I-751 Divorce Waiver Lawyer/Self?

[Wuozopo 4,285]

4 hours ago, daboy said:

No 2020 joint taxes as we were separated at the point of filing, so they were filed married filing separately.  Do you think this will be a problem?

Those still showed you were (1)married and (2)the spouses’s name, so fine for evidence. 

 

4 hours ago, daboy said:

So that was my next question, we haven't even begin filing for divorce yet and my 2 year GC expires in 2 months.  Should I file with a waiver with an attachment that a divorce is pending?

Somebody else that follows waiver stuff closely will have to tell you how that works. I don’t pay that much attention to it. 

[USC4SPOUSE 506]

4 minutes ago, Wuozopo said:

Those still showed you were (1)married and (2)the spouses’s name, so fine for evidence. 

 

Somebody else that follows waiver stuff closely will have to tell you how that works. I don’t pay that much attention to it. 

Great point @Wuozopo, those tax returns still show they were married. People file separately all the time for various reasons. 

 

[Villanelle 4,121]

They require tax returns for the entire marriage up to and including the present date. So that means 18, 19, and 20. Doesnt matter if you are filing joint or with a waiver or if you filed taxes as MFJ/MFS, head of household, single, etc. You have to show you filed taxes since getting your card/date of marriage up to the present date.

 

You need to file your ROC prior to the card expiration. You can file sooner then the 90 day window if you are using a waiver. You are not divorced yet right? Do you have an ETA on how long the divorce will take? If you file the waiver ROC and do not include the divorce decree you will get an RFE and will need to send the divorce decree. So if you dont have the decree presently and are not expecting to get it quickly you are probably better off waiting until the 90 day window to file.