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Posted

Hi everyone,

I needed your help in understanding my situation, I have gone through a tough divorce with my ex wife. The divorce was file stamped into the system on June 26th 2016, she had filed on April 24th 2016. The divorce decree was pretty simple, we both decided to do a settlement and exchanged some wedding gifts, i didn't go after her assets or anything she made as i wanted to heal and move on in my life. I wanted to fully understand my situation. I will put down the dates of my relationship with her so you can better understand

Met eachother in october 2012

Started dating in august 2013

moved in together Jan 2014

Engaged in Feb 2014

Married on aug 29 2014

Applied for change of status and filed petition on Dec 19 2014 ( i was on valid H-1 B)

Received temporary green card nov 12 2015- it took long because i went through a long security check

Separated April 12 2016

She files for divorce april 26

Divorce finalized with decree on June 26th 2016

We both had met each other in Ny, and the relationship had always been tough after we moved in together in early 2014 but we both loved each other a lot and tried to make it work. Things got really bad after we married as my financial condition worsened as i suddenly lost my job. She wanted to move to Austin texas where all her immediate and distant family was and i reluctantly agreed to do so. After i got there we were forced to live at her fathers house as she demanded that i pay for the rent to a new apartment even though she made 6 figure yearly income. I was unemployed for first 4 months as i had not recieved my work permit, anyways things got really bad as we had personality clashes and her joint family was meddling in our affairs and it was tough living with 6 other people in a house although the house was big n comfortable. I wanted to move back to NY where all my friends were but she didn't want to do that. In feb of 2016 i went back to visit my family as i hadnt seen them since they came for my wedding, i spent some time thinking of the relationship and i decided to land back in NY as i had a couple of offers lined up to restart my career through some old college friends. She came to nY FOR work in early april and we stayed together all be in on an air bnb for 10 days and we had a good time but once she went back to austin she exploded on me and things got out of hands and she ended up filing for a divorce late april. Anyways i was still deeply in love with her, i borrowed more money and decided to move to austin and i really tried hard to reconcile with her, lived close to her and even went to a couple of therapy sessions but she just wouldnt yield and kept on being rude and just dismissive of my attempts to reconcile with her. Her family refused to talk to me and didnt respond to my messages or phone calls. She would come visit me everyday spend the day with me have sex cook eat and live like a wife but leave at night, we would go for movies and dinners do all the things a normal couple would do but in early june when i was getting tired of just trying and not getting through i pressed her to take out the filing and start living together. Anyways things escalated and she completely shut me out and lawyered up with one of the best lawyers in ausitn texas. I was heart broken by how abruptly she ended things literally, pretty shattered actually for the last 3 months, that a human who could be in ur bed 48 hours ago could just end things on a snap of a finger. I have decided to move on and since moved back to NY where ive improved my financial standing again and gotten back into my social circle slowly but its still a long distance to go. My question to you guys is since the last couple of weeks some tax issues have come up from 2014 and she has emailed me and threatned me numerous time that shell write to USCIS saying our marriage was a farce or scam if i dont pay the taxes owed which actually stem from her breaking her 401 k in 2014 and not reporting to IRS that amount, also in our decree it clearly states that the person who mis reports will be liable for the penalities and taxed owed for that mis reporting. Does she have any legs to stand on?

also, i have the following documents from my marriage, if you can tell me if they are enough ( i know nothing is definitive but would like a rough estimate) and also when can i apply for my permanent Green card. Some people have said i can do it now or i can wait till 3 months before my temporary expires which would be on nov 12 2017.

Docs from my marriage

Divorce Decree- its pretty clean, we did a decent settlement agreement

Joint Car insurance

Joint Bank account not a lot of activity is in here as she kept her salary in her account and i was unemployed for a large part of 2015.

Joint Health insurance

Joint Tax returns for 2014 and 2015

Some counselling sessions but they were after she filed for divorce

Went on trips to colorado and other cities, i have hotel receipts pics etc

Wedding Pics, we had a 3 days massive event in austin included a cruise

lots of gifts exchanged which she kept to herself

Pretty much the whole relationship saved in whatsapp from the day we met till it ended

I have friends who could write letter for me.

I have no lease agreement as i was living with her family and the lease was under her name the 3 months after we married in NY. will that be a contention?

I know this is long but would appreciate any response to any of the questions.

thanks

Filed: AOS (apr) Country: Cyprus
Timeline
Posted (edited)

Your list is a bit short, check this list in the link to see if you may have more you aren't thinking about:

http://www.visajourney.com/content/751guide (scroll down)

I can't answer your tax question, ask an accountant.

You can file before the 30 days window when divorced.

Edited by Ebunoluwa
Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Posted (edited)

I can help you with the tax question.

You are NOT responsible for her tax problems. Even though you filed joint (but are not divorced), you can request "innocent spouse relief" from the IRS.

Read this, it explains it: https://www.irs.gov/taxtopics/tc205.html

You will need to file this form with the IRS to separate yourself from her tax bill: https://www.irs.gov/pub/irs-pdf/f8857.pdf

DO NOT PAY HER TAX BILL FROM HER OWN DOING.

There is nothing she can do to get you deported, she's using empty threats to get you to pay HER tax bill.

Edited by Eric-Pris
 
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