Dependent elegibility citizenship and divorce

I

iosonoamore

Registered Users (C)
My spouse filed for me as dependent, he was the principal, he got his gc (eb3) on Sept.2007 and mine I got in august 2010. Our files were separated and mine took almost 3 years after his.

We separated and got divorce. The divorce was final on 2011. (may)

He refused to give me any of the tax records for years 2007, I only have 2008. My concern is when my time to file citizenship comes if they ask me for his employment with the sponsor I have no proof as he retained w2 and there were no physical pay stubs for him , everything was electronically.

I have no way to request a copy of his w2's for that year, IRS said they can not give them to me because he is not my husband legally anymore.

Please help.
 
There is no need to worry. For your citizenship process they definitely won't expect you to prove that he was employed anywhere. If they ask about his employment, just tell the truth about what you know, and if they need more evidence they can do their own investigation.

They're probably not going to ask for your tax records anyway unless you've had tax issues before like overdue returns or unpaid taxes or extensive travel abroad. But if you want tax records anyway, you can get IRS tax transcripts (including the years you filed jointly) by visiting an IRS office, or by phone/mail: http://www.irs.gov/individuals/article/0,,id=110571,00.html. With tax transcripts you won't need his W2.

They surely won't ask about your 2007 or 2008 taxes, because you got your green card in 2010.

I hope you're aware that you're not eligible to apply for US citizenship until 2015 (or possibly 2014 if you got married to a US citizen in 2011).
 
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Thanks. Tax transcript does not include w2 info unless you file paper return. But I will get the transcripts. Thanks in any case, I am more peaceful now. :) I know I will be elegible in 2015
 
Another question I have, we separated before my AOS but did not get divorce until after ...

He got his gc around 2007 and we separated in 2009 (his idea). We went to counseling but I found out he was seeing people out of our relationship. I got my gc in 2010 (when I still believed we were going to get back together). I filed for divorce on 2011. He agreed for the divorce in 2011. We were together since 2003. (married in 2006) Does it affect citizenship.
 
Another question I have, we separated before my AOS but did not get divorce until after ...

He got his gc around 2007 and we separated in 2009 (his idea). We went to counseling but I found out he was seeing people out of our relationship. I got my gc in 2010 (when I still believed we were going to get back together). I filed for divorce on 2011. He agreed for the divorce in 2011. We lived together since 2003. (married in 2006) Does it affect citizenship.

Our relationship started in 2003 and ended in 2011. So it was a bona fide marriage.
 
You have nothing to worry about. When you got the GC you were still legally married and had not yet filed for divorce, and you were married 4 years. So you are fully entitled to that GC and USCIS cannot take it away because of your divorce.

Just remember to bring the divorce decree to the interview, because the interviewer will probably ask for it (so they can put a copy in your file, and check that you divorced after your GC was approved).
 
Thanks jackolatern, the marriage lasted (legally) 5 years to the date. We lived together for 1 and 1/2 years before marrying so all together were like 7 years

I appreciate your willingness to answer my questions, thanks.
 
Immigrant husband scammed me out of everything

I Married an Immigrant January 2011. From the beginning he treated me like crap. Abuse, Neglect, Cheating and Destroying my house and my credit as well. Out of embarrassment I stayed. In July I called ICE agents to inform them on what was going on. However, i got scared never leaving a name. LaTer in July we went to Immigration for our meeting and he was granted his green card and residency papers by August 2011. He then moved my family and I into a house of his relatives and the abuse escalated. I called ICE again due to the abuse and being scared for my life. They never came out. By March 2012 the abuse escalated so bad i left home filed for divorce but never got the papers process due to no money. he threatened me to come home or he would file and i told him to go ahead he did. we are now homeless and have lost everything that i have worked so hard for. the divorce hearing is coming up soon and my question is. will they deport this hideous bastard? I feel scared for my life and he continues to hunt my family. I suspect that he has used some of our confidential information and sent it overseas. What is my next step. how can i get justice!
 
Don't call ICE for abuse, call the regular police with 911. Then get a copy of the police report and send it to ICE and USCIS, along with enough documentation to properly identify him and his green card (in particular, a copy of his green card or the A-number on his green card).

And you should not have attended the green card interview. If you skipped the interview, that would have stopped him from getting the green card.

In order to extend his green card, he will need to file to remove conditions in 2013. Don't cooperate with him on that.
 
JackOlatern I was wondering if you can help.

My exhusband is about to file for citizenship. I am helping him. He does not know if the divorce decree MUST be included with the application (he did not remarry or have any children, with me or anyone).

Our main concern is that on the divorce decree our separation date is listed on the second page of the divorce decree. He does not know how this can affect my GC as I am only 3 years into in and not 5. We are afraid than when they review his case they scrutinize mine as well.

Can you please help us? We would get an attorney but money is tight (he got recently laid off) and he really wants to become a USC.

Thanks!
 
iosonoamore said:
JackOlatern I was wondering if you can help.

My exhusband is about to file for citizenship. I am helping him. He does not know if the divorce decree MUST be included with the application (he did not remarry or have any children, with me or anyone).
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It's not mandatory to send it with the application. Even if he included a copy with the application, they would still ask for the original at the interview. So he shouldn't bother sending it with the application, but it must be brought to the interview.

Our main concern is that on the divorce decree our separation date is listed on the second page of the divorce decree. He does not know how this can affect my GC as I am only 3 years into in and not 5. We are afraid than when they review his case they scrutinize mine as well.
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What is the background of your situation? How did you obtain your green card, was it as a derivative to his employment-based green card? Or did he file a marriage-based petition on your behalf, after getting his own GC?

How long were you married to him before getting separated? How long were you married to him when you got your GC?
 
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Jackolantern said:
It's not mandatory to send it with the application. Even if he included a copy with the application, they would still ask for the original at the interview. So he shouldn't bother sending it with the application, but it must be brought to the interview.


What is the background of your situation? How did you obtain your green card, was it as a derivative to his employment-based green card? Or did he file a marriage-based petition on your behalf, after getting his own GC?

How long were you married to him before getting separated? How long were you married to him when you got your GC?
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I am his derivative from his employment base green card.

We were married for almost 3 years when separated. (2 years and 10.5 months). We also lived together for 1.5 years before married.

We were married for over 4 years when I got my gc (4 years and 5 months)

We were married for exactly 5 years and 1 day when divorced.
 
So it looks like your worry is that you were separated at the time of your GC approval.

Legal separation doesn't automatically make you ineligible for a derivative GC, but there may be some ifs and buts involved. This link describes a case where an EB derivative was initially denied because of a legal separation, but the denial was challenged and the GC was granted.
http://www.murthy.com/2009/09/25/murthy-law-firm-obtains-i-485-for-spouse-legally-separated/

They rarely scrutinize the marriages of employment-based applicants (other than checking the basic fact that you were married at the relevant time), and it's very unlikely that they would care about your legal separation date and try to revoke your GC. If your divorce was finalized before your GC approval, that would have automatically made you ineligible, but that is not the case here.
 
Jackolantern said:
So it looks like your worry is that you were separated at the time of your GC approval.

Legal separation doesn't automatically make you ineligible for a derivative GC, but there may be some ifs and buts involved. This link describes a case where an EB derivative was initially denied because of a legal separation, but the denial was challenged and the GC was granted.
http://www.murthy.com/2009/09/25/murthy-law-firm-obtains-i-485-for-spouse-legally-separated/

They rarely scrutinize the marriages of employment-based applicants (other than checking the basic fact that you were married at the relevant time), and it's very unlikely that they would care about your legal separation date and try to revoke your GC. If your divorce was finalized before your GC approval, that would have automatically made you ineligible, but that is not the case here.
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Correct. We lived in Virginia at the time , and there is not legal separation here as far as I know. You are either married or divorced.

The only one that is applying for USC is my former spouse, I am not. So my question would be if when reviewing his case mine is reviewed too. Because our files were not together , they were separated. His took 3 months to be approved, mine 3 years. I am not Eligible for usc,yet.

In any case, he is applying for it today. Thanks so much for the answers. I will keep the board posted.
 
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iosonoamore said:
So my question would be if when reviewing his case mine is reviewed too.
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It's possible, but extremely unlikely. The only situations I've heard or read about where they check another family member's file are where the applicant was a derivative beneficiary at the GC stage. In such cases, if there was something wrong with the primary's GC, it may mean that the derivative's GC should not have been granted, so there is some logic in checking the primary's file.

But yours is the reverse. He was the primary, and he's the one applying for naturalization, not you, so there's no reason for them to go fishing around for issues in your file. Your GC eligibility (or lack thereof) as a derivative wouldn't affect his eligibility for the GC or naturalization.
 
His case is pretty straight forward, although he did mention something

He worked for sponsor since 2002. Comes September 2006 sponsor had fewer projects and one of his clients offered my ex a position. Sponsor was ok with it but warned him to join client on a temp. basis only or GC process will be terminated.
Ex husband joined client only for 9 months to finish project. Once project was done he rejoined sponsor (around that time we both filed i-485 as i-140 was already approved). He stayed with sponsor from filing of i-485 until green card and then got laid off 4 months after GC.

He then went to join clients directly working in the same field. He has had GC for 6.5 years. He always had same title and similar tasks. To be honest, that is all he was trained so far to do as far as work is concerned.

Sponsor is now out of business. We dont know if that is any problem. He couldnt afford another attorney (he wanted 1000 to fill forms) so he went to non-profit association. They only charged him 100 to fill and he placed the package in the mail today.

Other than that no arrests, no children, no second marriages for neither of us. Thanks in advance for all your help. I will be in touch with him to share his experience, he has since moved and his new office is Baltimore, MD.
 
iosonoamore said:
His case is pretty straight forward, although he did mention something

He worked for sponsor since 2002. Comes September 2006 sponsor had fewer projects and one of his clients offered my ex a position. Sponsor was ok with it but warned him to join client on a temp. basis only or GC process will be terminated.
Ex husband joined client only for 9 months to finish project. Once project was done he rejoined sponsor (around that time we both filed i-485 as i-140 was already approved). He stayed with sponsor from filing of i-485 until green card and then got laid off 4 months after GC.

He then went to join clients directly working in the same field. He has had GC for 6.5 years. He always had same title and similar tasks. To be honest, that is all he was trained so far to do as far as work is concerned.

Sponsor is now out of business. We dont know if that is any problem. He couldnt afford another attorney (he wanted 1000 to fill forms) so he went to non-profit association. They only charged him 100 to fill and he placed the package in the mail today.

Other than that no arrests, no children, no second marriages for neither of us. Thanks in advance for all your help. I will be in touch with him to share his experience, he has since moved and his new office is Baltimore, MD.
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Please some can comment on his situation, thanks!

Also, when my ex sent the package he was unemployed and so he wrote on the application (he had the same title/field since gc, same as the LC), for the last 6.5 years

Now he has been offered another job, with a different tittle! he is very stressed , can he take the position. My ex is an engineer, his LC tittle was engineer drafter and this title is engineering specialist.

He needs the job desperately but he doesn't want to affect the US Citizenship application. What to do?
 
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