okay here's the deal....my friend got his 10 yr permanent green card thru marriage..he's been married 4 yrs now...he got his permanent green card 4 months ago...question is ...can he divorce his wife in the next 8 months and would he be able to apply for US citizenship in 5 yrs without any hassle....its not like they are not together ....but its more for tax purposes... they have stepson and considering if they are divorced ..then she can file as head of household with a bigger deduction and he can file as single with normal deduction..anyways his concern is would it effect his chances at citizenship because they want to save some money in taxes....please no stupid answers...an honest and true answer will get 10 points...thank you.
2006-12-05 08:14:56 · 9 answers · asked by Hokaido Yakuza 1 in Politics & Government ➔ Immigration
just to give some background...they have been married 4 yrs but been together for 10 yrs...they are not exactly middle class...but with lawyer fees and immigration fees...and the fact he couldnt work legitimately made it tougher for his wife to manage the finances..they are in debt...but has never asked or taken freebies or welfare from the gov't nor do they intend to....infact it was his wife's idea but she was concerned it may cause him problem when he applied for citizenship....they are good people and do respect the sanctity of marriage...they have finally gotten to a point where he can start working and support his family ...life hasnt been easy for them and figured a few bucks saved would go towards the childs education.........
2006-12-05 08:32:14 · update #1
Well, I do understand the issue of taxes. The middle class working person with a family usually gets screwed there. How about talking to an agency that can answer that. I do not know his nationality, but either his embassy or the Catholic Social Services should have the answer he needs without judging. Good luck!
2006-12-05 09:22:10 · answer #1 · answered by diturtlelady2004 4 · 0⤊ 1⤋
If he has completed his conditional residence period (which can be up to 3 years depending on the CIS system), and been given his permanant card, yes he can petition for himself in the 5 year period.
If he has had a card for 3 years (married for 4 right)...he can petition NOW. because he is married to a US Citizen. So he can file, get naturalized, then divorce her.
Will it cause problems if he divorces now? Maybe...doesn't sound like a legitimate marriage: Meet, marry, gets his card, divorce. Oh, but we are doing it for tax reasons! So you are a tax fraud?
Who is giving you this advice? IRS will still consider you married if you divorce, and yet file from the same place, put each other on insurance, etc. How much $ do you think you (they ) will save?
2006-12-05 21:42:56 · answer #2 · answered by t S 4 · 1⤊ 0⤋
An honest answer... well, here is mine. Totally apart from the immigration/citizenship issue, he married his wife supposedly because he loves her.
If this is the case, to divorce her for tax purposes is riddiculous. Not only does that make it look like he married her just to get into the country, but it is a slap in the face of this woman and her son.
What is more important? Saving a few dollars in taxes, or the sanctity of marriage? I vote for marriage. Just my opinion.
2006-12-05 16:20:47 · answer #3 · answered by Leah 6 · 1⤊ 0⤋
I don't see any way they are going to save to much money on this.
The IRS will see they are living in the same household and take that into account.
With his green card, it could make the INS system suspicious and an investiagtion could get under way.
I wouldn't advise it either way just to save a few bucks.
He might have to turn around and get another imm. lawyer.
Which a imm. lawyer in my book is a waste of money. The paperwork is explained to you when you ask at the imm. office, there is no need to pay someone to fill it out.
2006-12-05 23:48:49 · answer #4 · answered by LC 5 · 0⤊ 0⤋
the first year of your green card is a probationary year. If he gets divorced in the first year, he can be deported. So he has at least 8 months before he can get divorced and stay here.
At least this was the case when my husband got his green card.
2006-12-05 16:17:45 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Why are they trying to cheat the government.Its against the law to form a conspiracy to defraud the IRS
2006-12-05 16:41:55 · answer #6 · answered by Yakuza 7 · 1⤊ 0⤋
Lovely - in the time he's been here, he's figured out how to exploit our tax system to his advantage. Another freeloader - just what we need.
2006-12-05 17:02:04 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Sorry, too long to read.
2006-12-05 16:43:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Crap Crap and more crap!
2006-12-06 11:53:46 · answer #9 · answered by Anonymous · 0⤊ 1⤋