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Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Dear Members,

i am frustrated today because my lawyer cancelled my appointment with her tomorrow. I am excited to talk to her about my documents that i will have to bring during the interview if it is valid or invalid. She rescheduled us by next week but my husband have work next week, so we won't see her until the day of my interview. Right now, i need your brilliant advice on some of my documents that i worried about. First, I am worried about some of the documents that i have, his income tax. He filed it electronically like turbo tax. I wonder if the immigration will accept the income tax return printed out through the turbo tax website. Second, my husband got divorced last july 2011 and we got married october 2011. and then, my husband filed his tax and his dependent was his ex and not me. Do you think we will have a problem in this matter? third, the photos that i am taking during the interview are the same of what i sent to them. Do you think those photos that i sent to them are fairly enough. The photos that i sent are our vacations with his family while we were dating. The other documents we have to prove to the IO are joint accounts, i'm a beneficiary in his health insurance, car insurance, and in our lease i am just an occupant. i need your opinion about this matter...

love simplelady

Posted (edited)

Wont it be possible to share your worries/questions with the attorney over the phone if you can't meet in person?

Instead of turbo tax print out, order IRS tax returns transcripts. Your husband can walk into the local Baltimore IRS office and have his transcripts printed for him if you think it wont be delivered by mail before your interview date. Another option will be by fax

There is no minimum number of pix to bring, but include your wedding pix, not just vacations. They only get to retain few of them anyway

Also you can include your marriage attestation letter(s) from family and/or friend(s)

All in all, Just thoroughly prepare as though you expect the worst but hope for the best!

Goodluck!!!

Edited by ClassyBee

 

AOS for Parent (From B1/B2 visa)

12/14/2016 Day 01 AOS Package delivered @ Chicago lockbox (Mailed out 12/14/2016)
12/27/2016 Day 13 E-notification for I-130, I-131, I-485, I-765 NOAs (check cashed 12/22)

12/31/2016 Day 17 I-130, I-131, I-485, I-765 NOAs delivered
01/07/2017 Day 24 Received Bio metric letter(I-765 & I-485) set for January 18 (Day 35)

04/10/2017 Day 117 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2017 Day 127 Received EAD & AP combo card

06/02/2017 Day 170 E-notification for AOS (I-485) Interview July 7, 2017 @ Phoenix

07/07/2017 Day 205 AOS approved on the spot. {E-alerts: Card production on                             07/10/2017 Day 208 E-notifications: I-130 & I-485 approvals  "We mailed card.." (07/12)}

07/14/2017 Day 212 GC delivered

Click tab below to show more

 

Married  01/06/2012

AOS from F-1

02/13/2012 Day 00 Mailed AOS Package to USICS Chicago lockbox
02/14/2012 Day 01 AOS Package delivered @ Chicago lockbox
02/21/2012 Day 08 E-notification for I-130, I-131, I-485, I-765 NOAs
03/19/2012 Day 35 Received ASC Bio appointment letter(I-765 & I-485) set for April 5 (Walk-in 03/19)
04/05/2012 Day 52 E-notification for AOS (I-485) Interview set for May 7, 2012
04/1 1/2012 Day 58 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2012 Day 67 Received EAD & AP combo card
05/07/2012 Day 84 AOS(I-485) Interview, No decision on the spot. E-notification for approval next day
05/16/2012 Day 93 Conditional Green card received
ROC
02/08/2014 Day 00 Mailed ROC Package to USCIS CSC
02/12/2014 Day 04 I-751 Payment Check drawn from account
02/14/2014 Day 06 Received NOA1 letter dated 02/10/2014
02/21/2014 Day 13 Received ASC Bio appointment letter set for 03/07/14
05/28/2014 Day 109 E-notification for ROC approved
06/04/2014 Day 116 10 year Green card received

Naturalization
03/11/2015 Day 00 Mailed N400 Package to Phoenix Lock-Box
03/16/2015 Day 05 E-notification for N400 NOA
03/21/2015 Day 10 Received NOA letter dated 03/16/2015
03/27/2015 Day 16 Received ASC Bio appointment letter set for 04/07/15
04/09/2015 Day 29 In line for N400 Interview
06/1 1/2015 Day 92 Received N-400 Interview letter set for 07/14/15
07/14/2015 Day 125 Naturalization Interview (Recommended for Approval)

08/12/2015 Day 154 Received Oath Ceremony letter set for 09/09/2015

09/09/2015 Day 182 Nu American! Register to vote & Apply for US Passport ...@ same Bloomington city Hall

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Wont it be possible to share your worries/questions with the attorney over the phone if you can't meet in person?

Instead of turbo tax print out, order IRS tax returns transcripts. Your husband can walk into the local Baltimore IRS office and have his transcripts printed for him if you think it wont be delivered by mail before your interview date. Another option will be by fax

There is no minimum number of pix to bring, but include your wedding pix, not just vacations. They only get to retain few of them anyway

Also you can include your marriage attestation letter(s) from family and/or friend(s)

All in all, Just thoroughly prepare as though you expect the worst but hope for the best!

Goodluck!!!

Thank you classybee for your reply. the problem is the lawyer is out of the country and will come back next week. the secretary wont discuss the documents because according to her she is not allowed to discuss any legal documents. In addition, my husband wont go to the IRS office because he is scare if the IRS will audit him.

Posted (edited)

Thank you classybee for your reply. the problem is the lawyer is out of the country and will come back next week. the secretary wont discuss the documents because according to her she is not allowed to discuss any legal documents. In addition, my husband wont go to the IRS office because he is scare if the IRS will audit him.

Not sure how a transcript request could lead to an audit but the other option is

First, have these info of the tax payer ready

1.Social Security Number (or your IRS individual tax payer identification number);

2. Date of birth;

3. Street address; and

4. Zip Code or Postal Code.

and then Either

* Call 1-800-908-9946

or

* fill out a request online https://sa2.www4.irs.gov/irfof-tra/start.do

It take about 10 days for it to be delivered.

Otherwise, Take your turbo tax print out if you wont be able to get transcripts!

Edited by ClassyBee

 

AOS for Parent (From B1/B2 visa)

12/14/2016 Day 01 AOS Package delivered @ Chicago lockbox (Mailed out 12/14/2016)
12/27/2016 Day 13 E-notification for I-130, I-131, I-485, I-765 NOAs (check cashed 12/22)

12/31/2016 Day 17 I-130, I-131, I-485, I-765 NOAs delivered
01/07/2017 Day 24 Received Bio metric letter(I-765 & I-485) set for January 18 (Day 35)

04/10/2017 Day 117 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2017 Day 127 Received EAD & AP combo card

06/02/2017 Day 170 E-notification for AOS (I-485) Interview July 7, 2017 @ Phoenix

07/07/2017 Day 205 AOS approved on the spot. {E-alerts: Card production on                             07/10/2017 Day 208 E-notifications: I-130 & I-485 approvals  "We mailed card.." (07/12)}

07/14/2017 Day 212 GC delivered

Click tab below to show more

 

Married  01/06/2012

AOS from F-1

02/13/2012 Day 00 Mailed AOS Package to USICS Chicago lockbox
02/14/2012 Day 01 AOS Package delivered @ Chicago lockbox
02/21/2012 Day 08 E-notification for I-130, I-131, I-485, I-765 NOAs
03/19/2012 Day 35 Received ASC Bio appointment letter(I-765 & I-485) set for April 5 (Walk-in 03/19)
04/05/2012 Day 52 E-notification for AOS (I-485) Interview set for May 7, 2012
04/1 1/2012 Day 58 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2012 Day 67 Received EAD & AP combo card
05/07/2012 Day 84 AOS(I-485) Interview, No decision on the spot. E-notification for approval next day
05/16/2012 Day 93 Conditional Green card received
ROC
02/08/2014 Day 00 Mailed ROC Package to USCIS CSC
02/12/2014 Day 04 I-751 Payment Check drawn from account
02/14/2014 Day 06 Received NOA1 letter dated 02/10/2014
02/21/2014 Day 13 Received ASC Bio appointment letter set for 03/07/14
05/28/2014 Day 109 E-notification for ROC approved
06/04/2014 Day 116 10 year Green card received

Naturalization
03/11/2015 Day 00 Mailed N400 Package to Phoenix Lock-Box
03/16/2015 Day 05 E-notification for N400 NOA
03/21/2015 Day 10 Received NOA letter dated 03/16/2015
03/27/2015 Day 16 Received ASC Bio appointment letter set for 04/07/15
04/09/2015 Day 29 In line for N400 Interview
06/1 1/2015 Day 92 Received N-400 Interview letter set for 07/14/15
07/14/2015 Day 125 Naturalization Interview (Recommended for Approval)

08/12/2015 Day 154 Received Oath Ceremony letter set for 09/09/2015

09/09/2015 Day 182 Nu American! Register to vote & Apply for US Passport ...@ same Bloomington city Hall

Filed: AOS (apr) Country: Canada
Timeline
Posted

It's pretty foolish to think they will audit him just for going in the office...

If it will benefit the process of having you approved for your green card he needs to grow some and get it done.

As for your pictures I would definitely bring different pictures...why bring something they already have? Plus pictures from dating do nothing to show an ongoing marital relationship - you should find/print some more recent pictures - preferably ones with other people in them as well, like family.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Posted

Are you saying your ex filed his 2011 tax return, putting his ex-wife on there as his dependent? What status did he file under? Married filing separately?

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Are you saying your ex filed his 2011 tax return, putting his ex-wife on there as his dependent? What status did he file under? Married filing separately?

My husband file his tax return and putting his ex as his dependent. i'm not sure but i guess he filed it jointly with his ex wife because his asked for his ex wife's W2.

Posted

My husband file his tax return and putting his ex as his dependent. i'm not sure but i guess he filed it jointly with his ex wife because his asked for his ex wife's W2.

I think maybe you'd better talk with a seasoned tax expert. Married filing jointly would have to be with you. The only way I could see him using his ex-wife as a dependent is if he filed Head of Household, which he is not allowed to do if he is married.

He may have to file an amended return, preferably married filing jointly (listing you as his spouse, of course), which would look better to USCIS. If they look at his tax return at all.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

I think maybe you'd better talk with a seasoned tax expert. Married filing jointly would have to be with you. The only way I could see him using his ex-wife as a dependent is if he filed Head of Household, which he is not allowed to do if he is married.

He may have to file an amended return, preferably married filing jointly (listing you as his spouse, of course), which would look better to USCIS. If they look at his tax return at all.

Honestly, i don't have any idea about tax return thing. according to him he was married to his ex wife until July and we got married october. I don't have a clue why he did it. and yes he is the head of the family.

Filed: AOS (apr) Country: Canada
Timeline
Posted

He probably did it to take advantage of getting better deductions or something of the sort, which is why he is so paranoid about getting audited.

It is not going to look great, but it isn't a deal breaker. Either way he should get the transcripts.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: Other Country: Ireland
Timeline
Posted (edited)

Honestly, I WOULD be worried, both with the IRS and with the interview. Legally he cannot file joint taxes with her if they were not married as of Dec 31st. If anything he should have done it married filing jointly with YOU. She was not his spouse at the end of the tax year, he is committing fraud by filing taxes with her when he has another spouse. It will probably not come up with him ordering his tax transcript, but most likely it WILL come up at the interview.

Personally I think you have a little more to worry about than the immigration interview. Your spouse is by the sound of it knowingly committing fraud, and with his ex wife no less. I'd be more concerned for my marriage than anything else.

*Editing to add, further research is saying he only could file with him as head of household and her as a dependent IF they were still married, AND she had no income, in which case there would be no W-2's for him to get from her.

Edited by SOflaherty

Our Journey

6/6/2007 Met online

12/05/2007 Realized I was nuts about him!

01/19/2008 Confessed...and he felt the same <3

05/01/2008 Met in person in Chicago

5/2008-5/2010 Umpteen visits between Ireland and US

6/19/2010 Got married!

04/06/2012 Finally able to send paperwork for AOS!

(Day 1)04/11/2012 Papers arrived at Chicago lockbox and signed for.

(Day 3)04/13/2012 Email confirmations!

(Day 7)04/17/2012 NOA hard copies received.

(Day 10)04/20/2012 Biometrics appt received for 05/07/2012

(Day 27)05/07/2012 Biometrics

(Day 65)06/15/2012 EAD approval email

(Day 69)06/19/2012 Interview notice!!! 07/24/2012!!

(Day 75)06/25/2012 EAD arrives.

(Day 104)07/24/2012 Interview in Atlanta....Approved!!!

Expecting a baby boy 8/9/2013!

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

He probably did it to take advantage of getting better deductions or something of the sort, which is why he is so paranoid about getting audited.

It is not going to look great, but it isn't a deal breaker. Either way he should get the transcripts.

I don't really know, what his intention of doing that. that is the reason why i am worried about this income tax return thing because i know there is something wrong. i am a kind of person that i want to present the documents perfectly or if not close to perfect.

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Honestly, I WOULD be worried, both with the IRS and with the interview. Legally he cannot file joint taxes with her if they were not married as of Dec 31st. If anything he should have done it married filing jointly with YOU. She was not his spouse at the end of the tax year, he is committing fraud by filing taxes with her when he has another spouse. It will probably not come up with him ordering his tax transcript, but most likely it WILL come up at the interview.

Personally I think you have a little more to worry about than the immigration interview. Your spouse is by the sound of it knowingly committing fraud, and with his ex wife no less. I'd be more concerned for my marriage than anything else.

All things i wanna do right now is just to pray that the immigration will not make it a big deal. if he commet fraud in his tax that's his i wasn't included in that one. i didn't know that he filed it jointly with his ex wife until after he recieved the money. i really damn in this tax thing. the bottom line is our marriage is true.

Posted

Immigration could look at it as a red flag, although I don't think you would get denied for this alone. It's a red flag in that it looks like he is maintaining ties with his previous wife, and so why did he marry you? Possibly for the immigration benefit? Still, that is a pretty big jump to that conclusion.

I'd be more worried about the IRS. If they catch this, he will be facing pretty steep financial penalties, at the least. The government takes a dim view of fraud. However, I am not well-versed in US tax law, having been here only 2 years, so maybe there is something here I am missing.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Immigration could look at it as a red flag, although I don't think you would get denied for this alone. It's a red flag in that it looks like he is maintaining ties with his previous wife, and so why did he marry you? Possibly for the immigration benefit? Still, that is a pretty big jump to that conclusion.

I'd be more worried about the IRS. If they catch this, he will be facing pretty steep financial penalties, at the least. The government takes a dim view of fraud. However, I am not well-versed in US tax law, having been here only 2 years, so maybe there is something here I am missing.

I would disagree of what you said for the immigration benefit because our married is true and i can prove it to the immigration. If my husband commit that fraud thing i am out of it.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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