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Posted

Hi everyone we could use some advice....

We were married in 2008 everything was great (K-1 visa). We were having some problems in the second year.

We were not really acting like a married couple, probably on our way to being divorced.

We were also having some money problems. We filed our taxes as such;

2008 married filing separately

2009 she filed separated and Head of Household

Me married filing separtely... ( we did have different addresses)

2010 we filed separated and head of household, we had a different address.

we have lived together all those years in the same house.

We were on our way to being divorced. But now we have reconciled.

And now we are going to have to deal with the removal of conditions.

WILL IT BE BETTER FOR US JUST TO GET THE DIVORCE?

She is working full time but we are worried she will have problems getting approved.

or should we amend our 2010 taxes and change to married filing jointly.

Filed: IR-5 Country: Australia
Timeline
Posted

if you have enough time, i would amend your 2010 taxes and file together. if you dont have time, i would write a letter explaining exactly what you just said.

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Posted

if you have enough time, i would amend your 2010 taxes and file together. if you dont have time, i would write a letter explaining exactly what you just said.

Her GC expire on the second week of August..... I don't know how long is gonna take if I amend our taxes. If I write letter explaining my situation.... Can I get any problems with the IRS???? And probably I have to pay a fine to IRS???. I don't know for sure if USCIS give any information to IRS... Or they just ask the taxes as a proof we are a real married . We are really worry... Please help!!!

Posted

File everything like you have them now. Include other evidence of your bona fide relationship. If they decide they need more evidence, they will send an RFE, and this way you can send whatever is that they need. If they will request your presence at an interview at your local office, there's your chance to explain the situation.

If you can afford a good lawyer, hire one (I would !!) But if not, pay EXTRA attention to every piece of paper you file, and if there's an interview scheduled, compose yourselves and explain it all as it is. Make sure you guys have the exact same version of what happened between you two.

It's not the end of the world, you just need to be extremely cautious with your explanations, your attitude (don't be too nervous, they don't understand it, as they've never been in your shoes). B-)

US Citizen since 08/11/2015.

Posted

File everything like you have them now. Include other evidence of your bona fide relationship. If they decide they need more evidence, they will send an RFE, and this way you can send whatever is that they need. If they will request your presence at an interview at your local office, there's your chance to explain the situation.

If you can afford a good lawyer, hire one (I would !!) But if not, pay EXTRA attention to every piece of paper you file, and if there's an interview scheduled, compose yourselves and explain it all as it is. Make sure you guys have the exact same version of what happened between you two.

It's not the end of the world, you just need to be extremely cautious with your explanations, your attitude (don't be too nervous, they don't understand it, as they've never been in your shoes). B-)

Thank you very much for your help. Well, we are thinking to have an appointment with a lawyer to explain our situation.

 
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