somehow not ensuring I wanted my husband's name as my last name.

The IO stated that next application, I could fix it.

So how do I do this? Do I put preffered name as my married name? Will my new documentation have my married name then?

Everything is all screwed up! My SSN is my married name, but immigration documents and dmv records are all in my maiden name because of my immigration documents!

Sooo frustrating! Any help is greatly appreciated!











 

You fill the form out in the name you want on the GC.  You put your maiden name in the space of other names used.  I would also include a copy of the Marriage Certificate even though they should already have one in your file to help them understand the whole name issue.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 10:52:00
Removing Conditions on Residency General DiscussionOur ROC package

When the NOA is mailed to you, it specifies that you still have the opportunity to submit evidence. Your case will not be adjudicated for months. So, don't wait for an RFE, submit additional proof of living together again ASAP. Good luck!

 

Why do you think proof of living together is so important?  This couples situation is not the norm for most people submitting the AOS.  Her husband is in India and she is in the US due to work issues.  Is this a problem?  IMHO it is not a problem as they have a very valid explaination as to why his is in India and she is in the US.  It might casue their case to get a bit more scrunity of the other evidence, but I think she has a solid case of showing a bona fide marriage.  We sent in 2010, 2011, and 2012 tax transcripts, joint bank accounts, joint financial statement, evidence of trips we took together--just like the OP.  We DID NOT have any utility bills as they are all in my name and she was not on the mortgage of the house.  The OP is on the lease of the apartment her husband is staying in in India.  To my mind that shows that they are more of a couple then just having a common address because they took the time to add her to a lease that she may or may not actually use, but because she is the SPOUSE.

 

OP:  I think you have explained your sistuation quite well and your ROC is stronger than most I've seen here on VJ even with not living together.  I would not worry and address any issues as they come up if they come up.  Sending additional information now is not a good idea as it will not get added to your file, but rather just tossed.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-06-28 12:37:00
Removing Conditions on Residency General DiscussionOur ROC package

Here's a list of what we sent, maybe it'll be helpful to others - and, comments and opinions on the content are also welcomed!

 

  • Cover letter listing the items in the package
  • I-751 form, filled out by conditional resident, signed by conditional resident and petitioning spouse
  • check for $590 ($505 filing fee+$85 biometrics fee) made out to US Department of Homeland Security
  • Copy of conditional resident's green card, front and back
  • List of previous addresses
  • Proof of bona fide marriage spanning from July 2011 to present, including:

- Joint lease from an apartment in Brooklyn between July 2011 and July 2012

- Joint lease from an apartment in Bangalore, India, from August 2012 to July 2013

- Bank statements from July 2011 to present showing joint bank account and continuous activity on the account (I printed out one statement for every three months)

- A bill from Freelancers Union showing joint health insurance (and shared address)

- A bill from Guardian showing joint dental insurance 

- E-tickets showing travel to Finland for Christmas 2011 and a visit to Lapland in January 2012, and E-ticket purchased for conditional resident by petitioning spouse on his credit card

- Petitioning spouse's record from Indian foreign registration office showing conditional resident listed as spouse, and conditional resident's Indian visa, showing that visa was issued for the purposes of "accompanying spouse"

- Copies of 2011 and 2012 tax returns showing taxes filed as "married filing jointly"

- Proof of joint travelers insurance from July 2012 to July 2013

- Photos spanning over the past two years

- A letter explaining the current living situation of the couple (petitioning spouse is still in India for another two months, conditional resident is in the US) and a letter from petitioning spouse's employer stating that he had to to temporarily relocate to India in August 2012, and has resided there with the conditional resident with the intention of returning to the US in Summer/Fall of 2013

 

I do not see the not living together as a major red flag like the previous poster.  As long as the letter is on company letter head and signed by a company representation with title and contact information, I think you have covered the why you are not living together.  I know if I was going to commit immigration fraud and knew that not living together would cause extra scrunity, I would be living in the same house.  You are listed on the lease in India and are not living there.  The USCIS must realize that as a GC holder you cannot just move with your husband for 1-2 years outside the US--you will loose your GC.  You are doing what is best for your situation, have the explaination and documentation.  IMHO you will be fine as you have other evidence should you are living your lives together.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 10:45:00
Removing Conditions on Residency General Discussionsending ROC checks

hi everyone, i'm sending my ROC packets tom. i just want to know if i need to send two check for the 751 application and bio metrics? or can i just send one for both. thanks

 

 A single check made payable to "US DEPARTMENT OF HOMELAND SECURITY" for $590 ($505 application fee + $85 bio fee) is fine.  I typed mine so it was very readable.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 16:18:00
Removing Conditions on Residency General DiscussionRemoval of Conditions

Firstly, I would like to thank you everybody on this site, I gained a lot from here during my application.I became a conditional resident about 2 months ago I am trying to get back in school by January of 2014 to complete my MBA program which is why I came to the states in the first instance. However, the school which has the ideal program for me (cost,course of study, accreditation,reputation) is in a different state. I discussed this with my wife and she agrees that it is better that I go to that school cause we don't want to be in debt just because I am scared of jeopardizing my chances when it comes to removing conditions on my residency. The difference in cost between the schools around me and my preffered school is about $20,000 and I would also graduate 6 moths earlier and be back home with my wife months before I have to apply for the removal of conditions on my card.

My question is; would this affect me adversely when I want to apply for removal of conditions on my green card. This is a decision myself and my wife took together as a family and she is 100% on board with it. The plan is that I come home every 2 months till I graduate (its a year program) and she will also come to visit me often. I do not intend to change my address and we will still keep every thing we have in both our names.

Can you please advise me if this would affect me when I want to remove the conditions on my card.

Your advise and opinions will be highly appreciated.

Thank you.







 

First I always say live your live as you see fit and not how it is supposed to look to the USCIS.  Not living together is a red flag for fraud, however; in your case I think you can explain the rationale and as long as you remain a resident where your wife lives that will help.  College students do this all the time.  Just document the visits, maintain your perment residency with your wife and document, document, document.  You will need other things to help you case, but as long as those are strong, IMHO you should have little problems.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 23:14:00
Removing Conditions on Residency General Discussionmoving while a conditional resident

I was asking about my spouse's (the USC) change of address, since that one we can't file online...

 

We received a confirmation letter in the mail when I filed my I-865.  That is the only way you know if they actually received the I-865.

 

Dave


Dave&RozaMaleKazakhstan2013-06-30 20:48:00
Removing Conditions on Residency General Discussionmoving while a conditional resident

Thanks! Would you happen to know if they always send the NOA1? Last time we didn't get anything back from them, and when we called them they claimed they sometimes send a confirmation and sometimes they do not...They definitely got my spouse's change of address though, since we mailed the form with return receipt and we got the return receipt back...

 

When you file on-line there is a confirmation page with a confirmation number, I would print that out.  We did not get a confirmation or NOA for the AR-11.  My bet is that the hardly ever send one out as they do have a page with the number after it is submitted.

 

Dave


Dave&RozaMaleKazakhstan2013-06-30 20:27:00
Removing Conditions on Residency General Discussionmoving while a conditional resident

Hi,
this is really 2 questions we have, regarding moving while under the conditional residency status. I'm a conditional permanent resident (spouse is a US citizen), and we're planning a big move in the next 2 weeks, because of my spouse's new job (we'll be moving from the east coast to the west coast). Because this is such a big move, we wanted to double check on the immigration related required reporting. Specifically, other than filing AR-11 for myself and the relevant change of address form for sponsoring spouse, is there any additional paperwork we should submit? Any specific conditions or requirements? (the move is within the united states, but to a different state, and really it's quite a big move). Are there any other changes that such a move may introduce with respect to my status (again, my permanent residence is conditional)?

And the second question is regarding the AR-11 filing itself. Last year when we (also) moved (spouse in academia, hence lots of moves), we were very confused about this, so I wanted to make sure we get it right this time. When you file online, you are given different instructions depending on "whether you have any pending or recently approved applications", and if you do, you are told that you should do a second step, to change your address for those applications. However, when you actually file the online form, you are only asked whether you have a pending case. So I am very confused by this. Should we follow the two steps (even though our case was already approved) or only do the first step? Also, the second step requires you have a receipt number on your pending case, but if your case was already approved, then what would be this receipt number? When we asked a lawyer about this, she recommended doing both steps, (just to make sure we were covered, I think), but we are actually a little concerned about this- wouldn't this in fact create more confusion?

Thanks!




 

 

File the AR-11 for yourself and printout the confirmation page for your records.  Have your USC husband complete and mail in the I-865.  The USCIS will send you a NOA1 form to show he completed his requirements. 

 

FYI: you need to do these steps until you are a USC and your husband must do this until you are not longer bound by the I-864 form.  There is no difference between the responsibilities of a conditional perment residence verse a perment residence.  Since you have no pending case you only need to do step #1 for the AR-11.

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-30 20:18:00
Removing Conditions on Residency General DiscussionIs it difficult to change Biometrics appointment date??

Hi,

I received my Biometrics appointment letter and the date i was given will be when im out of town. I was wondering if anyone has successfully changed their appointment date without to much hassle?

Should i change my plans to avoid any risk of complications?

 

Any thoughts would be greatly appreciated,

Thanks.

 

 

As others have said, do a walk-in, but I would also take your travel plans with you to show them the reason for the walk-in.  Most places are not very busy.  I would avoid the 1100-1300 time period as that seems to be when they schedule people and have the least number on staff to help.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-29 11:32:00
Removing Conditions on Residency General DiscussionWhat happens if you're late with the AR-11 & i-865?

My wife and I are in the process of filling out our i-751 (my green card expires in just over 3 months, want to mail it as soon as possible), and realized we forgot to mail in an ar-11 and i-865 when we moved (about 15 blocks south of our old place). I realize it was a mistake to forget about that, but now that it's past, we're not sure the correct action to take. 

 

It's been well over a year since we moved. Does anyone know what might happen if we put our move-in date as June 2013, as opposed to March 2012? Would it make more sense to put the actual date or is there any chance that could cause serious problems as we're a year late in filing? Is it just for record purposes or am I at risk of losing my residency because I missed filing the change of address forms?

 

I'm just looking for any insight into the matter, and what the best approach is. Thanks!

 

Put the correct dates on all forms as lying is worse then not filing a change of address. Since you have no pending case, file the AR-11 on-line and print out the confirmation page.  Have the USC sponsor complete the I-865 and mail that in.  Then file the ROC.  I have not heard of anybody having problems.  This is like going 55 MPH in a 45 MPH zone.  It is illegal, but how often do you get caught?

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-07-01 22:16:00
Removing Conditions on Residency General DiscussionHow to get the tracking #?

 

How did you get the tracking info?. I only got an email on Friday saying that they had ordered the production of my car and then today i just got another email saying they had mailed my card today at the address they have on file. I logged in to my account on the USCIS website and they do n ot show a tracking number either. Did they send you another email with the tracking number???.

 

 

As Messybrownhair states, it will update again when the USPS actually picks up the package and assigns it a tacking number.  Then you logon to teh USCIS case status page to get the trackig number.  Please reread post #3 where I give the events in order of occurence.

Dave


Edited by Dave&Roza, 02 July 2013 - 11:07 AM.

Dave&RozaMaleKazakhstan2013-07-02 11:06:00
Removing Conditions on Residency General DiscussionHow to get the tracking #?

My status now says on June 28 we mailed the new card directly to the address we have on file.. I thought they provided tracking #? Where can I get it, do I have to call and ask or will my status change with the tracking info?

 

You need to go to the USCIS website and either logon to your case status update account or just enter the case number from the BIO appointment letter.When it comes up, it will say that the USPS has pickup your package and can be tracked at www.usps.com and the tacking number will populate the tacking field and the information will come up.  They also have the tracking number within all that information.  When they send the e-mail the tracking number is something like #DCN, but the scrtipt they are using to have that automatically transfer to the e-mail is all jacked up, so you have to go to their website and get the information.  Too bad that it is not in the e-mail.

 

Congrts on the card,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 08:28:00
Removing Conditions on Residency General DiscussionTravelling with a Conditional GC

Hi everyone,

I have A conditional GC, it expires in 05/14, im going to travel abroad for the second time since i got my GC, the first time was last year, i was out of the country for 7 weeks, and this time it will be for 3 weeks, i tried to find the regulations and restritions online but didnt find anything, i would really appreciate your help, and also my wife and i are not getting along, we decided to get divorced, we live separately, we will get divorced in AUG 13, when i come back, is that okay, ? does it make a difference ?

Thank you very much.

 

Once divorce is finalized you must submit the ROC with the joint filing waiver.  Travel will not be affected.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-07-03 10:49:00
Removing Conditions on Residency General DiscussionAffidivits ahead of time

Hi all,

I have a question regarding affidavits from our friends as evidence for removal of condition. Our removal of conditions isn't due until 9 months from now, but we are moving pretty far away, so getting affidavits from our friends who live here would be more difficult. So I was wondering whether we can get them now. If we ask for them now, they will have current date and current address, will that be acceptable for 9 months from now?

We thought supplementing our evidence with such affidavits might be a  good idea, because we had a situation this year, which required that I (the immigrant spouse) spend a substantial amount of time in a different city from where my spouse works (we're both academics, met in grad school, he graduated, got a job in a town that's several hours away drive from where  I go to school- I on the other hand I was still a student and had to be in my school at least part of the time, and  a daily commute was impossible because the 2 towns were not close). We have joint residence (and proof: a lease with both our names on it) in the town where my spouse worked; but in addition I had to keep temporary accommodations where I went to school. Hence we wanted to ask our friends in the town where my spouse worked to write us a note saying  that they know us as a couple and met me at social events, etc. But because we're moving again, it will be difficult to obtain the affidavits later.  So, if we ask for them now, would they be acceptable evidence?
Thanks!


 

Affidavits are for weaker cases IMHO.  Also, the people that complete those affidavits MAY be called to the interview and if that is in a far away city, they may have to travel there to attend an interview (have not heard of this happening, but it does state in the instructions that they can be called upon to have an interview).  As long as you have begun to join your lives like joint bank accounts, joint credit cards, joint taxes, listing the other as beneficiary on benefits, joint investment accounts, etc.  You have a valid reason for the seperation and I think should have no problems.  If you do get an RFE for more proof then you can send in the affidavits and they will be current.  I would discuss this with the friends and see what their feelings on this are.  If it were me, I would get the friends ready to supply the affidavits should an RFE come along, but I would submit my ROC application with all the evidence and put a short explaination in the cover letter that you are still in school and your spouse had a good job in the other city so it made sense to live in two places.  Some people may tell you that living apart is a red flag, but if you have a good reason, IMHO, the USCIS will understand this especially if the other evidence of joining your lives is there.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-07-05 10:43:00
Removing Conditions on Residency General DiscussionJoint Checking Accounts with Transaction History
If you feel that strongly about not showing them transaction history, then do not include that bank account information. They just want to make certain that the account was not set up with a name and no activity takes place like someone trying to commit immigration fraud would do. They would set up a dummy account with both names to show the co-mingling, but no money went into or out of that account. So now the USCIS wants to see that the account is actually used. I just sent in the complete statement for every quarter. Up to you what you do, but remember that it is their game and their rules. We may not like certain things they ask us to do, but in order to get them out of our lives we will given in sometimes. They may send an RFE asking for the information and if you refuse to answer the RFE the application will be denied and then your LPR status is revoked and you may find yourself in deportation proceedings--worst case senerio or you have to spend a lot of time and money on an appeal. Is all that worth it? Like I said in the beginning, do not include the bank information and let your application fly on the other evidence.


Good luck,


Dave

Edited by Dave&Roza, 05 July 2013 - 03:58 PM.







Dave&RozaMaleKazakhstan2013-07-05 15:57:00
Removing Conditions on Residency General DiscussionCredit card information for the past few years

We still have quite a few months before the need to actually send the ROC package, but just realized a little challenge and hoping that somebody more experienced here in VJ could advice us.

 

My hubby (USC) added me as an authorized user to his credit card close to two years ago and we both use our shared credit card account a lot, hence this will be one of our co-mingling finance evidence. However, looking at our credit card information, in all of the monthly credit card statements for the past few years, there's only my hubby's name mentioned. So we contacted the bank and they said it's not actually possible to add another name to the monthly statements or bills.

 

So the best available way that we can think of to show shared usage of our credit card, is:

- a letter from the bank stating I've been an authorized user from - to -.

- print our monthly statements of the few year period that is requested for ROC that would show regular usage and we can also add some saved receipts which do actually have our names written next to the credit card number - hence USCIS can compare it to the monthly statements if they like.

- we will also send a copy of both of our credit cards.

 

My question: If you used your shared credit card as evidence, what did you include on that? Is it just our bank, or is it a normal thing that we can't add my name along with my hubby's name to the monthly bills and statements? 

 

 

rose.gif  Thanks rose.gif

 

We ended up getting a new joint account so she was listed on the statement.  It was easy to add her to the bank account itself.  I would include copies of both CC showing the same account number and then send in a statement from each quarter.  The idea behind co-mingling is that you are willing to risk you fiancial assets with another person.  As long as you can show that the other person can run up debit or drain the bank account that is what co-mingling is all about.

 

What you did was add another authorized user to the account, but kept the primary account holder's information.  I bet you did not need to provide a SSN when added did you?  You need to specifically tell the bank you want a JOINT account so both parties share in the credit information.  Adding an authorized user only impacts the primary account holder's credit history.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-05 14:33:00
Removing Conditions on Residency General DiscussionWe failed, so will divorce in the middle of ROC

Actually, this probably isn't the best answer especially in keeping in line with the spirit of Visa Journey. You must never recommend  following a path that will mislead the government. Nor must you ever mis-represent material facts nor suggest anyone else do so. Option 1 is not an option as you are deliberately misleading in the process and should not even be suggested here.

 

Good luck.

 

I said to remain married long enough to complete the ROC.  I never said what to do during or after that.  My hope is that during the time spent doing the ROC she will change her mind and remain in the US WITH her husband and not get divorced.  Please do not read too much into what someone posts.  My wife and I almost never made it to our first wedding anniversary.  The only difference was that she would return to Kazakhstan and not remain in the US.  It took time for her to adjust and she is still adjusting and we are coming up on the three year mark.  This journey is hard on both parties and if you throw in lack of job, changes in culture, family pressures, etc, it is even harder.  One problem I see in today's society is that we are too quick to decide that if it is not working just quit.  Why not give it some time to see if the issues can be worked out?  So if the OP remains married, files for ROC and complete that before deciding what to do next, it will give them both time to see if their issues can be worked out.  I understand her frustration and maybe, just maybe a little more time will save this marriage.

 

I applaud the OP in that he does not want to kick her to the curb or send her back home.good.gif   Too many times here on VJ we hear about someone's marriage not working out and the USC wants to have the immigrant spouse sent back home like they are a piece of meat.

 

Dave


Edited by Dave&Roza, 05 July 2013 - 02:24 PM.

Dave&RozaMaleKazakhstan2013-07-05 14:21:00
Removing Conditions on Residency General DiscussionWe failed, so will divorce in the middle of ROC

Sometimes life is full of surprises, and this is certainly one of them.  We were less than 30 days away form filing the I-751, and my wife wants a divorce.  No, I don't believe that she gamed the system just to get a green card, and yes, the decision is final, so I need some help about how to fill out the I-751.  Let me go through question by question:

 

1)  What name do we use in question 1 ??  She will revert to her maiden name after the divorce, but the divorce will still be pending when we file, so married name or her prior name.

 

2) Ditto for question 2.  If we use her maiden name in question 1, then her married name will become her prior name once the divorce is final.

 

3) In question 11 which asks for marital status, do we use married or divorced since everything will be pending.

 

4)  In the waiver section, do we use the divorce choice even though the form says the marriage has already been terminated, when in fact it will still be pending at the time we file.

 

5)  Do I include my information in the relationship section--I would think not since it will no longer be a joint filing.

 

6)  Ditto that I would not sign the form

 

Thanks in advance--I know I have helped countless couples with other issues when I was the expert, and now I need your expertise to get through this sad, and final step.

 

You have two options which are 1) remained married long enough to complete the ROC, or 2) she files the joint filing waiver and will have to wait for the final divorce decree before the ROC is finalized.  If she wants option 1 then the name will need to be what is already on the 2 year GC.  Option 2 she can use her maiden name as the divorce will be final when they approve her ROC.  Option 1 also as the waiting for the ROC to be approved before filing for divorce.  Option 2 is cleaner for you.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-02 09:02:00
Removing Conditions on Residency General DiscussionAR-11 Epic Fail!

 

 

Thanks @EricaandHeath! Using IE worked. I dont recall them saying something like "for best results use Internet Explorer"!!! Who still uses Internet Explorer in 2013???

 

 

Just be thankful that you do not have to submit all these forms in punch card format.  Could you image trying to find a puch card printer nowdayswhistling.gif .  Now THAT would be OLD SCHOOL.

 

Dave


Dave&RozaMaleKazakhstan2013-07-07 12:20:00
Removing Conditions on Residency General DiscussionQuestion about self filing ROC

Thats the thing that i don't really understand why it is necessary to remove me on his account. I never use my atm card since i got it :-/ coz i don't like spending his money.
All i want is to open my own account so i can put some of my savings there aside to the money that i want to put in our joint account. About the insurance i don't have it too. We applied for it after we got married and until now we didn't received any notice from the insurance company so i am not the beneficiary yet :( He will remove me to his joint the time i will open my own account. What if i can't provide docs like joint account and insurance do you think it will result to denial of ROC? If once i get my divorce decree can i file the ROC even not 90 days of my GC anniversary or do i need to wait? I really can't take it anymore he's money is much more important than me. I just want him to know that i am not into his property or anything :-/


You must file for ROC EITHER 90 days before the GC expires OR right after the divorce is finalized which ever occurrs FIRST. As long as you entered the marriage in good faith and can show and/or explain his behavior as to the resaon for you filing for divorce your ROC will be approved. He cannot remove you from the joint account without you being present. All he can do is reduce the account balance to zero, or the minimum. Both of my parents are on a checking account with me. I have to take in their death certificates to show why they cannot sign the account closing form. Banks have all kinds of rules and regulations regarding joint accounts. A joint account allows both to depsoit money and withdrawal money so in that sense it is an "OR" but both parties must agree when changes to the account are made that is the "AND" part. I would get copies of the joint bank account statements to show that you at least tried.

Good luck,

Dave

Edited by Dave&Roza, 04 November 2012 - 04:58 PM.

Dave&RozaMaleKazakhstan2012-11-04 16:58:00
Removing Conditions on Residency General DiscussionQuestion about self filing ROC

Yeah thats why i'm stress , he's very concern about what he owns and everything even it will ruin our rel too bad and i cant take it anymore.
About joint he will remove me on his account that is my problem , do you think its a big deal if i file my ROC??



First, he cannot stop you from opening your own bank account. Second, he also cannot stop you from taking all the money out of the joint bank account anbd third he cannot just close the account but he too can take all the money out.

I don't know if the marriage is worth saving, but I would try to explain all this to him and see what his reaction is. You can file for ROC at the 90 days before your 2 year GC anniversary date or after the divorce is final--which ever comes first. All you have to do is prove that you entered the marriage in good faith, made an attempt, and had to get a divorce due to the way your husband is acting. Try to obtain as much documentation as you can like canceled checks for the bills you have paid, joint accounts, you as a beneficiary on his medical or employer benefits from marriage to the current date. It is doable and he cannot stop you and have you deported.

I wish you well,

Dave
Dave&RozaMaleKazakhstan2012-11-04 00:00:00
Removing Conditions on Residency General Discussiondo I need a cover letter?

Just sent off our packet a couple days ago, but reading on this forum it sounds like a lot of people send a cover letter.  This was not listed as a requirement on the USCIS site - it seems nice, but it's not required, right?  I guess if they don't approve of our packet which really only had 3-4 items for evidence of relationship, we'll get a request for more evidence and then I'll add the cover letter.

 

The cover letter is more for you and your records.  Do they even look at it?--who knows.  By putting at the beginning what the application is for, where it is going, and then a list of supporting evidence, YOU can check it off to make certain YOU have not forgotten anything that YOU wanted to send.  ROC is highly specific to each person's case.  I sent a cover letter listing everyhting that they will find in the package and a request to approve the application.  It is not required, but I think it is a nice touch for the person getting your package and it helps you organize the evidence.

 

Good luck,

 

Dave


Edited by Dave&Roza, 11 July 2013 - 08:56 AM.

Dave&RozaMaleKazakhstan2013-07-11 08:55:00
Removing Conditions on Residency General Discussion1 year extended letter

Dumb Question but does the letter you get ( noa1) extend your greencard for a year or does it extend it from the noa1 date?

Like I filed Aug 20th 2012 but my greedcard expired on October 31 2012

So would it be October 31 2013? I have a trip coming up on october 10th-16th and if I don't have my greencard by then I'm not sure whether to go get a stamp or wing it .



 

It is one year from the date the GC expired.  I would check with your intened airline to see if they accept the expired GC and the extension letter.  I know Lufthansa and KLM do as those were the two airlines we were going to use to travel to Kazakhstan with my wife's expired GC, fortunately her 10 year GC arrived so we do not have to worry about it now.  Given that you filed almost a year ago, I would start making waves to see where my GC is.  Or you can file for naturalizaation and that will force them to get the GC done.

 

one year from when your greencard expire.but you might want to be safe and get the 551 stamp .

 

I have read here on VJ that 1) some airlines still have problems with accepting the stamp (with most major international carries that should not be an issue), 2) that the USCIS will not issue the stamp if you have the extension letter and the expired GC--i.e. you never received the extension letter or "lost" it, 3) if they do issue you the stamp they take the expired GC and extension letter leaving you with the stamp, so now your only proof of your LPR status is in your foriegn passport.

 

It is up to the OP, but I just want to point out that the advice that getting the I-551 stamp is the cure all or magic bullet to the expired GC is not always the case. YMMV.

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-07-11 15:02:00
Removing Conditions on Residency General DiscussionWhen to start preparing for ROC

Hey all!

Long time no see! 
I've been in this strange bubble where thinking about immigration paperwork and filing were non existent.


Now back to real life...I feel a little outa the loop of things now. 

My question is, when should I start getting my ROC ready? and how much in advance does it need to be posted. 
I don't even know where to start right now! 

Hoping someone can help me out, or redirect me to a instructional forum. 

Appreciate it alot guys!

Nice to be back!

Chloe & Patrick.










 

 

In reality you should have been preparing for ROC from the day of the marriage up to the day you submit the application.  You have from 90 days before your 2 year anniversiary as a LPR up to the day your GC expires.  You need to send in evidence that the marriage was entered into in good faith and not to aviod immigration laws of the US.  This evidence includes joint fiancial statements covering the 2 years, joint taxes, joint liabilities, listed as beneficiary of each others employer's benefits, etc.  There is a link here on VJ guides and ROC. 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-15 22:12:00
Removing Conditions on Residency General DiscussionNeed Advice for my I-751 packet.Thank you in Advance.

Good Morning Everyone!

I wanted to ask for some advice,comments, or suggestions with my ROC. Will be filing in 2 weeks just want to make sure I got everything. Thank you in advance.

 

Also how should I mail it via USPS? Thank you again and God bless!

 

Here's what I got in my packet:

 

1. $ 590.00 personal Check payable to the U.S Department of Homeland Security

2. 5 pages -i-751 form

3. Copy of my green card front & back

4. Copy of both drivers license showing the same address

5.  Copy of both Sams Club membership

6.  Copy of our Daughther birth certificate( Deceased)

7.  Copy of Renters Policy both our names

8. Copy of both our Payroll showing the same address

9. Copy of Memorial Receipt for our daughters marker showing both our names

10. Copy of Life Insurance showing my husband  as my beneficiary

11. Letters send to both our names

12. Copy of the Envelope for church offering showing both our names

13. 2011 & 2012 Joint tax return

14. 21 pictures from wedding,christmas,trips, and daugthers funeral with family and friends

15. Letter from the Department of Treasury both our names for my husband child support. ( Should i Send this?

16. Letter from our church and bank

17. Joint checking and savings account

18. Copy of our lease showing both our names from 2011 up to the present

19. 5 affidavits from friends and family.

 

Can I put everything in a short folder with a clip then insert in the brown envelope? Please advice I'm getting paranoid I'm doing everything by myself. Thank you to this website and the people who help. God Bless.!!

 

Sorry to hear about your daughter.  I would say it looks good.  I put the check on top then the cover letter (more for my organization than theirs), the I-751 form, copy of GC and DL and the order I listed them on the cover letter.  I used a big clip to hold it all together and placed it all in the Express Mail envelope.  I did waive the signature requirement since it is being sent to a PO box.  Priority mail is fine.  Just make ceratin it is a trackable method and have a complete copy ready just in case.  Another thing I did do was type the check as I was sure my handwritting would cause problems.  For item #13 is it a tax return or tax transcripts from the IRS?  I would send off for tax transcripts so you do not get an RFE for not including some schedule the USCIS thinks you need for it to be a complete tax return.  I would not worry about utility bills as none of ours are in both of our names and it is very easy to fake this type of evidence.

 

Double check the instructions to make certain you are filing to the right place--California or Vermont Service Centers handle the ROC.

 

Good luck and congrats on getting  to this stage,

 

Dave


Edited by Dave&Roza, 18 July 2013 - 04:11 PM.

Dave&RozaMaleKazakhstan2013-07-18 16:08:00
Removing Conditions on Residency General DiscussionI751 Criminal History. Yes or No help! Open Container, Public Urination etc

Ever signed any waivers? Do you read everything? I did my I-485 on my own and just breezed over the terms as opposed to analyzing each and every term. It did not even occur to me.

 

But, this time I was actually reading it really well. And, I asked a Lawyer friend of mine. That's why I am more concerned and want to tell everything.

 

I don't want them to think exactly what you thought, which was I lied...even though I had explained above.....

 

But, thanks for your reply.

 

 

Okay you did not lie, you committed perjury as the statement above our signature on the I-485 very clearly states "...that the information provided on this application is all true and correct." You should understand that any time you put your signature on a document for the US government and it has the I affirm that the information is true and correct or I am committing perjury, you need to make damn ceratin that the information is true and correct.  Bill Clinton was impeached and almost removed from office for committing perjury. I agree with Harpa that you should have stated "YES" before and should state "YES" now and let the chip fall where they may--it is too late to go back, but do not make it worse by continuing the perjury yourself.

 

I wish you well,

 

Dave


Dave&RozaMaleKazakhstan2013-07-15 17:09:00
Removing Conditions on Residency General DiscussionChanging my name upon removal of conditions

Thank you very much that's actually very helpful. I do want to change my name this time around, I'm not in a hurry for my own sake, but one of the questions I was asked during the AOS interview is why I didn't change my name to my husband's. I wanted to but I didn't know how it would affect the process. Yes I'm going to apply for citizenship next year but it seemed during the interview that it was a question of why not change your name if you're married to him..not sure what to do.

 

Strange that they asked you that question about the name change for AOS.  It was a non-issue with my wife and if asked I would have told them it was non of their damn business and then give them the actual reason.  I also find it strange that the SSA will not let you change your last name on the SSC with the old SSC and the marriage certificate. You might want to try and spend the day there and record who you speak to and what they say.  Then write an e-mail to the main SSA office's website and tell them what you are trying to do--or you can start with the e-mail and take their response to the local SSA office.  Unfortunately the SSA employees are not properly trained in their own procedures.  How does a USC female change her last name as she has only the old SSC and a Marriage Certificate?

 

For your pictures, I would print them out and place them on an 8.5" X 11" piece of paper with who is in the picture, where it was taken, and when.  Since we used digital pictures, I just printed them out 2 per page with the caption as a footer under the picture.  As others have stated you put the name you want on the GC in the first space on the application and list the maiden name is other names used.  You may want to include a Marriage Certificate. again, to show the reason for the name change.  I was talking to a person that recently retired today and he was talking about how his dealing with the SSA was going in applying for Medicare--what a royally disappointing agency.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-07-11 21:54:00
Removing Conditions on Residency General DiscussionI 751 interview need helppppp

Thank you dave.
I just worry about it. If stroke interview happens , it will scare me. we live in the same address and we all have life insurance for each other benefits. How you know if it will be regular or stroke interview? The letter that I got seem to be which one? And you have the same letter like I have?

 

A regular interview will with both of you in the same room.  If someone else comes up and asks one of you to follow them while the other spouse remains in the first room you know then that you are getting a Stokes interview.  These are very rare and are only used when immigration fraud is suspected.  You seem over concerned and that will translate into bad body language when you enter the interview.  Trust me they will notice this extra nervousness and then they may becide to give you a Stokes interview at a later time all because you have scared yourself.  You need to relax and not think the worst or it will come to pass.

 

Relax.  Breathe.  Relax.  An interview is nothing to worry about.  In 95% of the cases it is a formality.  YOU NEED TO RELAX.

 

Good luck to you,

 

Dave


Dave&RozaMaleKazakhstan2013-06-30 20:34:00
Removing Conditions on Residency General DiscussionI 751 interview need helppppp

So in your case they dont separate you guys in different room right? And you got interview for I 751 just like mine right? Im afraid they will separate me and my wife for question.

 

 

Why do you think that?  A Stokes interview (which is where they seperate the two people and grill them with the same questions over and over) is for when they suspect visa fraud. If you had an interview for AOS and now have one for ROC, you are just one of the lucky ones to have been selected to have interviews.  There are those that have no interviews for either stage and there are those that have only one interview--AOS or at ROC.  I think our file was just selected because it was one of those randon files.  Relax.  They ask simple questions unless they think you are committing immigration fraud.  I would look at your case and see if there are any items that would raise a red flag?  Do you have documents that show the same address?  Is she and are you beneficiary's on each other's accounts or employer benefits if applicable?

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-30 15:12:00
Removing Conditions on Residency General DiscussionDivorce within 4 months after getting 10 year GC

This posting is for my friend who got his permanent GC this June 2013 and he is in the situation where his wife (Citizen) wants the divorce asap now.

He said that she called the USCIS that the marriage is fraud, but from what I have seen they were living as a couple and I have not seen any issues in their 3.5 years of marriage. They went to cruises, visited places, hang around with me with no issues. They were on the same lease, joint bank accounts, joint phone bills, joint 401(k), joint everything. 

 

Now,  Is he going to be in trouble after getting divorce? I feel sorry for him, but I don't know what to say or state?

 

 

The only affect on him is that he will have to wait at least 5 years instead of 3 years before he can file for citizenship.  She needs proof that now she feels the marriage was a fraud given that she just completed the ROC with him and stated that the marriage was entered into good faith.  In fact, the USCIS could go after her, no likely, for perjury as she did sign the I-751 form stating all information was true and correct and now she is saying that it wasn't.

 

Have him get out of there ASAP and get on with his life,

 

Dave


Dave&RozaMaleKazakhstan2013-07-23 09:03:00