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rfe for ROC

Joint account.

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#1 nicely

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Posted 14 August 2013 - 10:32 PM

Hi guys
I need help for my friend. They were married in the philippines so when she got here, she received the 2 yrs GC for short period of time i guess, and now it is time to remove her condition. She got an RFe after 4 mos. of submitting. More evidence for joint acct. and income tax, and notarized friend affidavit. But she submitted the joint car insurance and joint utility bills already at first.

Questions:
1. They have no joint acct. his husband doesnt want to joint her on any bank acct. or mortage and that is final decision (dont ask me coz dont know why lol). So what she did is she joint his husband to her bank acct. instead, and her bank acct. has no many money contents in it, is it alright?
2. His husband has no job ever since he petitioned her, he used to be self-employed before but his business went down. So his husband used a co-sponsor (not sure what is that called), who is his parents when he petitioned her from the philippines. So now they have been ask for income tax for the ROC rfe, do they do same co-sponsor for income tax return, which is his parents right? His parents is rich and he or they are receiving support from his parents.
3. My friend is just started working this year so she wont get the tax return till next year 2014. So it wont help them for joint income tax.
4. His husband asked advice from his personal lawyer (not from immigration lawyer) about this joining acct. and his lawyer strongly said no, you cant do that. so he was advised by the lawyer to remove his name as a petitioner by calling the immigration without telling his wife coz he was told that his wife can remove her condition or apply it by herself (they are still married). Now i think he just called the immigration customer services or maybe he just asking question about it, because he was told from the immigration, that it is too late to remove his name because theyre already close or they gone so far already about the process, so the application wasnt withdraw i guess . Would it be creating problem or issue in the future?. I ask my friend to call the immigration to make sure that it is still on the process or the status still active without mentioning that her husband just called them to remove his name as a petitioner. And it is still active or still on the process.

5. If they get divorce, can she apply by herself right thru divorce right? But the problem is, her 2 yrs. GC is already expired. Does she still have a chance? Just in case they will end up to the divorce while everything is on the process.

Please give advice regarding the joint acct. and the income tax return. The friend affidavit she got it already.... Thanks ahead woofers. God bless.

Nicely

Edited by nicely, 14 August 2013 - 10:36 PM.


#2 rbacon

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Posted 14 August 2013 - 11:49 PM

Hi guys
I need help for my friend. They were married in the philippines so when she got here, she received the 2 yrs GC for short period of time i guess, and now it is time to remove her condition. She got an RFe after 4 mos. of submitting. More evidence for joint acct. and income tax, and notarized friend affidavit. But she submitted the joint car insurance and joint utility bills already at first.

Questions:
1. They have no joint acct. his husband doesnt want to joint her on any bank acct. or mortage and that is final decision (dont ask me coz dont know why lol). So what she did is she joint his husband to her bank acct. instead, and her bank acct. has no many money contents in it, is it alright?
2. His husband has no job ever since he petitioned her, he used to be self-employed before but his business went down. So his husband used a co-sponsor (not sure what is that called), who is his parents when he petitioned her from the philippines. So now they have been ask for income tax for the ROC rfe, do they do same co-sponsor for income tax return, which is his parents right? His parents is rich and he or they are receiving support from his parents.
3. My friend is just started working this year so she wont get the tax return till next year 2014. So it wont help them for joint income tax.
4. His husband asked advice from his personal lawyer (not from immigration lawyer) about this joining acct. and his lawyer strongly said no, you cant do that. so he was advised by the lawyer to remove his name as a petitioner by calling the immigration without telling his wife coz he was told that his wife can remove her condition or apply it by herself (they are still married). Now i think he just called the immigration customer services or maybe he just asking question about it, because he was told from the immigration, that it is too late to remove his name because theyre already close or they gone so far already about the process, so the application wasnt withdraw i guess . Would it be creating problem or issue in the future?. I ask my friend to call the immigration to make sure that it is still on the process or the status still active without mentioning that her husband just called them to remove his name as a petitioner. And it is still active or still on the process.

5. If they get divorce, can she apply by herself right thru divorce right? But the problem is, her 2 yrs. GC is already expired. Does she still have a chance? Just in case they will end up to the divorce while everything is on the process.

Please give advice regarding the joint acct. and the income tax return. The friend affidavit she got it already.... Thanks ahead woofers. God bless.

Nicely

Nicely,

 

Your friend has already gotten her current procedure (I-751) garbled by seeking a way for her husband to be removed from her sponsorship.  Putting this depth of information on a public forum can have unfavorable consequences.  I'll talk to your friend, no strings attached, attempt to get the real story and deadlines, and advise her of options.  If she needs assistance, I can make that available, but my offer to discuss this with her, privately, is a courtesy only.

 

Email me directly at:  raybacon1@gmail.com

 

--Ray B



#3 nicely

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Posted 15 August 2013 - 06:38 AM

Sorry about that, ive never mentioned name, just sharing few of the stories that is related to my questions. Just trying to help and gather some idea that i could share to my friend...Been reading here and share her some of the ideas that i have known, i am making sure that i did it right. I will ask you privately mr ray..

Thanks

#4 MrkGrismer

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Posted 15 August 2013 - 12:48 PM

Income is not the concern for removal of conditions, so if everything the friend is doing is based on income concerns they are wasting their effort. Removal of conditions is about showing a bonafide marriage or at least that the marriage was not entered into just for a green card. If they are happily married proving a bona fide marriage should be no problem, as married couples naturally collect tons of evidence. It is mostly a matter of if the evidence was retained. Basically pictures of the couple together, on vacation, at holidays, parties, etc. and copies of correspondence (just the envelopes is fine) addressed to the couple (jointly and separately) is mostly what is needed.

If the marriage did not work out the burden is heavier as the reasons it didn't work out need to also be documented. Also in such a case a lot of the 'bona fide' evidence tends to be from the very beginning of the marriage, wedding photos and such. The affidavits from friends matter a slight bit more in those cases.

Edit: and your friend's husband should fire his lawyer (IMO). Calling to withdraw his name was probably about the worst piece of advice he could have been given.

Edited by MrkGrismer, 15 August 2013 - 12:50 PM.

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http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

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#5 rbacon

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Posted 15 August 2013 - 02:58 PM

Income is not the concern for removal of conditions, so if everything the friend is doing is based on income concerns they are wasting their effort. Removal of conditions is about showing a bonafide marriage or at least that the marriage was not entered into just for a green card. If they are happily married proving a bona fide marriage should be no problem, as married couples naturally collect tons of evidence. It is mostly a matter of if the evidence was retained. Basically pictures of the couple together, on vacation, at holidays, parties, etc. and copies of correspondence (just the envelopes is fine) addressed to the couple (jointly and separately) is mostly what is needed.

If the marriage did not work out the burden is heavier as the reasons it didn't work out need to also be documented. Also in such a case a lot of the 'bona fide' evidence tends to be from the very beginning of the marriage, wedding photos and such. The affidavits from friends matter a slight bit more in those cases.

Edit: and your friend's husband should fire his lawyer (IMO). Calling to withdraw his name was probably about the worst piece of advice he could have been given.

I concur with everything Mark responded to about this problem, especially his comment about the attorney's bad advice.

 

The husband signed the I-751, now wants a "way out" of his marriage, leaving his wife to complete the procedure by herself.

 

You should tell the husband to "man up" and continue what he started when he signed the I-751 for his wife.

 

--Ray B



#6 MrkGrismer

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Posted 21 August 2013 - 12:37 PM

I concur with everything Mark responded to about this problem, especially his comment about the attorney's bad advice.
 
The husband signed the I-751, now wants a "way out" of his marriage, leaving his wife to complete the procedure by herself.
 
You should tell the husband to "man up" and continue what he started when he signed the I-751 for his wife.
 
--Ray B

From the original post I am not sure if their marriage is 'on the rocks' or if the couple is simply so severely misinformed that they think it is a better idea to divorce than go thru the removal of conditions interview together, with him no having an income. I get the feeling it is the later. Usually when there is a post about the marriage going bad there is stuff about how poorly she was treated, this one lacks that. So if the marriage is otherwise fine the couple simply needs to find a better source of information and go forward with the interview.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.





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