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Question about DIVORCE, SEPARATE TAX FILING and ROC

By manilaboy83 in Removing Conditions on Residency General Discussion

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manilaboy83 Enthusiast

manilaboy83   9

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Filed: Other Country: Philippines
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Will filing tax under ‘marriage but filingseparately’ affect Roc?

I hope somebody can help me here. Im married toa USC for a year now and have been a gc holder for 5 months. Although weentered marriage in good faith, things didn’t work out fine. My wife decided tojust abandon me and move back to San Diego after a couple of arguments after Idiscovered her fooling around with other guys ( I have evidence), alcohol, andpot etc. As I live alone here in Los Angeles, its quite a struggle tofinancially support myself. We both mutually decided that this set up is betteras she has another guy now.

My question is

1) Since we need to file tax and wetechnically ‘separated’ what effect will this do to my ROC since we are filingunder ‘married but filing separately’

2) If she files divorce and granted therequest got approved, do I still need to wait for due time to file for ROC orcan I file a waiver as soon as I get the divorce document?

3) Is ROC for a divorced petitionedimmigrant like me difficult? Will there be interview?

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Leatherneck Grand Master

Leatherneck   693

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Filed: Country: Philippines
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Posted (edited)

Will filing tax under 'marriage but filingseparately' affect Roc?

I hope somebody can help me here. Im married toa USC for a year now and have been a gc holder for 5 months. Although weentered marriage in good faith, things didn't work out fine. My wife decided tojust abandon me and move back to San Diego after a couple of arguments after Idiscovered her fooling around with other guys ( I have evidence), alcohol, andpot etc. As I live alone here in Los Angeles, its quite a struggle tofinancially support myself. We both mutually decided that this set up is betteras she has another guy now.

My question is

1) Since we need to file tax and wetechnically 'separated' what effect will this do to my ROC since we are filingunder 'married but filing separately'

Legally you are still married, so you can file as such. I do not see how being "separated" and how you file your taxes will have any more of an impact on your ROC considering you will be filing pending a divorce.

2) If she files divorce and granted therequest got approved, do I still need to wait for due time to file for ROC orcan I file a waiver as soon as I get the divorce document?

Click here to read what USCIS has to say about this issue now. However, I do know there was a memorandum issued in April 2003 that said you can not file for a waiver, but the link to the USCIS page is updated info on 06/03/2010. I think there has been a policy change since that April 2003 memorandum. And I do know of cases that have filed for waivers pending a divorce/annulment.

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

  • You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  • You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

3) Is ROC for a divorced petitionedimmigrant like me difficult? Will there be interview?

You, the alien resident can petition without the former spouse by providing evidence that the marriage was entered into in good faith. With regards to an interview, there might or might not be an interview.

Be sure to include substantial amounts of evidence to show the marriage was entered into in good faith and not to circumvent the immigration laws of the U.S. If USCIS is satisfied you met the burden of proof, they should approve your case.

Good luck with your case.

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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easyriders2011 Explorer

easyriders2011   14

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted

Plus, if you are having trouble making ends meet, she is still responsible for your living at 125% above the poverty line minus what you earn.

Our time line:

-----------

11-2-09 Met for the first time

11-3-09 Went to dinner to celebrate my birthday

11-18-09 Officially became bf/gf.

11-22-09 Went back to the States

1-1-10 Talked to her father on the phone queried about my intentions. Told him I intended to marry her.

10-8-10 2nd Trip back to Philippines

10-10-10 Proposed to her ... She said YES!

10-16-10 Meet her parents and family in the province for the first time

10-25-10 Returned to States

11-2010 Started her annulment process

1-4-11 Free to marry within the country

2-8-11 3rd trip to Philippines

2-10-11 Annulment process complete (can file for US visas now)

4-27-11 Got Married

5-30-11 Finally received marriage contract from priest

6-4-11 Discovered we needed to get an electronic endorsement of our marriage contract submitted

6-22-11 Finally got updated CENOMAR to show annulment of previous marriage

7-29-11 Finally had to say good bye and leave the Philippines after 6 months

8-18-11 Submitted CR-1 pkg to visa service agency

9-9-11 After a thorough review and obtaining additional docs, finally mailed our pkg to USCIS.

9-12-11 NOA1 received

3-14-12 USCIS approved our I-130

3-17-12 NOA2 received

NVC:

3-19-12 Package acknowledged by NVC.

4-3-12 NVC enters our package into their system and generates our case#

4-4-12 AOS pmt made

Manila Embassy

4-9-12 Petition US Embassy Manila to expedite since I will be in country

5-23-12 Interview at US Embassy - approved

5-31-12 Visa in Hand

6-6-12 Len Arrives!!!!! in the US via Chicago to Houston

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Leatherneck Grand Master

Leatherneck   693

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Filed: Country: Philippines
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Plus, if you are having trouble making ends meet, she is still responsible for your living at 125% above the poverty line minus what you earn.

Good point! :thumbs:

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Stephen + Elisha Proficient

Stephen + Elisha   92

Posted
Filed: Lift. Cond. (apr) Country: South Korea
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Posted (edited)

deleted

Edited by Stephen + Elisha

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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