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Removing of conditional green card

New York, NY |

Hey, i m married and received a conditional green card so i would like to know if filing the taxes separately with my spouse will affect the removing of the conditional green card and apply for the 10 years.

Attorney Answers 4

Posted

Filing separately will give the appearance that the marriage is not "real." If there are legitimate reasons for this you should be prepared to explain them and also provide additional evidence to prove that your marriage is in fact legitimate one.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Posted

we live together but shes claiming her daughter.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You may be able to adequately explain the reason you are filing separately, particularly if you provide additional supporting documents. It will be up to the Adjudicating Officer to determine whether you have "enough" evidence. Consulting with an attorney before you file would be your best bet.

Posted

I would suggest that you contact and retain qualified immigration counsel. While filing your tax returns separately is not dispositive of the case, it woudl be preferable if you filed the return as "married"...The examiner will take note of all of the evidence you present. If you have a child together, own property together, and or joint car and health insurance this would all mitigate against the tax returns being filed separately. It also matters who writes affidavits in support of your application and how extensively written they are. Contact an immigration attorney who can help you prepare a strong filing. Good luck!

Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com dkny430@aol.com 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

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Posted

we live together but shes claiming her daughter

Debbi Lee Klopman

Debbi Lee Klopman

Posted

I understand the reason you give but as all of us have agreed, your tax return filing status will make the immigration service take a harder look at this case. All of your evidence should be prepared carefully and you absolutely should enlist the service of an attorney. There are many qualified attorneys in our area.

Posted

You really should be filing jointly. Sometimes for various reasons people have to file separately but then you need to do it as married filing separately but be prepared that it will raise a red flag.

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

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Posted

we live together but shes claiming her daughter.

Irene Vaisman

Irene Vaisman

Posted

so what? speak to an accountant and experienced attorney. better to file jointly. if you found my answers helpful kindly mark it so.

Posted

I agree with my colleagues. However, If there are legitimate tax reasons for filing the tax return as married filing separate, then perhaps Immigration may find this to be acceptable. However, certainly as my colleagues have stated this may nonetheless Cause some adjudication issues.

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