ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General Discussionexpiration of conditional residency

Hi Everyone,

 

I have a question about the I-751 application specifically part 1 item 15 (conditional residence expires on....). It seems pretty simple but I'm confused because of the discrepancy on the dates on my green card and the notice I got at my AoS interview. This notice says I'm admitted until march 11, 2014  but my green card says march 12, 2014. What should I do? Should I add a copy of this notice? I know it's late and I should've  done this earlier but there's a lot in my plate right now.

 

I appreciate any ideas

 

You put down the date on the GC as it is the official document you use not  some letter.  Your "residency since" date is the date you use to apply the 90 day window to.  So if you have been a resident since March 12, 2012, then your 90 day window opens December 12, 2013.  You now having until March 12, 2014 to file the ROC.  Don't wait too close to the expiration date of you GC.

 

Good luck,

Dave


Edited by Dave&Roza, 18 December 2013 - 01:03 AM.

Dave&RozaMaleKazakhstan2013-12-18 01:02:00
Removing Conditions on Residency General DiscussionRemoving Conditions on my Husband's Greencard

 

Dave - May I know what is the original extension letter that you are talking about? Is that something other than the NOA or something we need to obtain from USCIS after filing for the removal of conditions? Could you please elaborate?

 

Thanks!
 

 

When you get the NOA1 or I-797A as it is officially known, there will be wording on it that states that,

 

"Your conditional resident status is extended for a period of one year.  During the one-year extension you are authorized employment and travel.  (This extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.)"

 

Then it will tell you about the bio appointment letter you will receive in a few weeks.

 

Dave


Dave&RozaMaleKazakhstan2013-12-25 12:59:00
Removing Conditions on Residency General DiscussionRemoving Conditions on my Husband's Greencard

I am a little nervous in the fact that I had sent my husband's packet off last week, which is within his 90 day expiration date on his greencard.  The check was cashed today, but I have not received any NOAs is that normal?  I was also worried in the fact that I was looking on USCIS.gov and it was saying on there for a removal of conditions petition that it would take 6 months for it to be processed, his card is going to expire in February, what am I supposed to do?  Any help would be greatly appreciated.

 

First, relax.  Second, wait for the NOA1 in the mail in a few days--maybe by Friday due to the holiday season.  That NOA1 will extend your husband's GC for a period of 1 year.  It is good for travel and work.  If you do travel, just take the original extension letter with you as proof that his GC is still valid.  Do not bother with the INFOpass appointment as the previous poster recommends as the USCIS has been turning people away without the stamp unless they lost the NOA1.  CBP will not be your problem, but untrained airline employees.  So make certain you contact the airlines to see if they accept the extension letter--Lufthansa and KLM do.  When the new GC arrives make a scan of it as you do need a copy of the front and back of the 10 year GC to complete the N-400 form and should you lose the GC you can at least proceed with those copies.

 

Good luck and Merry Christmas,

Dave


Dave&RozaMaleKazakhstan2013-12-23 21:48:00
Removing Conditions on Residency General DiscussionTravel in the 90 days prior to GC expiration

Hello,

 

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

 

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

 

I have heard two schools of thought on this, so I have two plans:

 

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

 

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

 

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

 

 

Unlike a passport that needs to be valid for some period after entry, the GC can be used up to the day of expiry.  Your problem will be more with the airlines and not the CBP.  Up to you as to how you proceed.  When you file the ROC, you will get a letter extending the GC for another year.  Typically the bio appointment is about 30 days after they process the ROC application and issue the extension letter.

 

Do not wait until too close to the expiry date to file the ROC as it is the date they process it NOT the date they receive it that counts.  Late filing can cause her LPR status to expire and all kinds of problems.  IMHO, option #2 might be the best as the bio appointment SHOULD be before you both leave.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-12-18 01:28:00
Removing Conditions on Residency General DiscussionDrivers license expires on same day as GC expires?

I don't because its not like when your Conditional Card expires you are then illegally in the country.  So what do they expect us to do?  What if his 10 year card takes a year to get?  Do they expect him to be in resident status limbo for all that time - and have an expired drivers license?  It seems really dumb to me.  

 

 

 

Actually when your conditional GC expires so does your LPR status unless you have filed the removal of conditions (ROC) and then you receive a letter stating that your LPR status has been extended for 1 year.  I would think you could go to the DMV with that letter and get his license extended for another year until the GC arrives.  Might cost a new license fee.  More and more states are tying the DLs to immigration status.  When your documentation showing legal status expires so does the DL.  This is to keep illegal immigrants from obtaining a regular DL right before their legal status expires and then use the DL as a valid form of ID.  Someone here on VJ noticed that his NJ DL says he is a "temporary immigrant" because he also has a 2 year GC.  The big difference between the 2 year GC and the 10 year GC is that your status as a LPR does expire when the 2 year GC expires, but it does not expire when the 10 year GC expires.  So if you fail to file for ROC, you are indeed illegally In this country.

 

Dave


Dave&RozaMaleKazakhstan2014-01-03 15:54:00
Removing Conditions on Residency General Discussionremoval application but has plans of leaving US for two weeks

Hi,
I'll be filing my I 751 this coming april since my GC expires Jul 6. My situation is my family here in US (husband and mother in law) have plans on going to the Philippines for 3weeks on september. I am not sure of the processing time but I know that with the delays, there is a chance my green card is still not renewed by that month. My question is, can i go with them and just provide the immigration office my receipt of submission when i come back fr the philippines. Need your advice. Thanks in advance

 

Just make certain that you take the ORIGINAL NOA1 with you to show that your expired GC has been extended for 1 year.  You might also check with the airlines to see if they list it as a valid document for receiving a boarding pass to return to the US.  It will be the airlines where you have the most trouble.  Lufthansa and KLM specifically state they will accept an expired GC with the ORIGINAL extension letter(not a copy).  You may make it as it took 4 months for my wife to get her 10 year GC.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-01-05 15:04:00
Removing Conditions on Residency General DiscussionGreen Card and SS car stolen, time for ROC

Hello,

 

My wife had he green card stolen in July, and we applied for a new green card with I-90 in August.  We still haven't received the replacement and we're now about 10 days in the 90 day window to file for ROC before April.  So two questions

 

1.) We have the NOA for the I-90 and an infopass on Thursday.  Would the USCIS center give my wife a stamp within her passport, and if worst comes to worse, we still have a copy of her old green card (just front) and her her NOA.  Would that be acceptable to USCIS?

 

2.) She hasn't been able to get a new SS card because she don't have the green card.  However, would a stamp within passport or the NOA be valid?  She got a new job offer and needs her SS card.

 

Thanks

 

Send in the ROC with the copy of the GC and a copy of the I-90 form.  They should give her a stamp and with that she can get a replacement SSC.  Unless employers have changed their rules, she does not need to show the SSC.  Just show the I-551 stamp when she gets it and that is a List A document for the I-9.  All she needs do is provide the SSN to her employer.  I have never shown my SSC for jobs--I use my US passport for them to complete the I-9 form and then just rattle off the SSC.  If she does not get a stamp, then show the employer the copy of the GC and the I-90 form and suggest she will show them the new GC when it arrives.

 

I do not know why the SSA will not give someone who already has a SSC a replacement card unless she received it based on a K-1 visa and now the I-94 is expired and they are using that as an excuse--who knows what BS they will use to not do their job.  You might want to e-mail the mail SSA office and ask them how she should go about getting a replacement card.  It could be that the local office and the person you talked to does not have a clue and was blowing smoke up your a$$.  You could try using the copy of the GC with the SSA, but I would not hold my breath.

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-01-08 01:55:00
Removing Conditions on Residency General DiscussionI ROC in mid March. Moving to a different state in June. Will I have my new GC by then?

Background:

 

I'm a permanent resident (CR-1 visa) living in Hawaii. My husband is in the military, and we will be moving to California in early June. My ROC date is March 24. My GC expires June 22. 

 

Once we move, we will most likely be living in a hotel on base until we find a house. This could take a couple of weeks, and hopefully no longer than a month. 

 

I will be forwarding my mail to the hotel address, but I'm still concerned. I don't know if we would even have a room/suite number before arriving. I would much rather have my card before the move instead of possibly losing things in the mail.

 

I would also change my address on the USCIS website to the hotel one for as long as we're there.

 

What are the chances of getting my GC before June? It leaves two full months (April, May) for USCIS to do their magic. 

 

Ugh sad.png

 

Given processing times I would say slim to none.  We filed last February and received the GC in July--4 months.  Two options here.  1) file the ROC early and do a change of address using the AR-11, your husband using the I-865 and then the process with a pending petition and hope it gets thru and the GC is mailed to the correct address in CA and not HI (USPS will not forward any mail from the USCIS so having someone watch your old address would be best.)  2) Go to CA before your husband and get a PO box for mail to be delivered to and find out the physical address of the hotel without suite or room number.  Complete the form using the PO box as the mailing address (or use someone's address you trust as a care of) and the hotel's address as your physical address and send off the ROC package closer to the time you move.  Also complete the AR-11 for yourself and the I-865 for your husband before moving, but before filing.

 

I would go for option #2 as you know the physical address of the hotel and you can get a PO box to have your mail sent to.  Or you could ask the hotel about having mail sent to residents that do not yet know their room numbers.  I would try to have the place when I am going to be living as the place I would expect the GC to be mailed to as the USCIS is good at not updating information--as you might be moving around a bit after moving to CA until settled into housing and all that, a PO Box would be the best way to make certain you get all mail from the USCIS.  I would want the current application to have the correct information and not rely on some place in KY telling some place in CA that you have moved.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-01-08 16:27:00
Removing Conditions on Residency General DiscussionQuestion on removal of conditions

I understand you need evidence but every single one of those evidentiary documents is based on your finances and not ACTUAL living together. 

 

You need finances to buy a car, you need finances to get health insurance, you need finances to fly to SF for your winter vacations, you need finances to become a club member. 

 

We have a joint bank account but we don't have jobs so there are NO deposits in them except for 5 months of MY deposits when I was working. I made very little money so we barely have any withdrawals as I would use the card to just pay for grocery bills and my monthly train passes, et cetera while she is using her savings to pay for the rent. 

 

USCIS is assuming we have jobs to provide those evidences. Well, we don't and it's the government's fault not ours that educated, hardworking individuals cannot break into the job market for months. 

 

We would have just moved to India until things got better here (if it ever will) but that would mean abandoning the entire process and starting from scratch. We just do not have the strength to go through that whole hellish process all over again. 

 

Yes, typically the evidence is financial in nature as that also contains the most risk and people committing immigration fraud would not risk their assets to someone they are only marrying so they can get a GC.  There are other things you can do like get the person your are renting the room from to write a nice letter stating your situation.  You can get sworn affidavits from people that know you and your wife and that you are married.  Spell out your situation in the cover letter.  I actually stated that we were two people trying to combine our lives and that we got married to do so and not to circumvent the immigration laws of the US.  If I had to, I could impose on the cashier at the local Safeway to write a statement about me and my wife.  She has seen us shop together and will sometimes ask me where she is if I am shopping alone. I am sure there are people you meet in your daily lives that recognize that you and your wife are a genuine couple.

 

The point is that the ROC phase is very case specific.  You supply them with evidence that you and your wife are living together as a married couple, whatever that evidence is.  You spell out your situation in the cover letter and supply evidence to back that up.  IMHO, two people struggling to make ends meet and not giving up on the marriage is more proof that the relationship is bona fide than all the financial documentation most people submit.  The burden is really on the USCIS to prove that you do not have a bona fide relationship.  Having seen a lot of people here on VJ get their ROC approved after the marriage fails, I think you have a very good chance of your ROC being approved.

 

I wish you well and good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-01-13 12:07:00
Removing Conditions on Residency General DiscussionI-751: To file or not to file, and the ramifications thereof

College is one of those temporary things that you can do and still remain a LPR.  I guess the question becomes if she files for ROC can she jump thru all the hoop required in order to maintain her LPR status as a GC holder or would it be better to return the GC and wait until her situation is more stable and she is living in the US?  Given the amount of time she has been outside the US, there is no possibility to file for USC because she does not meet the physical presence rules.  As long as she can show she has maintained her residency and has no trip outside the US for more than 365 consecutive days, she is still a LPR and can file for ROC.  Then it boils down to proving this unique situation is a bona fide marriage. There will be the cost associated with doing the biometrics, but there may or may not be an interview.

 

You will have to prove that college is temporary.  You will have to show that she has maintained resident ties to the US.  You will have to show that the two of you are still considering yourselves a couple.  She will have to continue this until she returns to the US to live with you.  Worry about keeping her LPR status and do not worry about USC for now.  IMHO, I think it is doable, but it will be more difficult than most ROC cases. Yes, she has physically remained in Germany more than the US, but it does sound like she considers your home in the US as her place of domicile which is very important.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-01-15 15:51:00
Removing Conditions on Residency General DiscussionForiegn spouse left the house on temporay residency CR-!

I  sponsored my spouse (wife)  on a cr-1 visa who arrived the U.S in April of 2013  and was pregnant same month she came, everything seem alright  until lately she

started behaving funny,we heared some argurments and I proposed we see a counselor which we did.She left the counselor office, and left me and never came back to  my house since Jan 9 2014, till now I dont know her whereabout or where she went to. Have called some friends and relative ,she is no where to be found.She is 8 months and two weeks pregnant.

She never care to call or check on me. It is very hard for me emotional at this time.

She is not working yet.

 

My question is that, what do I need to do to restrain her from removing the condition by herself, for she is barely 8 months here in the country and have two year tempory residency.

How do I report this incident of abandonment to the fraud unit of USCIS.

Please I  am new to this site and realy need your help and contribution.I am emotional stressed out.

Please your contribution and suggestion will be greatly appreciated

 

 

First, there is absolutely nothing--I repeat NOTHING--you can do to keep her from getting her 10 year GC.  Now that she has her GC, she can file for removal of conditions (ROC) without you by filing a waiver.  All SHE has to do is show that SHE entered into the marriage in good faith and not for the purposes of circumventing US immigration laws. 

 

Second, as I read this I was wondering why you are worried about her immigration status and not where she is.  I would have filed a missing persons report with the police.  She is almost due and upset at you. Did it occur to you that maybe, just maybe the stress of this situation caused her to go into labor or maybe she was just due.  Either way, she may have already had your child, but does not want you to know because of your marriage situation. 

 

Third, she has not abandoned you YET.  Considering your attitude towards this situation I would expect her to file for divorce and file for ROC and then in 4 years file for citizenship.  All the while keeping you from seeing your child.  There is now a third human being involved in this situation--are you even considering what is best for your CHILD.  What should you do that will be in the best interests of you, your wife, and your child.  MARRIAGE IS DIFFICULT.  I almost did not survive our first wedding anniversary, but we worked thru it and I believe our marriage is stronger because of it.  You are having some problems and all you can think of is sending your foreign wife back home like she was some piece of meat.  This is at the top of my pet peeves here on VJ when the US spouse wants to know how to send the foreign spouse back home.  She gave up everything in her home country to come live with you.  What have you given up for her?

 

Okay, I'll stop for now.  The short answer to your questions are nothing you can do as far as her immigration as it is now HER immigration.  You are just her husband who happens to be a USC and she is a LPR.  Period.  As for your marriage, I hope you both can work this out for the sake of the child you have brought into this world.

 

I wish you the best,

 

Dave


Dave&RozaMaleKazakhstan2014-01-15 00:37:00
Removing Conditions on Residency General DiscussionI-751 - Suggestions on what else we coudl prepare while waiting for appt

I am confused as to why some considers this list of evidence "not compelling" enough.  I can see there may be a few items missing such as actual statements from each month of the joint account but the OP had submitted a letter of status from the bank (if I read that correctly).  Some have submitted just a ref. letter about the start and current status of joint bank accounts without bank statements and were approved - so who knows, really depends on the IO.

 

To OP, here are a few things I may consider in case you do get an RFE:

1) You can add your wife to the deed - it'll have to be recorded and there's a small fee involved.

2) I did not see any utility bills attached, consider getting those.

3) Consider getting tax transcripts from the time you guys began filing jointly.  Tax transcripts are easy to get.

4) Any important mails sent to your wife to your address if you don't have lease/mortgage documents proving joint residency.

5) Any health insurance records and claims for doctor's visits?

 

Too much seemingly useless evidence is better than no evidence and it doesn't look like you only submitted non-compelling evidence anyways so at this point in time it's really up to the IO.

 

Good luck!

 

 

There is a thread by Gary and Alla that has a discussion of what is considered good evidence and not so good evidence and utility bills is on the not so good side; so are cards and letters. http://www.visajourn...evidence/page-1.

 

The only thing I really see as a "mistake" by the OP was not to inculde the 2011 tax returns.  They want to see from the date of the marriage to present time.  Doing things now just to have evidence for ROC is a bigger red flag than not having the evidence IHMO.  My wife was never on the Deed and currently is sill not on the Deed.  We will either add her or I will complete a Quit Claim Deed she can file it should I die to transfer the house to her--have to do that anyway even if she owns half the house to transfer my half to her.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-10-31 01:13:00
Removing Conditions on Residency General DiscussionHow long does the I-751(remove conditions of residence) process take?

Thank you Sirdaniel42 for your answer. So, let me see if I understood correctly: The NOA will work as an extension of my current GC? Can I then go out of the country and come back and show this NOA to the immigration officer and he will let me in? Is my understanding correct?

 

Of course, I know that if the CSIC request an interview we have to attend. Just crossing fingers they don´t give us an appointment while we are out.

 

Thank you.

M

 

When you have nonstandard documents like the extension letter, it is always best to check with your intended airline as that is where you will have problems--getting on the airplane back to the US.  We were going to go back to Kazakhstan after filing for my wife's ROC and I checked Lufthansa and KLM and they both specifically did mention the expired GC and the extension letter.  My bet is that you will show the CBP person your GC and they will look you up and see that you have a pending ROC, but the airlines will not allow you to board the airplane without the original extension letter and your expired GC.  Our ROC took 4 months.  You can check the timelines here of VJ to get an idea of how things are going recently.

 

Have a good trip,

 

Dave


Dave&RozaMaleKazakhstan2014-01-17 17:51:00
Removing Conditions on Residency General DiscussionMy passport has expired.

Hi everyone,
I need to file I751 this May for ROC. However, my passport has expired 1 year and a half ago. If I am not mistaken, I need to bring my passport if there is interview for my application (I am not sure if I should make copy of my passport and includes it in my I751 application paperwork.) My question is, do I need to renew my passport?

Thank you.


 

You do not need a passport unless you plan to travel internationally.  You can wait until you become a USC and get a US passport if you so choose.  The documentation you need to submit for the ROC is a copy of the front and back of your GC and relationship proof.  For Naturalization you again need a copy of your GC.  No where does it mention a passport as a passport is only used as a valid form of ID and for international travel.  The only reason you need a valid passport at the beginning of this process is that you are traveling to the US via international transport and thus require a passport with a valid visa.  Now you have a GC which allows for your re-entry to the US.

 

Up to you, but should you need to suddenly travel due to an emergency, you will have to see what the requirements are in obtaining a passport from your home country.

 

Dave


Dave&RozaMaleKazakhstan2014-01-23 15:55:00
Removing Conditions on Residency General Discussionremoving conditions on conditional Green card (merged)

Hi My husband got the conditional gc we used a lawyer last time .Now when we file the I-751 we wish to do it ourselves.Has anyone submitted the paperwork recently and if so how long did they wait is there another interview involved .Can we include my husbands income also ?

WE are in DC.

Thanks and Happy New Year all. goofy.gif

 

 

For the ROC phase you gather all information about the co-mingling of your lives like joint financial account, joint tax returns,  joint liabilities, common address, listed as beneficiary on employer's benefits, wills, power of attorney, joint ownership of assets, trips taken together, children born to the marriage, etc. You may or may not have an interview--we did not.  It took about 4 months to process our application back in February 2013. You must include the time period from the date of the marriage to present.  It is not that difficult of a process.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-01-02 15:46:00
Removing Conditions on Residency General DiscussionTo file ROC with only 2012 year tax Returns???

You have two options as to what to send in tax wise: 1) send in only the 2012 tax transcript as that is the current last year return as required by the USCIS, or 2) file your 2013 tax return now and either wait for the IRS to process it and get a copy of the transcript or include a copy of the complete return with your ROC package.

 

I would send in the ROC with the 2012 tax year, file my 2013 taxes and get a transcript just to cover myself should the USCIS want to see the 2013 tax return.  I would want to get the ROC started ASAP and not have to wait for a tax return. We had 3 years worth of returns due to timing, but most have two if they are lucky, and some fall into your situation where there is only  one year of joint returns.

 

Do not get hung up on taxes that you forget other important evidence of a bona fide marriage.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-02-03 17:46:00
Removing Conditions on Residency General DiscussionA# for i 751 form

 

From all your comments and suggestions, I get a sense that what most of you recommend providing as much evidence as possible to make a strong case and not leave any scope for them requesting RFE.

So I am going to try my best to get as much evidence as possible.

 

I have the following questions:

 

  1. I have not requested any affidavits so far. Are they a must?  Did not use them ourselves.  It is recommended to use these only if the other evidence is weak.
  2. I am also going to attach pictures of the both of us taken at family get togethers, of us eating out, at home etc. I am guessing 1-2 pictures from each occasion, so how many pictures should I include in total?  Any trips together?  I would only include special occasions and not just the two of you at home.
  3. For out joint bank savings account, should I include multiple statements spanning last 1 year, say Jan 13-July 13-Jan 14? Span the entire time from marriage to current or from time joint account opened to present.  I submitted a statement for each quarter.
  4. I recently changed my employer, so also changed my health insurance. So should I also include our insurance ID from our previous health insurance? I would as it shows that you included her on your benefits from the time of marriage to present.
  5. Because I have always used paperless billing, I do not have bills older than last 2-3 months for utilities. Would bills for last 3 months be ok? Very weak evidence as utilities could careless who is on the bill.  It does so a common address if both names are on it, but beyond that I do not see much value.  We have no bills in my wife's name other than her own personal credit card.

 

 

You want to paint a picture of two people who meet, fall in love and decide to get married and begin living their lives together.  You need to spam the time period from marriage to petition submittal.  You need evidence that is convincing and hard to fake.  What you have depends on your situation.  Look at what you have and ask yourself if you believe that the two people in all this documentation are married because they love each other or if there is any possibility that the marriage is for getting a GC.  You have made it thru the hard part which is getting the visa to come to the US.  Most RFEs I have heard of here on VJ are for not covering the entire period of the marriage--they just submit evidence from AOS onward.

 

I think you have enough information.

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-02-01 22:52:00
Removing Conditions on Residency General DiscussionA# for i 751 form

I completely agree with you merc0230. 

I thought having a baby together and providing a birth certificate would be a very strong evidence!

 

 

Sorry to burst your bubble, but a child only proves that the female had sex and got pregnant.  By itself it is not proof of a bona fide marriage.  If the husband is listed as the father that helps.  IMHO, the USCIS wants to see financial risk between the two parties.  That is why joint bank accounts, joint liabilities, and joint tax returns are important.  They also want to see what is considered a "normal" married couple where their lives as two separate people slowly become one. 

 

You get married and live together.  You get added to your spouse's employer's benefits.  You get a joint bank account.  You get a joint credit card.  You buy a car.  Both are listed on the insurance.  You create wills.  You buy a house.  You file income tax together.  Maybe, as in your case , you have a child together.  There is no one single piece that proves a bona fide marriage because if there was every visa scammer would be using it.  If you actually read the CFR it is up to the USCIS to prove that you got married to avoid the immigration laws of the US.  I flat out stated in our cover letter that we were two people who decided to get married to join our lives and not to circumvent the immigration laws of the US and we both signed that letter.  So we were in fact making a pseudo sworn statement and included evidence that we were combining our lives.  My wife was not and is not on the title to our home.  We had a single joint checking account and a single CC.  We had file two years of joint income taxes and my wife was listed as a beneficiary on my employer's benefits as well as covered on my health insurance.  She does not have a DL yet.  We did show that we live at the same address before we moved and after. We were approved in 4 months without an interview.

 

Each case is different and it is up to you to decided how you want to show that the two of you are coming together as a couple.  I took the approach of submitting evidence as if I was on trial and had to show beyond a reasonable doubt that we got married to live together and not to circumvent the immigration laws of the US.  YMMV.

 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-02-01 00:51:00
Removing Conditions on Residency General DiscussionA# for i 751 form

Copy of applicant's passport is required for ROC.

 

Where does it state in the instructions that a copy of the passport is required?  The only required document is a copy of the GC.  All other documentation listed is about the relationship and are suggestions only.  I do not see anywhere that a copy of anybody's passport is required.

 

OP:  Use the A# on your GC as that is the number that contains all your file information and I am betting that the USCIS combined your student visa A# with this new A#.

 

Dave


Edited by Dave&Roza, 31 January 2014 - 10:37 AM.

Dave&RozaMaleKazakhstan2014-01-31 10:35:00
Removing Conditions on Residency General DiscussionEarly filing?

Hello there.  I have a question on the timing of filing the I-751 paperwork.  I still don't have my 2-year GC yet, but hope to have it later this year.  My wife and I will complete 2 years of marriage in December 2014.  Taking that into consideration, and thinking ahead ...

 

1. Can we file the I-751 before the '90-day before card expiration' date?  Or do we have to wait until that window? 

2. If it is indeed possible, are there any drawbacks to filing early?

 

I appreciate any information that you guys are able to provide on this...  

 

 

You can file before the 90 day window, but the entire package will be returned to you.  You must wait until you have been a LPR for 2 years because a conditional GC is issued to those that are married for less than two years when they enter the US and apply for LPR status.  If you were married for more than 2 years when you applied for LPR status, you would be given a 10 year GC.  So it is not the time of marriage that counts for ROC, but the time as a LPR.

 

Good luck,

 

Dave


Edited by Dave&Roza, 06 February 2014 - 05:25 PM.

Dave&RozaMaleKazakhstan2014-02-06 17:23:00
Removing Conditions on Residency General DiscussionSENDING I-751 BEFORE THE 90 DAYS

Hello! 

My husband is eligible to RC on his GC September 14 of this year, can we send in the forms BEFORE the 90 days (I was thinking to send them in March) or does it HAVE to be within the 90 days (that would be June)? Thank you for any help!! smile.png

 

I have read here on VJ that someone sent in their ROC package and it arrived 1 day early and it was returned to them.  Also please keep in mind that it is 90 DAYS and not 3 months which makes it June 16th for your September 14th date.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-02-12 13:09:00
Removing Conditions on Residency General Discussiontraveling with conditional GC

My wife got her conditional GC a few months ago, and she will be traveling out of USA to with our new born. Her GC will expire in arpril  2015 illand she will be visiting family and stay oversea for about 7months, Will her 7 months stay oversea have any impact on her reentery or removal of condition.

 

The standard reply to this question is "it depends..."  Typically single trips of less than 6 months are not a problem.  Several trips of less than 6 months, but you return to the US for a short stay and then leave again, will eventually get questioned.  A single trip of more than 6 months is at the discretion of the CBP person you encounter on re-entry.  Several trips of more than 6 months with short stays in the US will get the attention of CBP.  It all boils down to how does your pattern of living in the US look like.  Are you using the GC as a glorified tourist visa and actually spending more time outside the US then inside the US.

 

Have a read of this page on the USCIS website and also you might want to look at "Maintaining your LPR status" that is linked on that page.  You have worked too long and hard to get the GC for your wife to risk loosing it.  A single trip of less than 1 year should be fine, but it does come down to who you get at the POE when returning.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-02-13 15:40:00
Removing Conditions on Residency General DiscussionHow long to get 10 year green card

How long until you receive your card in the mail, if all goes well and no interview letter is sent?

 

We filed at the end of February beginning of March and received the GC end of June from CSC.  Bio appointment was at the end of March.  Wife's 2 year GC was only expired for one month.  Not a real issue until you get towards the end of the extension time period.  Of course you can file for citizenship when eligible and that will force them to complete the ROC application or get another extension of the GC.

 

Check the timelines at the top of this website to see how things have been going since.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-12-03 00:58:00
Removing Conditions on Residency General DiscussionChange of Address before filing for ROC

also there is the possibility of us moving again to a different state for my husbands job within a month or so. so i am not comfortable changing the address to our current residential address. i would rather use my parents address. 

 

Do not forget that your husband also must file a change of address as sponsor per the I-864. You use the AR-11 and he uses the I-865.  You can use your parent's address as the mailing address, but you need to put down your new physical address.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-02-17 13:04:00
Removing Conditions on Residency General DiscussionI-751 January Filers, 2013

Okay, I received it, Thanks God!

I updated all documents with my husband's last name.

Now I'm going to start Citizenship process.

 

CONGRATULATIONS!!!!  About damn time!!!  May your citizenship process goes quickly.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-02-25 02:42:00
Removing Conditions on Residency General DiscussionI-751 January Filers, 2013

Thanks everyone for your suggestions! I did make an infopass and also submit a request through the Ombudsman- and lo and behold FINALLY checked update on USCIS and it says "On January 15, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you

 

I think it was the Ombudsmen to be honest, because nothing else prior to that worked. Hope that means it's the end of this ordeal-No more interviews, or RFE's...card in production/approved right ? Last time I had my 'card in production' status, I had my green card in hand within a week. Fingers crossed. 

 

Will definitely follow through with N-400 end of the month, since these delays are quite insane. 

 

Good luck to those still waiting...and do try the Ombudsman route! It worked for us. 

 

 

 

 

 

Congratulations!!!  Hopefully your status has changed to "We have shipped your GC" and you also get the tracking number and your GC is on its way.

 

Dave


Dave&RozaMaleKazakhstan2014-01-19 23:26:00
Removing Conditions on Residency General DiscussionI-751 January Filers, 2013

Hi All, 

 

 

We're still waiting for my I-751 to be approved and my extension letter expires January 28th (timeline below with delay details). It's getting ridiculous  ClockWatch2.gif  we don't even know what the hold up is. Is anyone else still waiting ??

 

We've contacted our congressman and his office said they contacted USCIS (this was in early December) and all they said was 'It's assigned to someone who will be looking at it soon"...really? is that all we can get. What next, what other options do we have? I'm starting a new job on February 25th and they're asking me for valid verifications of my permanent residency, but my extension letter expires January 28th. What do I need to do in the interim, if I still don't have my new green card by then?

 

Can anyone with similar experience please advise us sad.png  Im really frustrated and it would be so disappointing if I lose this job over something beyond my control. 

 

File the N-400 for citizenship to force them to work on the ROC.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-01-11 23:46:00
Removing Conditions on Residency General DiscussionI-751 January Filers, 2013

Can I travel to India with valid green card and noa extension letter. Do I need visa or not. Please answer.

 

Extension letter extends the validity of the GC for one year so you can travel and work.  That being said, some airlines have problems with their training and may not accept the expired GC and the extension letter.  I would highly recommend you use a major international carrier that usually knows these things or call the airlines and verify that they understand and will accept the expired GC with the original extension letter.  You will have problems with the airlines allowing you to board the plane for the return trip, not with CBP. 

 

Just to be clear and nik pik a bit: you will travel TO India with your passport.  You will return to the US with your passport AND GC.  As a LPR you cannot get and do not need a visa.

 

Have a good trip,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 16:24:00
Removing Conditions on Residency General Discussiontraveling with 1 year extension

 

Sorry, I know this is an old post, but it seems to pertain to my friends situation.

 

The USCIS supposedly mailed the i-797 to her father's address in Ukraine 6 weeks ago, but it has not arrived.  The USCIS refuses to send another copy anywhere.  A US Senator's office was able to obtain a scan of the document and is going to write a letter on her behalf explaining that the copy was provided by that office.

 

What threat did you make?  I'm asking because it's looking like my friend will have to attempt to fly back to the US using just her passport, the expired green card, a photocopy of the i-797 and the letter on US Senate letterhead explaining why it's a copy.

 

I'm somewhat worried she wouldn't be allowed to board the plane in Simferopol, Ukraine, but more concerned that she would be allowed to fly to Moscow, but then be stopped there and not allowed to continue to New York.

 

Thank you,

Matt

 

I would have her go to the local US Embassy in the Ukraine with her passport, expired GC, copy of the I-797, and the letter from the Senator and have the Embassy give her proper travel documents so she has no problems with boarding an airplane destined to the US.  It will be in Moscow where she will most likely encounter problems.  It may take a few extra Benjamins to get her on the plane.

 

Good Luck,

 

Dave


Dave&RozaMaleKazakhstan2014-02-28 12:46:00
Removing Conditions on Residency General Discussiontraveling with 1 year extension

Hello all.

My wifes mother is very sick and will need to return to see her. We submitted our I-751 package reveived her I-797 NOA. However the biometric appointment is scheduled for 11/1. Can my wife complete her biometric at the Kiev American Embassy?

When traveling can she bring with her a copy of the I797 rather than the original? And if not can my wife get a stamp in her passport for traveling. Just worried about losing or misplacing the I-797.

Thank you!





 

 

Scan the I-797 and keep copies of it at home. For travel it must be the original.  As stated above, go to the ASC where the bio appointment is scheduled and show them the appointment letter and state she needs to be out of the country on that date due to a family emergency and they should let her do the bio--it just might be a bit more of a wait.  You can get the stamp if she happens to loose the original and needs to travel before teh GC arrives, but of late the USCIS is reluctant to issue the stamp unless you have lost the extension letter.

 

Sorry to hear about your MIL.  If your wife is outside teh US for less than 6 months, there is usually no problems. It is when a LPR goes over 6 months where there CAN be problems.

 

Dave


Dave&RozaMaleKazakhstan2013-10-13 16:46:00
Removing Conditions on Residency General DiscussionROC and time outside the USA

I am currently in the AOS process awaiting my 2 year GC, however, I am considering going back to school for a masters degree, the degree program will require that I spend 6 months outside the USA, however, I will maintain a USA address bank account and pay taxes in the US. Is this absence likely to cause problems for me when I go through ROC in 2 years time??

ROC is concerned about the validity of the marriage in which you obtained your GC through.  They really do not care about time spent outside the US other than you must maintain your LPR status if you remain outside the US for extended periods of time.  This will also have an affect on when you can file for citizenship, but first things first.  Get your GC, figure out how to maintain your LPR status while studying, file for ROC when the time comes, get your 10 year GC, and then you can worry about citizenship.  You may want to look at what options are available to help with the citizenship if that is important to you.

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-03-06 19:58:00
Removing Conditions on Residency General DiscussionPlease help my wife Temporary greencard expiring in 5 days

Thank you
But does she needs passport pictures to be taken? To removed the condition and get the permanent greencard?

 

Follow the guides on here ASAP.  Her LPR status expires when the GC expires.  The USCIS may not accept the petition if they process it after her conditional GC expires.  You have 4 days for them to receive and process it and it typically takes 1-3 weeks.  Better get prepared for a long drawn out process because you forgot to file the removal of condition (ROC) during the 90 days before her conditional GC expired and the USCIS will process it after the GC has expired.  Now is the time to expect the worst and hope they just accept the petition and grant her a BIO appointment and a 10 year GC.

 

Get everything together and mail it off today via express mail and waive the signature requirement as that causes a delay--ours was mailed on the 25th and processed with check cashed on the 27th and NOA1 received on the 2nd of March last year.  If the petition is refused due to the GC having expired, you will have to file the I-130 and I-485 and wait for those to be processed/

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-03-06 19:51:00
Removing Conditions on Residency General DiscussionWhat have we done wrong?? ROC

We can't help but think there is something wrong with our ROC packet. After compiling all of the evidentiary info that is supposed to accompany the petition, we ended up with literally hundreds of pages to ship. Are we doing something wrong? No, that is how much paper there is in two years worth of relationship.  I would par it down a little, but that's me--YMMV.

We have:

1. 2 years of complete tax returns (all pages)  Get transcripts as that is usually a single condensed page per year
2. About 15 months of bank statements all pages Might want to send in a statement per quarter.  My investment statements were 16 pages each so I decided to only use each quarter.
3. 15 months of utility bills (lights, water, cable etc) showing both names Pick some of these as these are not that good of evidence, #4 and #5 are better.  We sent in no utility bills as I am the only named person on them.  Again I would pick a few and send in only every quarter
4. Original lease Good evidence of living together as long as both are listed on the lease.
5. Lease renewal Same as #4
6. Title of vehicle This is also better than #3 and I would include insurance if the foreign spouse has their DL
7. Marriage license Not required, but still a good idea
8. 1 affidavit from friend we've known over 10 years Not really needed, but it could not hurt.
9. Life insurance showing both spouses as beneficiary on each other's policies Good.  Any wills or power of attorney.  Joint investment accounts?
10. Dental and vision insurance through employer showing coverage for spouse Good. What about emergency contact or other items where the foreign spouse is listed on the USC's employer's benefits and if the foreign spouse is working where the USC is listed on the foreign spouse's employer's benefits
11. About 10 photos of special occasions













Any trips together?  Driver's license, learner's permit or state ID with the same address as this would be better than #3 as utilities could careless about who is on the bill.  I would go for quality rather than quantity.  I think ours ended up being about 0.5" thick mainly due to 8 pages double sided investment statements and as I said, I sent in one per quarter.

 

Good luck,

Dave


Edited by Dave&Roza, 09 March 2014 - 01:00 AM.

Dave&RozaMaleKazakhstan2014-03-09 00:59:00
Removing Conditions on Residency General DiscussionROC and eviction from apartment

I think his card expires in June. So they are within the window of 90 days before expiration.

 

I see that the POE is June 5, 2012, so you are correct. (I should have checked their time line before responding the first timeoops8rh.gif )

 

OP:  You have until the residence since date on the conditional GC to file.  The earliest you can file is 90 days before that date.  So you are now within the window to file and are not late.  Just get your ROC filed before June 5th of this year.  You have nothing to worry about.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-03-13 21:11:00
Removing Conditions on Residency General DiscussionROC and eviction from apartment

Well this is my situation. my husband and I were evicted from our apartment in January 24th of this year. all our possessions stayed in the house since we were fighting tp return to the apartment. We went out the whole month of february , t the judge granted us the permission to go back to the apartment 3 days ago and since then I am being working on my papers. I am already late for Roc. I am sending them a letter and proof why we couldn't send anything since we were evicted. Do you think we have a change for them not to denied?

 

When did your window open to file for ROC?  If you are now just late then I am betting that your window opened in December.  Now I am playing the devil's advocate here, but why did you not file when the window opened?  Why did you wait until the end of January?  Did you not have an opportunity to retrieve documents and relevant information regarding the ROC before being evicted?

 

I think that for the petition for extra-ordinary circumstances to apply to your case, you will need to convince the USCIS for the reason for not filing your ROC during the entire 90 day window.  You have a very good reason for the last part of your 90 day window, but how much of that time is covered by the eviction process and fighting to get back into your apartment--30 days? 45 days?  I can see the USCIS wondering why you did not file the first 45 days or the first 60 days.  They tend to be harsh on the requirement to file before the conditional GC expires.

 

I would send in what you have and see what happens.  They may grant you a late filing and process your ROC, but be prepared for the worse.  I would make certain I explained the entire 90 day window so as to leave no doubt.

 

Good luck,

 

Dave


Edited by Dave&Roza, 13 March 2014 - 08:59 PM.

Dave&RozaMaleKazakhstan2014-03-13 20:57:00
Removing Conditions on Residency General DiscussionOut of status? help!

Dave,
No the stamp I-551 is not the same as the expired GC because it's currently valid while the 2yrs GC is already expired.
This stamp is temporary, that's why when you request it, the IO will ask how long your trip is, usually it's issued for 3-6 months.
Please read the extension letter again. It's the extension while the ROC is pending.
His ROC is not pending any more. So the question here whether or not the extension letter is valid.
I still leaning toward the I-551, main reason us that it's easy to get, free and ease the mind smile.png




 

The main issue we have here as I see it is the word "terminated" in the extension letter.  It does not state while ROC is pending or if the GC is approved this extension letter is no longer valid.  It states  if your conditional resident status is terminated.  When the GC is approved you are no longer a CR but was your CR terminated?  I say that it was not terminated but rather your status changed to IR.  The problem I have with your reply is that you state the the I-551 stamp is easy, free and gives you piece of mind.  There are several examples here on VJ where the USCIS refused to give the I-551 stamp.  There are cases where the airlines would not allow someone to board with the I-551 stamp.  So I would say the OP chances of peace of mind and ease in travelling back to the US are about the same with the expired GC and extension letter as it is with the I-551 stamp. Add in dealing with a Embassy/Consulate which is different that dealing with the USCIS here in the US, and it may be easier to NOT deal with the Embassy/Consulate.

 

So I guess it comes down to how the USCIS defines the word 'terminated" on the extension letter.  As the OP is already outside the US on the extension letter, I would use that to get on the airplane.  At the POE there maybe some grief as to why he is not carrying the new GC, but that is easily explained.  The issue is will the airline allow him on the airplane.  They will see an extension letter and an expired GC.  As long as the extension letter has not expired, the airline will allow him to board.  Then he gets to deal with the CBP at the POE who can see his immigration file and see that his 10 year GC has been approved.  They will also see the date of approval and they may not even ask why he is not carrying it as they know about how long the USCIS takes to issue the actual card.

 

I want to deal with the USCIS as little as possible and will not go to get a stamp if I have a valid extension letter and the replacement is in transit. That is me.  My time is too valuable to waste sitting to address something that should not need to be addressed if the USCIS did their job in a timely manner.  You would rather go and get the stamp.  That is up to you.  Know that the OP has read all of this so she can recommend to her husband a course of action that they can follow that takes into account they level of risk taking and avoidance.

 

Dave


Edited by Dave&Roza, 14 June 2013 - 12:34 PM.

Dave&RozaMaleKazakhstan2013-06-14 12:25:00
Removing Conditions on Residency General DiscussionOut of status? help!

It's up to you taking the risk here. Why not go for the safe proper way having the stamp.
The extension letter is no longer valid since the ROC has been approved.
It's valid while the ROC is pending. His ROC is not pending any more.
Not try to scare anyone here, but always better to have correct documentation while travelling, especially if you are LPR.
Don't make any assumption.
This whole situation is very simple to address if he has the I-551 stamp.




 

I respectfully disagree.  My wife's extension letter states, and I quote:

 

"Your contitional resident status is extended for a period of one year.  During the one-year extension you are authorized employment and travel. (This extension and authorization for employment and travel does not apply to you if your contitional resident status has been terminated.)"

 

I do not see the approval of the 10 year GC as terminating the conditional resident status, but rather a change in status.  IMHO terminating the status makes you deportable whereas becoming a non-conditional permenant resident has all the same rights and responsibilities as a conditional permenant resident.  The only ones that are going to know during this trip are those that have access to his complete immigration file.  There are those that have told of problems of being allowed to board even with the I-551 stamp.  The issue will being able to get on the plane back to the US and not at the CBP POE. 

 

It is up to the OP as to how best to proceed, but I would not say that getting the I-551 stamp somehow magically makes this easier, but that is MHO.

 

Dave


Dave&RozaMaleKazakhstan2013-06-14 12:00:00
Removing Conditions on Residency General DiscussionOut of status? help!

Hi VJers,

 

My husband's 10 year GC was approved on April 29th - though we still haven't gotten the card. What's up with that?

 

Anyway, on May 14th he went home to visit his family. He left with his expired 2 year GC, the extension letter for one year (through Oct 2013), and his approval letter.

 

I was given to understand that his extension letter would be sufficient documentation for him to be able to return in August. Recently, though, someone on VJ told me that he was now out of status since he now has his approval letter and that he should go to a US consulate in Italy to get an I-551 stamp. I have emailed the consulate in Naples but still haven't heard back.

 

Anyway, my question is: do we need to worry about his being able to come home? What is his status now? I was also thinking of FedEx-ing him his GC when it arrives, but various people have cautioned me against it in case it gets lost.

 

So, I would appreciate the collective wisdom of this forum in this matter.

 

Thank you!

 

 

 

He has a valid extension letter that has an expiration date on it.  If the GC has yet to arrrive you use this to gain boarding on the airplane.  Believe me THAT will be the real issue.  Will the airlines let him board the airplane with the expired GC and original extension letter.  They have no way to know whether he has a GC yet or not.  Once at the CBP at the POE, they will scan his exired GC and see that he has a new 10 year GC.  They may ask why he is not carrying it and he can tell them that due to the slowness of the USCIS he was already out of the country when the new GC arrived and since it is against the law to mail the GC he is travelling on the old GC and the extension letter which is still valid.

 

If he wants to go get the stamp he can, but that stamp is the same as his expired GC or the 10 year GC, but will only be valid for 1 year.  I do not understand the mentality that this I-551 stamp is the cure-all for everything. He has a valid I-551 in the expire GC and the extension letter.  When the GC arrives he will have an I-551 than expires in 10 years.  The only valid reason to get the stamp is if you have documentation that is expiring, but you are still a LPR and need to prove that--IMHO.  Up to you, but I would just travel on the 2year GC and Extension letter and explain it at the POE if they ask.

 

Good luck,

 

Dave


Edited by Dave&Roza, 14 June 2013 - 11:46 AM.

Dave&RozaMaleKazakhstan2013-06-14 11:44:00
Removing Conditions on Residency General DiscussionTax returns as evidence for removal of conditions - help

Thank you Canuckbos. I will not change anything on my Income Tax return. Enerything is totally legal and correct. I consulted another Accountant yesterday. He confirmed that as a DUAL ALIEN you need not file an Income tax return if I did not have any income since becoming a LPR. Income generated prior to becoming a LPR does not need to be reported.

 

Magical, Thanks for your input, which basically states the same thing.

 

I also took the liberty of calling USCIS. They confirmed what I have stated above.

 

This is all true, however; you may be causing your wife to pay more in taxes then she needs to.  I would go thru the excerise of filing both of your taxes as married filing jointly on paper and see if she gets a refund by being able to take your standard deduction off of her taxable income.  All of your income will be excluded as it is from a foreign source and you may also get to claim a credit for the taxes paid to Italy.  I am suggesting you do this just to see if there is a benefit to YOU AND YOUR WIFE'S tax situation, not because of the USCIS.  I may be wrong and both you and your wife paid the lower in taxes by filing seperately, but my gut is telling me that you and her over paid your taxes to the US.  It should take a couple of hours and if the refund is substantial then it wil lbe well would your time.

 

Dave


Dave&RozaMaleKazakhstan2013-06-16 12:26:00
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