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Asked over 1 year ago - Bronx, NY

Can I remove the conditional green card if taxes are filed separately but we still married.

Attorney answers (4)

  1. Irene Vaisman

    Contributor Level 20

    4

    Lawyers agree

    Answered . You can, but filing income taxes separately (single or married filing separately?) raises a red flag. If filing as "single" - it is also fraudulent. I would highly recommend speaking to an experienced immigration attorney in person.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Alice Antonovsky

    Contributor Level 14

    3

    Lawyers agree

    Answered . Theoretically you can, but you must have a good reason why you are doing so. Also, I suggest you include a lot of joint documents which show the bona fides of your marriage. It is your burden to prove that the marriage is real and not for immigration purposes only. I strongly urge you to retain an immigration attorney to assist you in this matter. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more
  3. Nicklaus James Misiti

    Contributor Level 19

    2

    Lawyers agree

    Answered . It may be possible but you are going to have at least one red flag to overcome. It is highly advisable you speak with and retain an immigration attorney without such issues and even more important with such issues. My firm handles such cases in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  4. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleague ... separate tax returns is a red flag.

    You had better submit LOTS of co-mingled asset documents (bank, insurance, credit card, etc.) along with joint lease, or joint property ownership, and LOTS of affidavits.

    Time to meet with an attorney? Ya sure, you betcha.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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