Upcoming I-751 & N400 Combo interview!! Advice needed!

[Mattgz14 0]

Hi People,

 

I have been on this forum on and off so I would consider any kind of comment would be helpful and useful for me.
I filed joint i-751 with my ex spouse back in December 2016.Things did not went well and we decided to Divorce and it  happened in May 2018.I let the USCIS know before receiving my divorce decree.We sent an amendment with my lawyer,divorce was finalized in may 2018,USCIS has sent me a RFE in July 2018 asking for my signature to switch the case in to a divorce waiver.But also on RFE it was saying that we don’t shared  commingled finances.They also stated that there was a huge wire(my parents send me money for me to purchase car) transfer on my bank statement,and my 2016 taxes were showing much less income.They asked me where is this money comes from.Me and my lawyer reviewed everything one more time and sent them a much better package in September explaining that transaction.10 days later our response to RFE(I’ll attach it here).My status changed it to We sent your case to your local field office for an interview I honestly know so many people has no evidence but they have been approved with a divorce waiver and without an interview,since then no action on i751.My office is Miami Field Offfice.When I went there for stamp.They told me that my case is there.So since there is no action on my i751 my lawyer advised me to file n400 under 5 year rule.Which I filed in December 2019.They scheduled me and n400 interview for March 2020 but unfortunately as all of you know its been cancelled due to Covid19.They rescheduled my interview for beginning of September.What should I do to get both interviews be done at the same time?cause in the interview letter it says that n400 interview no mentions about i751.My i751 is pending for almost 4 years.It’s been a disaster for me.I have been waiting for this process to finalize to so I can sure that I will be living here the rest of my life and start my new business with peace of mind.I’m having really hard time because of this waiting game.Mentally  is more though for me.My parents are also old.I couldn’t see them for a year.I need you guys advises what steps should I take or can I take to get this interview happened.Do you guys think if there is something wrong with my case since they went rough in that RFE letter.Any kind of comment will be appreciated!!also here is my rfe letter back in 2018

[Lucky2Lucky 2,526]

According to the above letter what you submitted for the initial I751 was completely insufficient and I can’t believe you actually paid a lawyer to submit documents that showed no relationship evidence whatsoever. They didn’t go rough in that letter- they did they job and pointed out you didn’t show evidence of a relationship. For your future knowledge, depending on the amount of money, you need to declare gifts to the IRS. 
Now that you filed a divorce waiver you wouldn’t need the commingling of a relationship for proof. Bring all the documents you submitted to the interview. You can’t request a joint ROC/N400 interview- they will either schedule it together or separately. It sounds as if it will be joint since you received notification of the N400- what has your lawyer advised? I hope the lawyer has followed up countless times during these 4 years. Have your documents and tell the truth, like always. Good luck with the interview.

[Mattgz14 0]

Hello,

Thank you for your time to respond me,I provided these documents to them; and thats all I have.

 

I sent FPL bill(electric)under both names)(2 years )same address

direct tv bills, (under both names)(2 years) same address

7 affidavids,

40 new pictures(including our pics in nyc and vegas) and her and my families are in some of the pics

4 leases in total we stayed married for 5 years and all these leases under our names in the apartment

address change papers for both of us since we change apartments once a year

Joint Tax returns 2014-2015-2016-2017

her drivers license under the address we live and my drivers license is the same address

her work stubs under our address

car insurance under both names

health insurances covering 2 years under both names  

 

That’s all I have sent for response for RFE.I don’t know if this is a bad package.What’s your opinion about it?It’s all I have

by the way I didn’t get the IRS part cause my family helped me money with buying a car the money came in from my country.What does have to Irs do with it? 

6 minutes ago, Luckycuds said:

According to the above letter what you submitted for the initial I751 was completely insufficient and I can’t believe you actually paid a lawyer to submit documents that showed no relationship evidence whatsoever. They didn’t go rough in that letter- they did they job and pointed out you didn’t show evidence of a relationship. For your future knowledge, depending on the amount of money, you need to declare gifts to the IRS. 
Now that you filed a divorce waiver you wouldn’t need the commingling of a relationship for proof. Bring all the documents you submitted to the interview. You can’t request a joint ROC/N400 interview- they will either schedule it together or separately. It sounds as if it will be joint since you received notification of the N400- what has your lawyer advised? I hope the lawyer has followed up countless times during these 4 years. Have your documents and tell the truth, like always. Good luck with the interview.

[Lucky2Lucky 2,526]

2 minutes ago, Mattgz14 said:

Hello,

Thank you for your time to respond me,I provided these documents to them; and thats all I have.

 

I sent FPL bill(electric)under both names)(2 years )same address

direct tv bills, (under both names)(2 years) same address

7 affidavids,

40 new pictures(including our pics in nyc and vegas) and her and my families are in some of the pics

4 leases in total we stayed married for 5 years and all these leases under our names in the apartment

address change papers for both of us since we change apartments once a year

Joint Tax returns 2014-2015-2016-2017

her drivers license under the address we live and my drivers license is the same address

her work stubs under our address

car insurance under both names

health insurances covering 2 years under both names  

 

That’s all I have sent for response for RFE.I don’t know if this is a bad package.What’s your opinion about it?It’s all I have

by the way I didn’t get the IRS part cause my family helped me money with buying a car the money came in from my country.What does have to Irs do with it? 

 

That information is much better than what you originally submitted (although affidavits don’t hold much weight) I will assume you submitted your divorce decree as well? Make sure you have that at the interview as well.
 

I was informing you that there is a gift tax.. if you receive a certain amount of money in a year you need to declare it on your taxes -it doesn’t matter where the money came from. If this amount was declarable, and you had declared it on your tax return, you would not have been questioned on the amount since it would have been declared on your taxes.

[Mattgz14 0]

Just now, Luckycuds said:

That information is much better than what you originally submitted (although affidavits don’t hold much weight) I will assume you submitted your divorce decree as well? Make sure you have that at the interview as well.
 

I was informing you that there is a gift tax.. if you receive a certain amount of money in a year you need to declare it on your taxes -it doesn’t matter where the money came from. If this amount was declarable, and you had declared it on your tax return, you would not have been questioned on the amount since it would have been declared on your taxes.

Yes I submitted divorce degree as well.I don’t know if I’m paranoid but I will go there with my lawyer I just want to get done with this.I can’t start my business before this process ends.Do you think I have enough evidence to pass the interview.There is no question they can actually catch me off guard cause I have plenty of reasons to get divorce also my wife and her sister wrote me an affidavit letter after divorce.We didn’t get divorced in a bad condition.Things just didn’t work.Do you think those affidavits would be helpful? 

[Lucky2Lucky 2,526]

2 minutes ago, Mattgz14 said:

Yes I submitted divorce degree as well.I don’t know if I’m paranoid but I will go there with my lawyer I just want to get done with this.I can’t start my business before this process ends.Do you think I have enough evidence to pass the interview.There is no question they can actually catch me off guard cause I have plenty of reasons to get divorce also my wife and her sister wrote me an affidavit letter after divorce.We didn’t get divorced in a bad condition.Things just didn’t work.Do you think those affidavits would be helpful? 

The letter from the ex and sister are positive for you . You can’t supply what you don’t have, right? You now have decent information to bring with you. Take a breath and study for the Naturalization test. Good luck.

Edited August 4, 2020 by Luckycuds

[Mattgz14 0]

1 hour ago, Luckycuds said:

The letter from the ex and sister are positive for you . You can’t supply what you don’t have, right? You now have decent information to bring with you. Take a breath and study for the Naturalization test. Good luck.

Thank you!

[millefleur 5,035]

**Moved from Covid-19 Discussion to US Citizenship General Discussion**

[Mattgz14 0]

@mindthegapI would like to get your opinion as well🙏🏼

[mindthegap 2,521]

27 minutes ago, Mattgz14 said:

@mindthegapI would like to get your opinion as well🙏🏼

F**ked if I know... I’m in the same position.

N-400 interview scheduled (at the start of 2019), cancelled on the day, promised a reschedule.

Still waiting, despite exhaustive follow ups.

 

Also: USCIS has NO business questioning your finances or lump sums of cash. They aren’t the IRS - that has zero relevance to your relationship. 
 

YOU CANNOT PROVIDE WHAT DOESN’T EXIST. 

[Mattgz14 0]

Thank you for your response.I got my date for 4th of September but it says it is for n400 so my question is;  it likely to be an combo interview’?if not is there anything I can do to get this both done at the same time.I’m so frustrated mate.Waiting game never ends

[Mattgz14 0]

2 minutes ago, Mattgz14 said:

2 minutes ago, Mattgz14 said:

Thank you for your response.I got my date for 4th of September but it says it is for n400 so my question is;  it likely to be an combo interview’?if not is there anything I can do to get this both done at the same time.I’m so frustrated mate.Waiting game never ends

 

9 minutes ago, mindthegap said:

F**ked if I know... I’m in the same position.

N-400 interview scheduled (at the start of 2019), cancelled on the day, promised a reschedule.

Still waiting, despite exhaustive follow ups.

 

Also: USCIS has NO business questioning your finances or lump sums of cash. They aren’t the IRS - that has zero relevance to your relationship. 
 

YOU CANNOT PROVIDE WHAT DOESN’T EXIST. 

 

[Talako 756]

On 8/4/2020 at 3:26 AM, Luckycuds said:

I was informing you that there is a gift tax.. if you receive a certain amount of money in a year you need to declare it on your taxes -it doesn’t matter where the money came from. If this amount was declarable, and you had declared it on your tax return, you would not have been questioned on the amount since it would have been declared on your taxes.

Completely and utterly wrong.  If you are going to give tax advice, you should try and be correct.

 

As the receiver of the gift, you do not have to report or pay gift taxes.  The donor is required to file and pay the gift tax if the gift is over the donor's exclusion amount.

 

USCIS has other reasons to ask about the gift other than IRS tax compliance.  Which is the case, as they have no filing requirement. 

 

 

[Lucky2Lucky 2,526]

16 minutes ago, Talako said:

Completely and utterly wrong.  If you are going to give tax advice, you should try and be correct.

 

As the receiver of the gift, you do not have to report or pay gift taxes.  The donor is required to file and pay the gift tax if the gift is over the donor's exclusion amount.

 

USCIS has other reasons to ask about the gift other than IRS tax compliance.  Which is the case, as they have no filing requirement. 

 

 

Thank you, clearly I was not aware as other family members have then provided me incorrect advice; I didn't realize it was the donor who had to pay the tax. My thinking was if the OP had a significant sum of money deposited into their account and it was reflected on the tax return itself then this wouldn't have been questioned/came up. But clearly since it doesn't have to be reported on taxes I was incorrect. 

[HariSeldon 7]

On 8/7/2020 at 5:44 AM, Talako said:

Completely and utterly wrong.  If you are going to give tax advice, you should try and be correct.

 

As the receiver of the gift, you do not have to report or pay gift taxes.  The donor is required to file and pay the gift tax if the gift is over the donor's exclusion amount.

 

USCIS has other reasons to ask about the gift other than IRS tax compliance.  Which is the case, as they have no filing requirement. 

 

 

 

On 8/7/2020 at 6:03 AM, Luckycuds said:

Thank you, clearly I was not aware as other family members have then provided me incorrect advice; I didn't realize it was the donor who had to pay the tax. My thinking was if the OP had a significant sum of money deposited into their account and it was reflected on the tax return itself then this wouldn't have been questioned/came up. But clearly since it doesn't have to be reported on taxes I was incorrect. 

@luckycuds and other 'opinionated" members is the reason I stopped taking this site seriously. Its a bunch of personal, malformed opinions recycled repeated as advise.

Seriously people, check original sources before giving your nonsensical advice on taxes and immigration