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Married but filed as single. Will it affect my ROC

By Credo in Removing Conditions on Residency General Discussion

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Lacosta Enthusiast

Lacosta   40

Posted
Filed: IR-5 Country: Dominican Republic
 Timeline
Posted
7 minutes ago, Credo said:

I am married for over two years and due for ROC by sept. I filed as single with no dependant cos the person that prepared the tax told me cos I don't have dependants.  Will this affect my ROC. 

 

7 minutes ago, Credo said:

I am married for over two years and due for ROC by sept. I filed as single with no dependant cos the person that prepared the tax told me cos I don't have dependants.  Will this affect my ROC. 

yes

TIMELINE

29 December 2015 - married in Dominican Republic

 

USCIS Phase

21 November 2016 - I-130 sent to USCIS Chicago Lockbox 

22 November 2016 I-130 received at Nebraska Service Center

25 November - NOA1 received in the mail

???? - NOA 2 via e-mail, app and USCIS website

????- NOA 2 received in the mail 

????- Case Was Sent to Department of State 

 

NVC Phase

????- Case received by NVC

???? - NVC case number assigned

???? -  DS-261 Completed Online
???? - Welcome e-mail received, AOS fee paid
????- IV fee Invoiced, IV fee paid
????- DS-260 Completed
???? - AOS and IV package sent

--------------------------------------------------------
??? - Scan date

??? - Case Complete

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mindthegap Experienced

mindthegap   2,610

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted

 

 

 

1) get some (ideally all) of your money back from your tax attorney

2) fire your tax attorney

3) get the return amended by someone competent.

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

ditto to all the replies

 

that person has no clue in preparing taxes, plus it makes no sense

 

married is married, you can't lie to the IRS. either you file as married filing jointly or married filing separately, but always married

 

now you will need to pay to amend your taxes, do it now before ROC

 

 

Dashinka Grand Master

Dashinka   25,000

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

I agree with the above comments.  Time to amend your tax returns otherwise it will almost definitely impact the ROC.

 

http://budgeting.thenest.com/can-files-irs-taxes-single-person-am-married-3998.html

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

mcdull Community Regular

mcdull   474

Posted
Filed: Citizen (apr) Country: Hong Kong
 Timeline
Posted
4 hours ago, Credo said:

I am married for over two years and due for ROC by sept. I filed as single with no dependant cos the person that prepared the tax told me cos I don't have dependants.  Will this affect my ROC. 

You know, I think this is a question you shouldn't even ask!

Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

What is with all these so-called tax professionals who know even less than the average person?

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

jolyn69 Enthusiast

jolyn69   28

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

a joint tax transcript is one of the important documents that you need when you file your ROC.i dont know why that person advice you to filed single.I married also without a kid and i filed joint on my tax.

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Yes it is a big deal and you will need to file amended returns.

How did your spouse file?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

charmander Proficient

charmander   692

Posted
Filed: Citizen (apr) Country: Turkey
 Timeline
Posted

Luckily making tax amendments are not that difficult and you have time to fix this issue before your ROC. If you paid any money for his/her services, time to file a complaint with BBB. That person should never be allowed to prepare anyone else's taxes in the future.

 
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