What would happen if the green card would be denyed?

[senoritagg 0]

so, i am currently in the US got in in 2006 with my USA b1/b2 Visa/bcc(expires 9/14/2011)and my i-94 A( wich expired on jan 2nd 2007)got married on feb 2 2007

im married to a us citizen for 4 years and we are going to apply for the green card in this month but i am really going crazy. You see we got separated from december2008-feb2009 (in that time he slept with another woman and they now have a child) now on july 2010 i finally got a daughter and we are curently together and happy. but now im going crazy because im really scared they would deny me the green card over all this that has happen. so my question is what would happen if they deny it? would i have to leave the country, whats gonna happen with my daughter!? i dont want to loose my family

Other thing is this woman and my husband remmain "friends" for there son so she never applyed for childsuport (since he helps her with whatever the little boy needs)untill now, they have both agreed to apply for child suport.

And another thing is he did not file taxes as joint or married in that time that we were separated, everything is a mess!!

please give me some advise

and sorry in advance because my english is not that great

[YuAndDan 153]

Not a spouse visa topic. Moving to AOS from Tourist visa forum...

If denied, you will be placed in deportation proceedings based on your 4 year overstay, the resulting bar will be a 10 year bar.

Edited April 6, 2011 by YuAndDan

[Brother Hesekiel 2,235]

I think I referred you from Yahoo Answers to here.

When you file for AOS, there will be an interview. At the interview you and your husband have to show proof that you guys intermingled your life, your finances, your taxes, and your residence. If you had a rough time during your marriage and separated but got back together, that's not a problem. A problem would be if the Immigration Officer does not believe that your marriage is "real." If your daughter is from your husband and you have photos of your wedding and proof that you live together, you should be able to overcome any possible doubts.

A problem are the tax returns. Filing as single of one is married is a BIG no-no! Your husband needs to file amended tax returns for the years in question before going to the interview. Afterward he should order tax transcripts which would reflect the status quo.

I doubt that your AOS will be denied, but if so, USCIS would initiate deportation proceedings against you. You can appeal this, of course. Your daughter is a US citizen, so if you have sole custody of her, you could take her with you. If you don't have sole custody and your husband would not allow you to take her out of the country, you can't, as she has a right to stay in "her" country.

[senoritagg 0]

I think I referred you from Yahoo Answers to here.

When you file for AOS, there will be an interview. At the interview you and your husband have to show proof that you guys intermingled your life, your finances, your taxes, and your residence. If you had a rough time during your marriage and separated but got back together, that's not a problem. A problem would be if the Immigration Officer does not believe that your marriage is "real." If your daughter is from your husband and you have photos of your wedding and proof that you live together, you should be able to overcome any possible doubts.

A problem are the tax returns. Filing as single of one is married is a BIG no-no! Your husband needs to file amended tax returns for the years in question before going to the interview. Afterward he should order tax transcripts which would reflect the status quo.

I doubt that your AOS will be denied, but if so, USCIS would initiate deportation proceedings against you. You can appeal this, of course. Your daughter is a US citizen, so if you have sole custody of her, you could take her with you. If you don't have sole custody and your husband would not allow you to take her out of the country, you can't, as she has a right to stay in "her" country.

thanks, now they always say we have to have bills under both our names but we dont have nothing but the bank account under both our names, anything else they ask for a social security he cant even put me on hes insurance.

i only have the ITIN number but it says that i can only use it for tax purposes... what could we do

[Myopia 93]

thanks, now they always say we have to have bills under both our names but we dont have nothing but the bank account under both our names, anything else they ask for a social security he cant even put me on hes insurance.

i only have the ITIN number but it says that i can only use it for tax purposes... what could we do

You will need to amend your taxes for the past 3 years. This is not a bad thing because if anything the IRS will actually owe you money because the married filing joint will give you more of a deduction than filing single.

You wont be able to get EITC for your daughter because you do not have a SSN but when you do get the SSN you will be able to amend your taxes again to add the SSN and the IRS will give you the credit probably in a refund.

This is the form to amend taxes

You can use this online tax filer to amend your taxes but you will have to mail in the forms.

Turbo Tax Amendment

This is the most important thing that you have to do at this time.

AFTER you have amended the taxes, you need to make sure that your husband makes enough money to support you, him and your daughter.

He will have to make 125% of the federal poverty line for the number of people in your family which is $23,162 at minimum(Alaska and Hawaii have different amounts)

You need to make sure you have your birth certificate (translated) and only then attempt to AOS or you will find that you will face serious problems.

All the best.