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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94763
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, in order to extend and maintain my greed card obtained

Customer Question

Hello, in order to extend and maintain my greed card obtained through marriage, I need to declare taxes with my husband. Must we have a joint tax declaration or we could declare it separately but as married people.

Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


What is the reason that you want to declare married by separate?
Customer: replied 1 year ago.

It's my husband's whim. He has his own views about taxes. I have to get a clear answer about the potential negative and positive effect of us declaring taxes separately but as married people , or us doing a joint declaration.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, just that one thing is not going to cause a denial of your case. The more you have of the following, the less of an impact that filing married but separate will have:

A letter where you describe, in a very detailed fashion, the circumstances in which you met your spouse, the reasons you married, and the feelings and emotions that you have towards your spouse, and why.
If you have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together.
Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names).
An identification card that shows that you use your spouse's last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents that prove your relationship.

So the more you have, the better it is. In the end, you will both have a chance to explain that to the interviewing officer. As long as it is a reasonable reason that doesn't show that maybe the marriage is not real, the officer should have no problem with it. I had a couple as clients once that they did not have bank accounts together and the husband explained that his wife spent money like water and couldn't control herself so he didn't want her touching his money. It was a valid reason and they were approved because they had so many other things together.

So just collect as much evidence as you can and you should be ok. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Customer: replied 1 year ago.


Hi,


 


I am not happy with your answer. The list of requirements you made for me I already have and it is available on any free website talking about obtaining the GC through the marriage.


 


I have asked one specific question and need an elaborate answer to it. Even you listed a joint tax declaration. So, I need the explanation on the difference if it's not joint.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, I wrote that list myself, so perhaps they copied it from me. But be that as it may, you aren't getting my point. I was just trying to be thorough because I am not a mind-reader and I do not know what you know and what you do not know. So imagine if I had assumed that you knew all that and I didn't tell you and it turned out that you didn't know all that. Then I would not be doing my job to try to give you the best answer.

And that's what I am here for, to try to give you the best answer. Please don't fight me because I am on your side. I won't be happy until you are happy. So what is my point. My point is that if you have a bunch of other stuff to support that your marriage is real and not just to get a green card, it won't matter that you have one thing that is a little out of the ordinary. In other words, it's not that big of a thing.

So let's break this down:

1) If you have other strong evidence of your relationship, it will not have a big negative impact in your case.

2) If you have a valid reason for filing married but separately, it also will not have a big negative impact on your case.

So those are two things within your control to make sure that it will not cause you a problem. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.


what are the valid reasons?


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That wasn't very nice of you to rate my service as poor when all I am trying to do is help you and I specifically asked you not to do that but to ask additional questions. I don't understand why you want to punish me when I am on your side.

The first thing I asked you was why was the reason and you said, and I quote, "It's my husband's whim. He has his own views about taxes." If you want to tell me what that means, I can tell you if maybe that will fly or not.
Customer: replied 1 year ago.

My rating was honest. As I said, I have paid money to get one concrete advice which I still haven't gotten. I am still very dissatisfied with the answer. You can ask your supervisor to contact me.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ma'am,please don't threaten me. I am a licensed attorney with my own law practice. I don't have a supervisor. I am my own boss. And I am not an employee of this website. I guess you could call me a sub-contractor, if anything. I have been nothing but nice and kind to you. The only thing you could report me for is being rude and I have not been rude nor will I be rude to you.

I really do not understand where this animosity is coming from. I don't understand why you are frustrated and why you want to take this out on me. ALL I am trying to do is help. I have given you a concrete answer and you just aren't listening. U.S. Immigration law is very complicated and unfortunately, often it isn't what you want to hear. That is not my fault. It is a judgment call on the part of the immigration officer as to whether or not they believe your marriage is real.

So if you want to tell me what your husband is going to say at the interview when you are both asked, "Why are you filling married but separate?", then I will tell whether or not it should work. So please let me know. Thank you.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It is not an incomplete answer. I just need for you to tell me what he will tell the immigration officer at the interview when he is asked about that. Why is that so difficult?

You are looking for a YES it will be a problem or a NO it will not be a problem but when you deal with an officer's discretion, a black or white answer like that is not always the case. It's the totality of the situation that they look at. So PLEASE use my 10 years+ of experience to your advantage. These are my favorite cases to work on and what I have the most experience in. So just let me know what he will say or what you think he will say when asked about it and I will give you the best answer that I can under the law.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ma'am, I have helped you and will continue to help you if you would just tell me what your husband will say or what you think he will say at the interview. Please let me know. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, I have given you a correct and concrete answer. If the rest of the evidence is strong and the reason for filing the taxes married but separately is reasonable, then you should not have an issue. I don't know what more you would like me to tell you. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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