alexis2

As long as there is no pending divorce or legal separation then you can still remove conditions based on the joint filing. However, if you are scheduled for an interview and your US citizen spouse doesn't attend then the ROC would be denied. If your spouse does attend the interview, and either one of you admits that the marriage is headed for divorce, then they could deny the jointly filed I-751 on that basis, and ask you to refile with a request to waive the joint filing requirement based on termination of the marriage. In that event, you'd need a final divorce decree before the ROC could be approved.

Many thanks - this is very helpful.

I am a UK citizen, married to a US citizen. We were married in Feb 2008 and I received my conditional green card in Jan 2009. Recently we filed jointly for the removal of conditions on my residency...I am scheduled for a biometrics test on Monday. However, the relationship has been steadily deteriorating and we are on the verge of splitting up. What are the implications of this for the I-751?

Any advice on this would be greatly appreciated. Thanks in advance.

Thanks everyone

The I-751 has been sent off...we're keeping our fingers crossed that everything goes well.

Hi everyone

I understand that the USCIS likes to see continuity when submitting evidence for removal of conditions on residency. My husband is an authorized user on my credit cards and has been for the last 3 years. Is it ok to submit photocopies of the expired credit cards along with the newer updated replacement cards to show evidence of continuity? As everyone is advised to save evidence to submit for the I-751 I am hoping that sending old cards along with current cards would be considered normal, however, I am just double checking that it would not be seen as odd to send expired cards. I am finding this process of collecting evidence to be extremely stressful as it seems that you have to analyze everything you send in terms of whether it is going to be good evidence or whether it could create confusion/ complications!

I would appreciate any input on my question regarding the expired cards.

Thanks!

We are thinking of filing a constructive eviction case against our landlord due to excessive noise from neighbors in the apartment above us. ie using constructive eviction as a defence against early termination of the lease due to the landlord's failure to stop the noise/ move our neighbors to a ground floor apartment. I just wondered whether any kind of legal proceedings against me (e.g. the landlord suing me for early termination of the lease) would affect my immigration status (I have a 2 year conditional green card which needs to be renewed in January 2011).

Thanks. Is there any reason why I would have to apply as soon as possible? If I decided to wait until 3 months before the card expired, would that be a problem? What are the pros and cons of applying immediately versus waiting until 3 months before the card expires?

Actually, for a good explanation of that see this thread in the same forum, starting at post #6 to post #11: http://www.visajourney.com/forums/index.php?showtopic=215424

Thanks - this is very useful.

I think you should consult a lawyer.

I had the same case except that my card was expiring July 2009 and I got divorced March 2009. I filed the waiver to remove conditions jointly in April 2009. I already received the approval letter and my permanent green card should arrive this week. I had a little help of a lawyer (initial session). It was $2200 to do the whole process with a law firm so I decided to file by myself and it went pretty quick. Make sure you have the right evidences of a marriage in a good faith such as joint bank statements, joint leases, joint loans, joint taxes, etc...

I also think that the process goes faster for citizens of some countries (i.e from European union). i was very surprised it went that fast. No interview was required... I read a lot of the forums and people were saying it could take one or more years...

Good luck

Thanks for sharing.

I am married to a USC. I have a conditional green card which doesn't expire until Jan 2011. Unfortunately it's clear that the marriage seems to have become unviable - we seem to have major arguments every week and don't seem to agree on anything these days. Just wondered what would happen to the conditional green card if we separated/ divorced. Would I have to apply for removal of conditions immediately or could I wait until 90 days before expiration of the card? Basically would the card be still valid until Jan 2011 if we separated now.

Apply ASAP. Do not wait. Start collecting proof of good faith marriage. Separation and divorce very quick after your green card MAY raise a red flag!

Thanks. Is there any reason why I would have to apply as soon as possible? If I decided to wait until 3 months before the card expired, would that be a problem? What are the pros and cons of applying immediately versus waiting until 3 months before the card expires?

Thanks everyone for the advice - much appreciated.

I am married to a USC. I have a conditional green card which doesn't expire until Jan 2011. Unfortunately it's clear that the marriage seems to have become unviable - we seem to have major arguments every week and don't seem to agree on anything these days. Just wondered what would happen to the conditional green card if we separated/ divorced. Would I have to apply for removal of conditions immediately or could I wait until 90 days before expiration of the card? Basically would the card be still valid until Jan 2011 if we separated now.

I am a UK citizen who is employed at a US university. I was previously on an H1B visa (a few weeks ago). While on the H1B visa, both payroll and the University's International Office determined that I was eligible to claim a tax treaty exemption. I was exempt from Federal and State taxes from November 2007 up until a few weeks ago. This is because I recently got my Green Card (through marriage to a US citizen). I fully understand that the tax treaty exemption no longer applies to me and that I need to pay taxes. My question is do I have to start paying full taxes right away or can I wait until the beginning of the new tax year (next year)? In other words, will the taxes have to be deducted from my next pay check? I cannot afford this at the moment and if it is acceptable to pay the tax as a lump sum at the end of the tax year, I would prefer this option. Please advise. Thanks in advance.

Nobody actually pays income taxes until they file the annual return... all amounts withheld are put on "deposit" until you file... however, if you underpay your tax liability you could be subject to penalties....

Social security taxes on the other hand are not negotiable and must be paid concurrently....

Thanks. I guess my question is can I legally start paying the taxes in full at the end of the tax year...is "being subject to penalities" within the law?

I am a UK citizen who is employed at a US university. I was previously on an H1B visa (a few weeks ago). While on the H1B visa, both payroll and the University's International Office determined that I was eligible to claim a tax treaty exemption. I was exempt from Federal and State taxes from November 2007 up until a few weeks ago. This is because I recently got my Green Card (through marriage to a US citizen). I fully understand that the tax treaty exemption no longer applies to me and that I need to pay taxes. My question is do I have to start paying full taxes right away or can I wait until the beginning of the new tax year (next year)? In other words, will the taxes have to be deducted from my next pay check? I cannot afford this at the moment and if it is acceptable to pay the tax as a lump sum at the end of the tax year, I would prefer this option. Please advise. Thanks in advance.

1) No penalty for late filing if no tax is owed

2) No effect on AOS for late filing of a tax return... you will pay a penalty to the IRS if it is found you owe taxes. How you settle that debt with the IRS will not affect your AOS

Thanks for sharing - I've been really worried about this because I read on some immigration/ tax sites that you should be careful to file for your tax returns if you ever want to change status..so hopefully if I now file, I won't be penalized for the late filing by the USCIS.

CIS doesn't care if you owe taxes, they require the tax returns to prove income. It won't affect your AOS as long as you satisfy the income level requirements.

Yes, if you owe taxes, the IRS will hit you will a late fee and also interest on the money you owe.

Thanks for the info.

I'm currently on an H1B visa and as I'm also married to an American citizen, I filled for adjustment of status about 3 months ago. I recently got a request for evidence asking for my most recent federal tax returns (I am employed and my husband currently is not, so we used my income for the I 864). This request for evidence relating to my federal tax returns made me realize that I had to file tax returns for 2007 by April 15th this year. I had overlooked filing the tax returns because:

1) The institution where I work (university) gave me the option to take advantage of a US/UK tax treaty which allows me to be exempt from federal tax for 2 years with the understanding that if I remain in the US after 2 years I have to pay back the taxes; thus, because I don't currently owe anything I didn't think I would have to file for tax returns.

2) in the UK, if you work in a regular job (not self-employed) you don't have to file for tax returns so I guess I'm not used to the process.

Anyway, I've only just now realized that I have to file for these returns even if I owe nothing currently.

My first question is this: provided I now file the tax returns, will my adjustment of status carry on as before; in other words, will I get penalized for a late tax return.

My second question is: if I found I did owe some tax now, would this affect my adjustment of status; in other words, if I found I owed something but quickly paid it, would the adjustment of status application be unaffected?

Advice on any aspects of the above would be much appreciated.

Thanks in advance.

I wondered whether it was ok to apply for membership of a professional organization while I am waiting for my EAD to be authorized? If I was approved as a member, the organization would advertise my services as an expert in the field. Obviously I would not do any work until my EAD was approved; I just wondered whether it would be ok to go ahead with the application now? The reason I want apply now as opposed to later is because there is a discount on the membership fee if I apply now. I’d appreciate advice on this issue. Thanks in advance.

Nothing you've stated would get you into trouble by doing this. Take advantage of the discount! Advertising your services is not working, so don't worry. You might get some good leads for when you do get your EAD!

Best of luck!

Thanks very much for your input!

Yes, you can send off your AOS file without the medical, but you are sending an incomplete file. You are risking an RFE, and additional delays. So its up to you.

I'd recommend getting a medical done & including it with AOS to make it complete, as the instructions say. Why risk haivng problems down the line.

I was hoping to pay for the medical later if possible. I'm not familiar with the term RFE - would an RFE make the application invalid? If it would cause significant problems then yes I would have the medical now, but if it doesn't pose a major problem then delaying the medical could be an option for me.

Yes, you can do the medical after filing for AOS and before the interview, though you may get an RFE requesting you send it even before they schedule the interview (or transfer your case to a Service Center, where it is often approved without an interview). As far as I know, this is the same in all places, so no special instructions for Atlanta.

Thanks...so does this mean that the AOS will count as being "filed" without the medical? (although of course the medical would be necessary before the interview). The reason I am asking this is my job is not particularly secure and I understand that merely filing for adjustment for status allows you to stay in the US while the interview is pending. I wanted to be sure that not having the medical before the interview would not jeopardize my right to remain in the US if I were to lose my job.

I’m in the US on an H1B visa (Atlanta). I recently got married to a US citizen and want to file for adjustment of status. Is it possible to have the medical AFTER I file for adjustment of status provided it is before the AOS interview (I understand that Some CIS Offices allow you to schedule your appointment when you want, as long as it is done before the AOS appointment). I am not sure on the regulations in Atlanta. I would be grateful for info regarding Atlanta or advice on where I can get this info.

Many thanks.

PS

I did not have a medical before entering the US since my visa is a non immigrant visa (H1B)