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MrMadCat

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

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Filed: Citizen (apr) Country: Canada
Timeline

~~One post removed and one quoting for Personal attack , person also now thread banned~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Timeline

Hmm. you have a few different issues going on here.

First in regards to the taxes- you got some good advice already. Not only is the IO going to be interested in your taxes for your ROC application, its important for you to figure out what was filed. If it was jointly (if there is money or if there was a refund issued that was not split equally for your divorce) or if it was not joint and there was no taxes filed for you - you need them for your ROC and you need them for the IRS.

So starting with taxes:

You need to go to a walk in tax center. You need to bring a photo ID and proof of your SS #. They will be able to tell you if anything was filed and provide you with a transcript copy of it. It does not matter if you were a joint filer or a single filer on the return. There is no it was her return and you were just on it like a dependent so it belongs to her and she owns it and can give you a copy if she chooses or not chooses. Its both of your return if it was joint. Because if there is money owed on that joint return they are coming after both of you for it.

And technically her submitting a joint return via turbotax is the same thing as printing out a paper return and you both signing it and mailing it in. You both electronically put your names on it and agreed the info was correct and submitted it. Just because you werent there and dont really know what was on it- well thats an issue between you and her to work out. If theres something on it that needs to be corrected or amended you will need to contact a tax preparer or accountant to help you with that. There are forms you can submit to amend it.

So find out where you stand on the taxes. If theres a joint return- good. Use it for your ROC. If theres issues with it that need to be addressed in the divorce- address them. If theres no return for you, you need to file one both for your ROC and because you are required to file one.

Moving on. According to the info you provided you left the country shortly after receiving your GC. Shortly after that divorce proceedings were filed and are going to be finalized very soon and soon after that you will be filing for ROC.

This means you are going to have very limited evidence to submit for ROC. Anytime a marriage ends quickly after the GC is issued like in your situation where divorce proceedings are initiated after the GC is issued it looks very suspicious (which is what John is pointing out). It gives you a very large burden to overcome because the first thing that comes to mind is the marriage must have been for the purpose of obtaining the GC and now that the card was issued the marriage was not needed anymore hence the divorce was filed.

You really need to sit down and gather up and review all the evidence you do have. See what you do have from before the card was issued because you are not going to have too much from after the card was issued since you left quickly afterwards. You are also seemingly not going to be able to get any sort of affidavit or letter of support it seems from your ex stating why the marriage broke up (which sometimes is helpful in these types of situations).

So your best bet is to gather as much evidence you can of the relationship from the start. Proof of the marriage from the start. A little bit of the courtship but not too much. Proof of the wedding and things you wouldve used for an initial AOS interview, and anything and everything you can find that is in the category of ROC.

Most of this is going to be from before the card was issued and there really isnt anything you can do about this. Because of the quality of your evidence you are most likely going to be called in for an interview and not approved through the mail. There its going to come down to the Officers evaluation of you and their belief of your statements of not having entered into the marriage for benefits.

Hopefully they will understand what transpired and the reason for your trip overseas and the emotional breakdown that transpired between you and your spouse. So you need to bring proof of your trip and any paperwork you have in relation to the trip as well as perhaps include it in your ROC packet. But I would be very careful on how you include that in your ROC packet.

Like mentioned there is no reason to mention your personal life or the fact that you are involved with another partner. A simple statement listing the evidence you are including and then a statement about how on X date you traveled from the US to wherever as your mother was sick and dying and remained there for X amount of time along with passport stamps supporting it as proof should be sufficient. Then you could expand on it and simply state the emotional stress proved to be too much on your new marriage and subsequently led to it breaking down- divorce was filed on X date and finalized on Y date and they are attached as well. And just leave it like that.

They can probe you about it in the interview if they want to. You need to keep in mind the more evidence you have the easier it will be. So review the ROC threads and see what you have. Assuming you can gather enough evidence and do well in the interview and you spouse does not have any proof of fraud on your part to submit to USCIS- you should be okay.

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