My Interview Experience

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Brianlong

Registered Users (C)
Someone enlighten me please from personal and legal service experience.

In September I married to a legally divorced US Citizen single lady for 8 years. She is of my age and has filed I-130 petition in support of my I-485. I came to the USA in 2000 on F-1 student Visa and maintained status until summer 2008 with college degrees earned here. Filed my immigration status change petitions through a seasoned immigration attorney. I have since received a combo I-512 Advance Parole as Employment Authorization and Travel Card after taking finger prints.

Early April 2011 went for interviews with wife and attorney. There an IO asked if i had State Driver license and SS card. I said yes but had left them home but know numbers at heart. Didn’t ask for numbers. Instead he asked for my tax, i told him I was making amendment and could provide when available.

He then examined our joint Bank statement and zeroed on 1 or 2 monthly small amount expenses i make in a 6 hour drive city when i visit my kids from a divorced marriage there. He also wondered why the account had no direct deposits of my wife which she has since fixed while her W-2 now show married. My wife explained i do visit them once every month ends to see the kids and deliver support with her blessing.

He then asked why my wife filed her 2010 tax as single when she is married. My wife accepted it was a genuine oversight on her side which she would amend with IRS asap. All other joint documents such as insurance, phone bills, marriage license, photos, birth certificates were given to him including the home documents she is remaining with last payment on.

We were then separated asked questions in the presence of our attorney who afterwards said we did exceptionally well on interviews with few inconsistencies typical of honest people he said. At the end the IO got my I-94, gave me back the I-512 card and said we will be hearing from him soon. Passport not stamped. What does this mean?

We have since amended our 2010 taxes though mine is from an illegal job but tax consistently paid on. Next week we are set to mail the tax amendment forms to IRS ready to settle anything we may be owing them. Would this be wrong thing to do at this time? If I get a rejection, could I appeal with amended taxes and her pay stubs updated to married status? Would inclusion of my taxes asked for hurt me or what? Your comments will be appreciate.
 
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You definitely should send in the amended tax returns ASAP. That won't hurt; if anything, NOT amending the return would hurt.
 
Jackolanten,
A trillion thanks for your comment. My other question is, wouldn't attaching my tax record from unauthorized employment to a married filing joint amendment burn me up in this predicament? What would be other options considering that I have already been open to the IO that i have both issued SS card and Driver License?
 
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If you entered the US legally, unauthorized employment is forgiven when you adjust status based on marriage to a US citizen. However, unpaid taxes are not forgiven, and the IRS could come after you for the unpaid taxes plus interest and penalties. So it's a good thing that you've been paying taxes all along, and that's why it's also important to file an amended return.

Hopefully they'll approve the green card soon without additional evidence or interviews. Send the amended return to the IRS, but don't send it to USCIS unless they specifically ask for it or you are denied. If they deny the green card, you can include the amended return (preferably a tax transcript from the IRS after they've processed the return) in your evidence for the administrative appeal.
 
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1.Is your first wife a USC or an immigrant?
2. Your seasoned lawyer should have told you that you needed to bring your licence to the interview.
3. Given that your wife basically lied as being single on her taxes - your IO smelled blood and might be wanting to dig a little bit deeper into your back ground. Its NEVER a good thing when USCIS officer catches anyone in a lie. The good news is that you amended your taxes and fixed the error. I hope there is nothing else that you wife applied or filed for and represented herself as being single.
My hope is that your IO will be satisfied with the amended taxes and approve your GC. To be on the safe side, you need to gather more evidence incase you are asked to present more. Good luck
 
Jackolantern,
As always thank you for the expedience in posting views. I entered the US as an F-1 student with I-94 issued at Port of entry. Had maintained status until after my first degree in 2008 though continued attending school until December 2010. From all my unauthorized jobs i have always paid uncle Sam what is due to him without concealment. I have not sent any copy of my amended tax to Immigration until i hear from them. My wife has never concealed any wage on her W-2s too. If anything, she turned in all her IRS transcripts covering 3 years including her. Never taken welfare benefits or indulged in criminal matters. I appreciate your devotion in sustaining these threads with much valued views we the distraught need.
 
Manalive,

Thanks for having you on board. My first wife is a foreign student on active F-1 status but our 2 kids are US citizens by birth. On the marriage license, we actually turned in both our Marriage license and Court issued divorce decrees from our past marriages. She divorce some 8 years ago while mine it’s been close to 2 years now without remarrying until this one. Yes her tax was filled as single not intentionally but as a typical case of oversight derived on the fact that we just married in September 2010 and her 2010 W-2 were all on single woman wage.

Our attorney missed this one because he should have advised us to amend it before the interviews. But we have since amended them as married filing jointly. We stand ready to repay IRS whatever we will be found owing. She has a paid up home and has willingly offered to put me on the property besides being on joint insurance, phone, cable, electricity, water bills and bank accounts. My state issued Drivers license is all carrying the address of our home including all mails i receive every week. Kindly advise more if there are other evidence i need to start preparing in case of a rejection or request for more evidence.

Sincerely.
 
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Financials: Accounts with both names
Credit cards
Checking account with reasonable activity
Saving account with a decent balance in it
Bank CD’s
Retirement accounts.
Stocks/bonds/ etc
Personal/car loans
Tax returns
Property: Big ticket items purchased in both names
Cars: Both names on bill of sale
Both names on titles
Appliances/furniture/lawn mowers/house repairs etc
Insurance:
Health
Cars
House
Supplemental, etc
Housing: lease, mortgage, deed, time shares with both your names
Other:Affidavits – atleast 3 (from reputable people – like a church pastor, family physician, etc
Memberships (like gym, car rental, etc)
Hotel reservations for vacations, weekend getaways, family visits, etc
Air tickets for trips taken together
Medical bills in both names (e.g. dental cleaning for both of you on one bill)
Work forms: Emergency contact person forms listing each other as the first emergency contact person
 
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