For immigrants arriving to the United States, the American tax system can be a very new and confusing concept. In fact, the U.S. tax system is so complex that most natural-born Americans have difficulty filing each year. As a general rule, U.S. tax law applies to you if you live in the United States or spend a significant amount of time here.
In the United States everyone with income above certain levels is expected to file a tax return. That’s not true in all countries around the world. In many countries, the government withholds taxes from paychecks, and the individual never has to directly file an income tax return. The Internal Revenue Service (IRS) is the U.S. agency responsible for collecting taxes.
Whether you are a lawful permanent resident or an undocumented immigrant, it’s important that you get a basic understanding of your tax filing obligations.
When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” U.S. Citizenship and Immigration Services (USCIS) wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit an I-751 affidavit.
These “letters of support” are statements written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading →
Even if you are filing with a waiver for the joint filing requirement (rather than jointly with your spouse), you will need to prove that your marriage was genuine and not created to circumvent immigration laws.
If you or your spouse recently became a conditional permanent resident through marriage, now is the time to begin documenting your life together. Don’t wait until it is time to file Form I-751 to prove you have a good faith marriage.
Foreign spouses who recently married U.S. citizens generally enter the United States as conditional residents. The conditional status lasts for a period of two years. U.S. Citizenship and Immigration Services (USCIS) uses the conditional status like a probation period. Before the end of the conditional period, the couple must file Form I-751, Petition to Remove Conditions on Residence and prove a bona fide marriage. Getting an I-751 approved is essential for the conditional resident to remain in the United States and obtain the permanent 10-year green card. Getting an I-751 denied can result in the foreign spouse being removed from the U.S.
If your Form I-751 is denied, USCIS will send you a letter explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. Continue reading →
Divorce can be a devastating life event. It’s emotionally exhausting, financially costly and can even affect one’s immigration status in the United States. A divorce after green card may introduce new challenges to a permanent resident. But in other cases, it’s not an issue.
Before you file another application or petition with U.S. Citizenship and Immigration Services (USCIS), take the time to understand how your divorce or annulment may affect your situation.
Special rules in U.S. immigration law allow permanent residents applying for citizenship through marriage to become naturalized in just three years. Most permanent residents must live in the United States for a minimum of five years before applying for citizenship. However, the spouse of a U.S. citizen who resides in the United States may be eligible to file Form N-400, Application for Naturalization, on the basis of his or her marriage after just three years.
The Immigration and Naturalization Act (INA Section 319(a)) describes the special provisions for the spouse of a U.S. citizen living in the United States. The spouse must have continuously resided Continue reading →
As the name suggests, permanent resident status is generally constant. It’s granted to people who intend to live in the United States for the foreseeable future. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. However, there are ways to lose permanent resident status. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status.
The article discusses the major ways that one can lose permanent resident status, but it isn’t an exhaustive list. Only a lawful permanent resident who naturalizes as a U.S. citizen is safe from most of these grounds of removal. Continue reading →
Permanent residents use Form I-90, Application to Replace Permanent Resident Card, to apply for the replacement or renewal of an existing Permanent Resident Card (green card). If you’re not familiar with the application, you may have one of many green card renewal questions.
That’s why many permanent residents use CitizenPath to prepare Form I-90. The low-cost, do-it-yourself software was designed by immigration attorneys to make the application easy and help applicants avoid mistakes. Customer support is also available to answer many of your green card renewal questions. Get started for free. Only pay if you’re eligible. Try it now >>
It is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What’s more, the stakes are high. If USCIS isn’t convinced that you have a bona fide marriage, the conditional resident’s status may be in jeopardy.
As a matter of law (INA §216) a couple must appear for a personal interview in order for the conditions on residence to be removed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. Let’s help you avoid the I-751 interview all together.
When filing Form I-751, Petition to Remove Conditions on Residence, a conditional resident and spouse must provide evidence that they have a bona fide marriage. There are numerous documents that can used to establish that you entered a genuine marriage and deserve a 10-year green card.
Even if you are filing with a waiver to the joint filing requirement (due to a terminated marriage), you will need to prove that your marriage was genuine and not created to circumvent immigration laws. Thus, proving a bona fide marriage on an I-751 petition is extremely important to it’s success. Continue reading →