Conditional 2 year green card and divorce soon. Need advice!

[MrMadCat 18]

A while ago I posted how less than a month after receiving my greencard my mother in my home country became sick and had a few days left to live, so I went back on the same day finding out this information. I saw her 2 days before she passed. It was extremely traumatic but my wife wasn't giving me the emotional support that I needed and she admitted herself she couldn't handle it. I broke up with her back in my home country while she was obviously still in the states and stayed home to wrap up my mothers funeral and take care of my sister until I could return back to US. I did return 4 months later and in this time, my wife and I were already wanting a divorce. Well I met another girl and fell in love, as did my soon to be ex wife meet another man (I don't know WHO he is she refused to tell me but I have an idea it was a guy she was talking to a lot). I guess it doesn't matter because I just believe we should go our separate ways. We found someone else and that is that. I wanted to come home to the states earlier but my wife kept telling me not to come back and take care of my family for a while so yeah, I did as I said before.

Long story short I have the final documents to sign for the divorce decree today from her and well I understand I have to file for RoC straight after I get the decree. It doesn't expire til Nov 2014 but still I must do it asap, correct?

Second is, well, the complicated situation of financial mingling. You see, since early Jan 2013, when (few weeks after being back in England) pretty much all our financial bits and pieces were non existent after that. So it's been 9 months of building my life elsewhere, 5 of which has been back in the states and the 4 earlier well I tied up every loose end in England, sold every single thing I had, helped my sister get on her feed and came back to US which I believe is my home now. I'm nervous so I am typing a lot of repetitive stuff, that may be boring or whatever, sorry. Anyhow to get more on point and give a little fact list below.

1. Divorce was filed May 2013 by USC wife.

2. Our relationship pretty much ended as a couple Jan 2013, but I wasn't sure where I would go when I moved back into US. As soon as I entered back into US soil, I changed my address with USCIS and found somewhere else to stay.

3. There were no tax returns filed jointly or single, because I had only landed a job early Dec, 2012 on probationary period and lost it within a week due to my rush back home to take care of dying mother.

4. I stopped using our joint bank account after we separated and so did she.

5. In the few months of being back I still haven't been able to find a job, so doubt I will be able to file tax returns this year, but then it won't matter because my divorce decree will be in before then, right?

6. I was listed on her life insurance, health insurance, we do still have a joint bank account but neither of us use it, and well I'm not covered under her health insurance anymore and pretty sure she's taken me off her life insurance. So all this stuff is way prior to our divorce. Should I still show it as evidence of a bonafide marriage even if it is "expired" now. At the time, before separation it wasn't..

7. I got lots of pictures of us at various places during our "time" together.

8. It was a no fault divorce and I am looking for nothing, neither is she. Just to go our separate ways.

What am I missing, what do I need to put together that I could be missing and don't have? I'm really worried that my inability to find a job since I've been back since May will make USCIS look down on me and deny me because I simply don't have an income. My wonderful gf now is helping me financially and I am trying hard to find a job but we live in a small town and it's not so easy.

Should I just tell the whole story? In a letter with form? I also just logged into our joint bank account, and looked at statements last year, and printed the one where I spent money for a plane ticket back to England to support my story, as well as the death of my mother (death certificate). So that is why I have no additional evidence cause I've been out of the country, right, until a few months ago and my marriage is over already. I repeated myself too much, damn.

Any input would be appreciated....

[VanessaTony 3,567]

Yes you show the evidence that your relationship WAS in good faith. So whatever you have from before you went your separate ways is important.

Yes you need to file as soon as the divorce is final.

The whole story I wouldn't tell, I would especially leave out the new person in your life.

Whether you had a job or not you could have filed as married separate (or joint) if your were married as of the last day of any particular year you can file as married for that year (and subsequent years). Would have meant a bigger return, surprised that didn't happen.

Whether you earn enough to file taxes you should file anyway, is the advice given on this forum. So that you fulfill the requirements for N-400 (without a doubt). You can file taxes on turbotax pretty cheaply.

Your reason for being out of the country isn't relevant. They ONLY care that your relationship was bonafide. I would include the correspondence, if you have it, where your wife told you to stay and help out your family. Correspondence while you were over there etc (some of the break-up stuff wouldn't be bad either - depending on what it says of course).

[newacct 688]

Since you are getting divorced now, 2013 taxes will be filed as single. It's 2012 taxes you're worried about. 2012 taxes were due April 15, 2013; didn't you think about it then? Anyway, if you have no income, and you file as married filing separately, then yeah, it should be pretty much 0 all the way through. (Unless you live in a community property state, in which case your spouse's income during marriage before separation will also be half your income for the purposes of taxes, so then taxes will be a little more complicated.)

Edited September 13, 2013 by newacct

[MrMadCat 18]

Hi, sorry if I made it unclear. I was in UK when she was going to file, a day after my mother had died she asked me for my SSN to file jointly over the phone. Said she was going to do it via the web using Turbotax. I was so emotionally wrecked that taxes were more important than the loss of my mother, that I said "If you want my SSN go look through all my immigration documents in the spare room". I didn't even remember it off hand. So, I actually wasn't sure if she filed or not jointly with me online until I looked at IRS website in May when I reentered the country, and did a search, turns out she didn't. I know it was stupid on my part, but what can I do about it now? She kept going on about how she will get more back for doing it yet her timing was unfair. But at that point I still had some trust in her, that I assumed (another mistake on my part) she was going to do it anyway, since that's what she said.. As for her telling me to stay it was done all over Skype voice call, and obviously wasn't recorded. I didn't know you can file taxes single when you have zero income? And to be honest that's why I just left it up to my wife who apparently wanted to do it anyway jointly while I was in UK. So since it was skipped last year.. Suppose I will file this year even if it doesn't affect the RoC.

I guess what I am also trying to ask additionally is, all the evidence that was used to AoS, since the relationship pretty much broke down very quickly after, can be used to prove that it was entered in good faith? Is that still substantial enough? I thought I read somewhere they want to know what happened up until the divorce financially and that leaves me worried since there is nothing after the breakdown and separation in Jan. Kinda stumped what to say/do about those months outside the states.

[MrMadCat 18]

Well the plot thickens. She's just finally told me she filed federal taxes jointly but not state and local. Not sure what to make of this, but... Assuming she did, how do I go about getting it? I tried online and it didn't work, and obviously I don't live at that address anymore. I can't ask her because I know for a fact she won't hand over any transcripts or anything, because she isn't even willing to write an affidavit for me. She gave me a maybe after she gets the decree, which I know means all she wants is to get it and be off the hook. Which is funny since I never had her on the hook, anyway!!! As soon as we separated I asked not a single thing from her, not a cent, even until this final divorce waiver except that. I've been polite and amicable about the whole thing yet she can't even take the time to help me out. To add to it she said she must have my case number and alien number "if" she is going to do an affidavit. Can't help but feel she has bad intentions as soon as the decree comes through.

So what's my next step, do you guys think? Considering I doubt I will get anything from my "ex".

[Tahoma 2,292]

You should be able to order your tax transcript from the IRS. Also, they have a change of address form.

If you go to your local IRS office, you should be able to get your tax transcript while you wait.

[Jamericanlove 31]

If I were you I'd find a non-intimidating way to let your soon-to-be ex know that even after divorce she's not "off the hook" as far as it concerns you. Signing the affidavit of support means that you are technically a ball and chain to her until you either work for 10 years or become a citizen. Therefore it is in her best interest to cooperate with you and help you get what you need so she can really be "off the hook" as fast as possible. Maybe if you reson with her from that point of view she will be more inclined to help you.

And by the way, the person who has their SS# first on a tax transcript in a joint filing is the only one who can access that transript. So you must get it from her if you need it for proof. The fact that she filed it jointly means she should let you have a copy for your records.

[Tahoma 2,292]

And by the way, the person who has their SS# first on a tax transcript in a joint filing is the only one who can access that transript. So you must get it from her if you need it for proof.

^^^. I didn't know that. Thanks for the info.

[Jamericanlove 31]

^^^. I didn't know that. Thanks for the info.

You're welcome...and to add an addendum, I know this to be true for requesting transcripts online. Not sure if the secondary party could get it going into a tax office.

[MrMadCat 18]

Thanks so that would explain why when I entered my SSN nothing came up at all. My friend suggested I go down to the tax office and request it there. I would think if I was used in a joint filing I have certain rights to see something that technically I would be responsible for too. Btw is something a little odd about her filing joint federal and not for state and local? I thought you had to file as joint on all, or not at all. Or am I mistaken?

[MrMadCat 18]

She is restricting me access to it saying until she gets the divorce decree, she won't do anything. Kinda ridiculous. So after that I reminded her that they were filed without my knowledge so restricting me access to them is even more questionable, which is true, I had no idea until recently, wasn't even in the country when it was done. I just don't want to be baited into this game playing with her.

[VanessaTony 3,567]

She is restricting me access to it saying until she gets the divorce decree, she won't do anything. Kinda ridiculous. So after that I reminded her that they were filed without my knowledge so restricting me access to them is even more questionable, which is true, I had no idea until recently, wasn't even in the country when it was done. I just don't want to be baited into this game playing with her.

The most likely reason she's doing that is because she a) has a large tax bill and if you haven't included it in the divorce stuff you could still be liable or b) she got a large return and didn't give you any and thinks that once you see how much it was you realise you got screwed in the divorce. B is the most likely scenario.

Call or go to the IRS and ask for a copy of the transcript. If you call It can be faxed, or if you go in person it can be printed immediately. Her failing to help here is suspicious to me.

**Edit - or c) she committed tax fraud and is worried about you finding out. If she filed using turbotax she may have fudged the numbers to get a bigger return.

Honestly I suggest you get a copy ASAP and find out if she did something bad. Then I would see a tax professional to get it fixed/file separate to separate yourself from it. If she did something bad I would keep evidence of being out of the country at the time she filed so you can show any auditors that (and keep it for the statutory 7 years).

Edited September 13, 2013 by VanessaTony

[MrMadCat 18]

The most likely reason she's doing that is because she a) has a large tax bill and if you haven't included it in the divorce stuff you could still be liable or b) she got a large return and didn't give you any and thinks that once you see how much it was you realise you got screwed in the divorce. B is the most likely scenario.

Call or go to the IRS and ask for a copy of the transcript. If you call It can be faxed, or if you go in person it can be printed immediately. Her failing to help here is suspicious to me.

**Edit - or c) she committed tax fraud and is worried about you finding out. If she filed using turbotax she may have fudged the numbers to get a bigger return.

Honestly I suggest you get a copy ASAP and find out if she did something bad. Then I would see a tax professional to get it fixed/file separate to separate yourself from it. If she did something bad I would keep evidence of being out of the country at the time she filed so you can show any auditors that (and keep it for the statutory 7 years).

I think the big issue here is that, since our marriage was pretty much over whilst I was back in my home country wrapping up my mothers funeral and stuff, she expected me to stay there and not come back to the US, and now it's biting her in the butt because she never expected me to even want access to that transcript because in her head, I wasn't supposed to come back. Well I did, I came home... now she's worried her bad behavior might be exposed. Think that might be it...

Either way,

I'm definitely going to the IRS and try to get a copy on Wed next week. I have her SSN and name, mine too. Hopefully that should be enough.

Edited September 14, 2013 by MrMadCat

[john gibbs 17]

A while ago I posted how less than a month after receiving my greencard my mother in my home country became sick and had a few days left to live, so I went back on the same day finding out this information. I saw her 2 days before she passed. It was extremely traumatic but my wife wasn't giving me the emotional support that I needed and she admitted herself she couldn't handle it. I broke up with her back in my home country while she was obviously still in the states and stayed home to wrap up my mothers funeral and take care of my sister until I could return back to US. I did return 4 months later and in this time, my wife and I were already wanting a divorce. Well I met another girl and fell in love, as did my soon to be ex wife meet another man (I don't know WHO he is she refused to tell me but I have an idea it was a guy she was talking to a lot). I guess it doesn't matter because I just believe we should go our separate ways. We found someone else and that is that. I wanted to come home to the states earlier but my wife kept telling me not to come back and take care of my family for a while so yeah, I did as I said before.

Long story short I have the final documents to sign for the divorce decree today from her and well I understand I have to file for RoC straight after I get the decree. It doesn't expire til Nov 2014 but still I must do it asap, correct?

Second is, well, the complicated situation of financial mingling. You see, since early Jan 2013, when (few weeks after being back in England) pretty much all our financial bits and pieces were non existent after that. So it's been 9 months of building my life elsewhere, 5 of which has been back in the states and the 4 earlier well I tied up every loose end in England, sold every single thing I had, helped my sister get on her feed and came back to US which I believe is my home now. I'm nervous so I am typing a lot of repetitive stuff, that may be boring or whatever, sorry. Anyhow to get more on point and give a little fact list below.

1. Divorce was filed May 2013 by USC wife.

2. Our relationship pretty much ended as a couple Jan 2013, but I wasn't sure where I would go when I moved back into US. As soon as I entered back into US soil, I changed my address with USCIS and found somewhere else to stay.

3. There were no tax returns filed jointly or single, because I had only landed a job early Dec, 2012 on probationary period and lost it within a week due to my rush back home to take care of dying mother.

4. I stopped using our joint bank account after we separated and so did she.

5. In the few months of being back I still haven't been able to find a job, so doubt I will be able to file tax returns this year, but then it won't matter because my divorce decree will be in before then, right?

6. I was listed on her life insurance, health insurance, we do still have a joint bank account but neither of us use it, and well I'm not covered under her health insurance anymore and pretty sure she's taken me off her life insurance. So all this stuff is way prior to our divorce. Should I still show it as evidence of a bonafide marriage even if it is "expired" now. At the time, before separation it wasn't..

7. I got lots of pictures of us at various places during our "time" together.

8. It was a no fault divorce and I am looking for nothing, neither is she. Just to go our separate ways.

What am I missing, what do I need to put together that I could be missing and don't have? I'm really worried that my inability to find a job since I've been back since May will make USCIS look down on me and deny me because I simply don't have an income. My wonderful gf now is helping me financially and I am trying hard to find a job but we live in a small town and it's not so easy.

Should I just tell the whole story? In a letter with form? I also just logged into our joint bank account, and looked at statements last year, and printed the one where I spent money for a plane ticket back to England to support my story, as well as the death of my mother (death certificate). So that is why I have no additional evidence cause I've been out of the country, right, until a few months ago and my marriage is over already. I repeated myself too much, damn.

Any input would be appreciated....

Not looking for nothing? Except a green card you mean.

Sounds like you basicly used this person to get a visa and then immediately wanted out of the marriage.

I suspect immigration will view it the same way.

[MrMadCat 18]

Not looking for nothing? Except a green card you mean.

Sounds like you basicly used this person to get a visa and then immediately wanted out of the marriage.

I suspect immigration will view it the same way.

I hardly used my wife to get a greencard. Ever had a parent die and your significant other is out partying and emotionally cheating on you while you visit your dying relative in your home country? Wasn't interested with working on a marriage with someone like that. As for wanting nothing, no I don't want a cent. We separated, the marriage is over, and all I want (and her too) is for both of us to move on. I don't think at all like it sounds like I used her for immigration purposes. It's not like I gave up such a hard life in England to begin with or needed to get away. I had (and I do mean had) a good life until I threw it all away out of love. I lived with my wife every single day, we went out, we volunteered at an animal shelter every week, we did A LOT together. It just did not work out due to being completely incompatible in the end. Thanks for your message though, even if it was a little too opinionated.

As for..

8. It was a no fault divorce and I am looking for nothing, neither is she. Just to go our separate ways

and your response

Not looking for nothing? Except a green card you mean.

I already have a green card... I'm looking for RoC. She also filed the divorce, a no-fault one at that. Don't see the issue here with us both wanting to move on, and then throwing the idea that I used her for a green card based on this?

Edited September 14, 2013 by MrMadCat