File I-751 With Divorce Waiver: Need Advice

[Jasmine22 0]

On 9/1/2020 at 1:57 PM, Ku Mưa said:

You will be good girl. Don't stress too much. Base on your nickname, i guess we are the same nationality, maybe i'm wrong :).

Back to your case. i was the same situation with you, i separated with my ex-wife in 3 month after getting 2-year green card and then we divorce few months later, i don't even have joint tax but have another good evidence. At this time i got approved without RFE or interview. it took me 11 months for getting approval from USCIS.

So good luck girl.

I need your advice in regards to taxes done married but separate. 
 

[Jasmine22 0]

Anyone with experiences in how to property explain you did the taxes married but separately? 

[Nguyenthingoc129 0]

3 hours ago, Jasmine22 said:

Anyone with experiences in how to property explain you did the taxes married but separately? 

Hi,

 

you can start a separate thread on this! It would be better and more viable I think? 

[xxD 7]

6 hours ago, khanhkhanhsmith said:

Sorry,

 

That was my bad. Timeline here:

 

- Married 03/2019

- Filed for 2 years Gc 04/2019

- Received 2 years Gc in 07/2019

 

Now I am planning to field ROC in 04/2021. I plan to file divorce in 10/2020.

As soon as you file ROC you will get 18 months extension that will start 07/21. If you willing to divorce  on 10/2021 there would not be any difference with your goal. Let say you divorce at that time, you need to inform to the USCIS that you divorced. Otherwise that will be more trouble for you. A lot of time, extension on your case. Also, you will be living separate long time, the waiver will have more suspect... If you divorce now, with all the reason that you mentioned, my idea, that would be better for you. You can use those reasons for your own benefit. 

[Nguyenthingoc129 0]

37 minutes ago, babayega said:

As soon as you file ROC you will get 18 months extension that will start 07/21. If you willing to divorce  on 10/2021 there would not be any difference with your goal. Let say you divorce at that time, you need to inform to the USCIS that you divorced. Otherwise that will be more trouble for you. A lot of time, extension on your case. Also, you will be living separate long time, the waiver will have more suspect... If you divorce now, with all the reason that you mentioned, my idea, that would be better for you. You can use those reasons for your own benefit. 

Thank you for your answer. I’m planning to file divorce in October this year and he is very cooperative as well. My worry is that I’m not sure if we should file tax jointly for 2021 (assuming divorce in WA will take at least until February). We only have 1 years of tax right now and I don’t know if having 2 years of tax would help.

 

Do you think my evidence is strong enough? 

[Ku Mưa 29]

18 hours ago, Jasmine22 said:

Anyone with experiences in how to property explain you did the taxes married but separately? 

You can write an explanation letter. I put it in when i wrote explanation of divorce. Tell them why did you do that? That's it

Edited September 3, 2020 by Ku Mưa

[Nguyenthingoc129 0]

1 hour ago, Ku Mưa said:

You can write an explanation letter. I put it in when i wrote explanation of divorce. Tell them why did you do that? That's it

Hi, I’d like to ask one more question and thank you in advance 

 

I’ll file for divorce at the end of October which mean the divorce won’t be final until February in WA. Do you think it would be helpful if we file tax jointly for 2020? We only have 2019 joint tax! 

[Ku Mưa 29]

On 9/3/2020 at 5:33 PM, khanhkhanhsmith said:

Hi, I’d like to ask one more question and thank you in advance 

 

I’ll file for divorce at the end of October which mean the divorce won’t be final until February in WA. Do you think it would be helpful if we file tax jointly for 2020? We only have 2019 joint tax! 

You're on the way to divorce. Does not matter if you'll do taxes separately, or jointly 

Edited September 9, 2020 by Ku Mưa

[randy32 165]

On 9/9/2020 at 8:45 AM, Ku Mưa said:

You're on the way to divorce. Does not matter if you'll do taxes separately, or jointly 

For me, when I file taxes, the plan is to pay as little as possible or get the most back so if you are on good terms with your so to be ex husband, file jointly.

In terms of the divorce I don't think it matters when you start the proceedings. I think what is looked at is the date it is signed by the judge.