Follow-up questions

[Merlion@ 0]

Hello!

I am getting ready to file to remove conditions. There are 2 things I worry about. 1. My husband and I will file joint taxes for 2007 and 2008. He is self-employed and I was finally able to get my tax transcripts from IRS this week in the mail. Will it matter that we filed late? I know it was a mistake not to do it on time, but will it make it difficult to remove conditions if we file?

2. I moved and did not change my address with Immigration online. Is it okay to do it now? It is way past overdue to fill out the change of address form, but I'll go ahead and do it now. Should my husband also do it if he is a naturalized citizec or not?

Thank you.

[ready4ONE 5,400]

You don't have a timeline so it is difficult to say how much time you have to delay filing for Removal of Conditions.

It needs to be done during the 90 day period before the expiration date of your two year green card. Not a day before, and you would need to find out via the guides how to deal with filing after that point because USCIS considers you to have abandoned the process and begins immediate proceedings asking you to leave the country. I would avoid that like the plague.

If your deadline is approaching too fast I believe you could simply file the I-751 with the new address listed, I personally can't say if that will cause you a problem or not.

I know I was surprised when I added our PO Box on my wife's form in the mailing address portion, and USCIS actually used it to deliver our NOA1. I had the PO Box prior to filing the K-1 but didn't use it for USCIS since they refused to use them throughout the earlier stages in the process. But I think it indicates the ability of USCIS to use the I-751 as a change of address, since in effect that is what they did.

Others may be able to tell you if you don't need to file the change of address prior to sending, or they will change your address with the acceptance of the I-751 and gloss over your earlier neglect to inform them of your physical address change. We never moved, but all prior mailings were sent to this same physical address since I first filed the K-1.

Edited May 30, 2009 by ready4ONE

[Merlion@ 0]

okay, sounds good. thanks. i will look into putting up the timeline. my 2 yrs green card expires early in September. So, early June is the earliest I can file. I'm aware of the requirement to file within 3 months of the expiration, or 1 year and 9 months after I got the GC.

[together2love 0]

You can go ahead and change your address online now. Use this link: https://egov.uscis.gov/crisgwi/go?action=coa

You can also submit the AR-11 form by snail mail. http://www.uscis.gov/files/form/ar-11.pdf is the AR-11 form to fill in.

People have forgotten to update their address and have changed it online as well as the paper form right before they sent away their ROC package and they were fine. Just as long as you have filed it at some point is the important thing.

You really should change your address with USCIS prior to filing to remove conditions though - this is important so make sure you do it.

Good luck with everything.

Edited May 30, 2009 by together2love

[Merlion@ 0]

Thank you!

Does anyone happen to know if there will be any problems if we file joint taxes now? My husband is self-employed and my job never sent me my W2, so I had to requested from IRS..same for 2007. Will it be a problem if we file joint returns now for 2007 and 2008?

[Immigrant2009 0]

Thank you!

Does anyone happen to know if there will be any problems if we file joint taxes now? My husband is self-employed and my job never sent me my W2, so I had to requested from IRS..same for 2007. Will it be a problem if we file joint returns now for 2007 and 2008?

I don't think filing jointly might be a problem for you now, I think it would rather be a good thing, as more joint things together indicates a good marriage in the eyes of USCIS.