Possible denial and deportation

[Kaykay79 0]

Denial and deportation

[Anitafeliz 1,133]

Why?

[BigDaddy28 228]

So what's your question and what is your situation?

[Boiler 45,901]

Interesting

[Kaykay79 0]

I am a 10-year green card holder.My conditional removal was approved earlier in the year(July)to be precise.Before then i already filed by n400 as I was for it in May based on 3 years marriage to a US citizen.My Interview on the 11/21 in Atl field office is why I'm posting here.

I got called in exactly 1pm and was sworn in.On sittting down the IO asked why my wife tax docs for the recent year wasn't submitted.We filed separately so i only submitted mine.I told him she's out there in the lobby and I can ask to go get it before the interview is over.He went ahead to ask why were we filling separately if we are really married and I explained it's cos she files W2 while I file1099.For some weird reason,he seem really irritated with me and kept digging.He said why does my 2012 To 2014 taxes with my wife has one address and my new 2015 tax has another address.I said cos we move.Then he asked why doesn't the address have a unit number and I said it's a town house we bought.He asked if my wife's name is on the mortgage and I said no.From there on it went down south.He left me at some point to go meet my wife at the lobby and took her license.He found out the address on her license is another house she bought for ab&b (rental) and insisted he's sure we don't stay together.

I remember he said something about why did I file anyway and not wait till 5 years.He said if I waited,he wouldn't have had to dig into my marriage.He threatened deportation and there is no point for me to have civic test and I have the option of leaving.

He left again,came back and print out some papers and have me sign and initialize it.I was preparing to just walk out and then he said are you ok enough for your test and I said yes,passed test and he had me do the writing test too.He went trough my form as was supposed to and I signed.Gave me the n652 and decision can't be reached and will mail you decision.

Now I prepped for the worst,denial,deportation or whatever.My only hope is he still allowed me do the test but isn't that even a far fetched optimism?

what's supposed to be a great holiday is now me having nightmares of Uscis and prolonged issues.Im posting here to know if there is a glimmer of hope and if anyone ever experienced this before

[Kaykay79 0]

Sorry I am new hence the earlier mistake

[N-o-l-a 7,168]

I think you had some problems because your reasoning doesn't make any sense. It is usually beneficial for a married couple to jointly file as it lowers their tax burden. You receiving 1099s for work and her W2s is unrelated to this issue. Many people receive both within the same year.

Your housing situation is also very strange.

However, none of us can know what they are going to do as a result of the interview, you will just have to wait and see. I think you are being a bit alarmist about possible deportation and perhaps it was an empty threat.

Edited November 24, 2016 by N-o-l-a

[Anitafeliz 1,133]

They allowed you to take the test. So i would look at the positive in that.

[Kaykay79 0]

I think you had some problems because your reasoning doesn't make any sense. It is usually beneficial for a married couple to jointly file as it lowers their tax burden. You receiving 1099s for work and her W2s is unrelated to this issue. Many people receive both within the same year.

Your housing situation is also very strange.

However, none of us can know what they are going to do as a result of the interview, you will just have to wait and see. I think you are being a bit alarmist about possible deportation and perhaps it was an empty threat.

I make payment arrangement for my tax while my wife gets refund.It's nothing strange about that.

I am not being alarmist,I remember him saying there could be possible deportation.At some point he looked at my wife's tax filed in 2011 and asked me if I knew her niece that was staying in her house.Of course I know the niece but this was even before I moved into the country.He insisted I should spell her name and I was a bit taken aback.He also asked why wasn't I in my step-son's graduation(I was out of town for business).He SAKS if were really a family,I wouldn't miss the graduation.

It's a lot he said and his hostility was visible but hey...

[EM_Vandaveer 2,408]

They are not going to deport you. Worst case scenario is that your N-400 gets denied and you have to wait two more years to re-apply.

[Penguin_ie 5,995]

They are not going to deport you. Worst case scenario is that your N-400 gets denied and you have to wait two more years to re-apply.

I agree. Based on your approved ROC, and what you describe here, I;d say it is slightly more likely than not that you will be approved, but if denied, you will simply need to wait another 2 years (and pay again).

[Villanelle 4,122]

I make payment arrangement for my tax while my wife gets refund.It's nothing strange about that.

I am not being alarmist,I remember him saying there could be possible deportation.At some point he looked at my wife's tax filed in 2011 and asked me if I knew her niece that was staying in her house.Of course I know the niece but this was even before I moved into the country.He insisted I should spell her name and I was a bit taken aback.He also asked why wasn't I in my step-son's graduation(I was out of town for business).He SAKS if were really a family,I wouldn't miss the graduation.

It's a lot he said and his hostility was visible but hey...

You make payment arrangements on your tax and your wife gets a refund? Yes that is strange in a way... That means you have a tax liability that you can not afford to pay all at once so you spread it out to make it affordable, and your wife gets credits so she has a refund due to her. It means you keep your finances separate. That is perfectly acceptable and they can not tell you how to manage your money in the relationship.

But you have to understand from an objective point of view it can appear that you are struggling financially and your wife is doing much better. Some people do choose to keep their finances separate but its awkward for one partner in a marriage to be struggling while the other is doing fine or is well off. It would cause tension and stress in the relationship.

You also have a weird situation going on with the addresses. You bought a townhome for you and your wife. Its fine that the mortgage is in just your name. Its fine that your wife owns property in just her name that she rents out. But why would your wife go to the DMV and put her address as the rental property? When did she do this? Why did she do this?

I am getting the impression you guys had one address from 2012-2014 like 123 Main st, and then in 2015 you changed yours to the townhome and she changed hers to the rental.

[Kaykay79 0]

You make payment arrangements on your tax and your wife gets a refund? Yes that is strange in a way... That means you have a tax liability that you can not afford to pay all at once so you spread it out to make it affordable, and your wife gets credits so she has a refund due to her. It means you keep your finances separate. That is perfectly acceptable and they can not tell you how to manage your money in the relationship.

But you have to understand from an objective point of view it can appear that you are struggling financially and your wife is doing much better. Some people do choose to keep their finances separate but its awkward for one partner in a marriage to be struggling while the other is doing fine or is well off. It would cause tension and stress in the relationship.

You also have a weird situation going on with the addresses. You bought a townhome for you and your wife. Its fine that the mortgage is in just your name. Its fine that your wife owns property in just her name that she rents out. But why would your wife go to the DMV and put her address as the rental property? When did she do this? Why did she do this?

I am getting the impression you guys had one address from 2012-2014 like 123 Main st, and then in 2015 you changed yours to the townhome and she changed hers to the rental.

Yes you are right regarding the addresses.We were staying in the apartment till February this year when we bought the house.She changed her address to her new house in June this year and till now I still can't get my head around why she did.She gave me an excuse of the address needed to match an account she has to set up for her business but even me told her it makes to sense.

That said,the pressure was so immense from the IO,seems he was having a bad day.There was a correspondence from IRS that indicated I made arrangement to pay every month he insisted this doesn't show you are paying tax.

At this point,I am braced for whatever,not being alarmist at all,just wondering if there is anyone with this peculiar situation.

[randomstairs 309]

The IO didn't like your somewhat confusing answers, got annoyed and wanted you to feel his pain, so to speak. If you pass the tests and some unrelated issue doesn't emerge, you'll get approved. As others said, worst case, you'll have to "suffer" on GC for 2 more years.

Edited November 24, 2016 by randomstairs

[Unlockable 7,315]

Simple solution. Wait 2 more years. Don't sweat about being deported.