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Posted

then his parents have it, right?

or it was 'nixed' back from the parents' address by USPS ?

His mom always puts our mail aside and give it to us every time we come over to their house. If we had received it before, we would have done something then. I should have not been worrying about this right now. I'm so stressed out. :(

Filed: Country: Vietnam (no flag)
Timeline
Posted

Well clearly I do not know how the processing works. That is why I am here seeking for help and explaining my side but I think you are just too quick to judge. :) I am not maybe "continuing to lie" coz as I have said we both had no idea we are already divorced. There's no way we could have missed it if it was mailed to us coz we used his parents address. We still get our mails there. Anyways Thanks for your sweet input. :) have a great day!

We understand tha you are under a lot of stress. But take your own advice an Dont be so quick to judge. It's often hard to interpret tone in an Internet post.

VanessaTony gave you a lot of helpful information.

I think what VT was saying is that now you know that you are are divorced, you cannot and should not say that you are married.

Once you foun out your mistake, you should not perpetuate it any further. You need to correct your mistake.

You mistaken that you are married. You should no longer say that you are married.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

We understand tha you are under a lot of stress. But take your own advice an Dont be so quick to judge. It's often hard to interpret tone in an Internet post.

VanessaTony gave you a lot of helpful information.

I think what VT was saying is that now you know that you are are divorced, you cannot and should not say that you are married.

Once you foun out your mistake, you should not perpetuate it any further. You need to correct your mistake.

You mistaken that you are married. You should no longer say that you are married.

Exactly what I meant. I also meant that it might bode well for them that they continued to declare they were married on other things but once they found their mistake (and they may be able to get proof from the clerk that their case was accessed that day) they went about trying to rectify it.

One problem i foresee though is that they'd have to admit WHY they looked up the divorce (so they could "refile") and it might not look good that they decided to "refile" the same month she got her 10 year card.

Filed: Citizen (apr) Country: Croatia
Timeline
Posted

One problem i foresee though is that they'd have to admit WHY they looked up the divorce (so they could "refile") and it might not look good that they decided to "refile" the same month she got her 10 year card.

The only reason that would be a problem is if someone thought this was visa fraud. Honestly, if this came to my table, I would think the case is too silly to be an attempt at visa fraud. :D

If the marriage was not bonafide and it was done only for the green card, they would not have filed for divorce before removing conditions. The sheer ignorance and nonchalantness which this matter was handled amazes me and I can only explain it with a bucket of good faith. In the system, in her husband, in Hollywood, you name it. :D

OP; I mean no disrespect. You have created a serious problem for yourself and this needs to be handled quickly by a skilled attorney. Do not file for amending your taxes. Speak to an attorney first and worry about the taxes later, as this is evidence that you truly did live as a married couple. Too bad common law marriages can not be used for immigration, that could have helped you.

Anyways, my point to writing this was... Be honest. You effed up big time. Your only defense at this point could be that you did not know, you did not want to do it and you are trying to fix your mistakes now. If this case ever comes to a judge, those things are extremely important. So if it comes to explaining why you checked the paperwork, tough it up and admit you were gonna refile. If you start lying at any point, people will catch on to it and it will cast doubt on your whole story.

Good faith is a legal term. It is very important to you now. I feel like lying at any point of this would just dig you a deeper hole.

Good luck to you and please let us know how this plays out!

flying.gif 2006 - met online  | 2008 - met IRL  | 2011 - engagement  | 2012 - wedding | 2013 - IR-1 | 2014 - child | 2015 - POE | 2018 - N-400  |  2019 - USC 

Check my About me for the full IR-1 or N-400 timeline.

Filed: Timeline
Posted

Don't underestimate the size of the tax liability that may accrue when they change status retroactively from married/joint to single status - it appears the OP lives in CA and this will impact CA state income taxes as well. They need to do the right thing as everyone else has indicated and presumably the most important thing for the OP is to remain in the US but the size of the tax liability may be material.

So...in addition to getting professional help with the immigration issues probably not a bad idea to obtain professional advice regarding the tax implications.

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

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