Green Card Through Marriage - Waiver of the Joint Filing Requirement

Ayodeji Badaki is a U.S. licensed attorney with extensive experience assisting clients from all over the world with U.S. immigration matters. Visit our websites at www.badakilawfirm.com, www.mdconsumerlawyer.net or email badakilawfirm@gmail.com.

The scenario is unfortunately quite common. A non citizen meets and falls in love with a U.S. citizen and the two decide to get married. Every thing is great at first and the new couple obtains a two-year conditional green card for the non-citizen based on their marriage. However, before the couple can file the required joint petition to remove the conditions on the green card, the marriage falls apart.

In too many instances, the non-citizen, being unaware of available options, lets the conditional green card lapse. The result could be the non-citizen slipping "out of status" and the potential for the commencement of removal proceedings.

It is important to note that there are options in every scenario. Depending on the specifics of the situation, a non-citizen may qualify for a waiver of the joint filing requirement using USCIS form I-751.


It is advisable to work with an immigration attorney on immigration law matters. However many people do choose to represent themselves before the USCIS. Call us today to discuss options at (443) 857-7740 or email ayodeji@badakilawfirm.com. 

The Badaki Law Firm
2275 Research Blvd., Suite 500
Rockville, MD 20850
Tel: (443) 857-7740
www.badakilawfirm.com
email: badakilawfirm@gmail.com

Disclaimer: The content of this website has been prepared for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without first discussing with counsel.

A sample brief in support of a petition to waive the joint filing requirement under USCIS form I-751 can be downloaded here: http://www.oronjo.com/live/next/?fi=77789

Sample brief and personal declaration in support of I-751 petition to waive joint filing requirement.





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IRS Tax Issues - The Offer in Compromise

It is advisable to work with a lawyer or tax professional in preparing an OIC, however, many people do decide to prepare and submit OICs on their own. A sample explanation of circumstances submitted with an offer in compromise can be downloaded here: http://www.oronjo.com/live/next/?fi=77779


This blog post is the first of several that will explore what options you might want to pursue concerning tax issues. 

So the IRS is after you for unpaid taxes, what should you do? The important thing to note is that you do have options and you should attempt to pursue those options as soon as possible after receiving notice from the IRS. Depending on your specific circumstances you may be eligible for an Offer in Compromise or OIC. With an OIC, you may be able negotiate a much lower payment of the amount the IRS says you owe. Once you reach an agreement with the IRS on an OIC and once the agreed amount is paid off, the initial liability to the IRS is completely discharged.  

The IRS uses a rather complicated set of criteria to determine who is eligible for and the amount it would be willing to accept on an OIC. In most cases, the IRS will not accept an offer unless the amount offered by the taxpayer is equal to or greater than the reasonable collection potential (the RCP). The RCP is how the IRS measures the taxpayer's ability to pay. The RCP includes the value that can be realized from the taxpayer's assets, such as real property, automobiles, bank accounts, other property and anticipated future income, less certain amounts allowed for basic living expenses.

Forms required for submitting an OIC include the most current version of Form 656 (PDF), Offer in Compromise and typically also Form 433-A (PDF), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B (PDF), Collection Information Statement for Businesses.

Generally, you must submit a $150 application fee along with the Form 656. This fee can be waived, however,  if the offer is based on doubt as to liability or if you qualify for the low-income exception.

This is a sample explanation of circumstances for an Offer in Compromise (OIC) submission.


    

The IRS website discussing Offers in Compromise can be found at: http://www.irs.gov/taxtopics/tc204.html 

  

Bringing Together Useful Information and Resources for the African Immigrant Community

This Blog is developed as a resource for the expanding African immigrant community within the United States. One of the greatest obstacles to success for new immigrants is a lack of access to information. Where can I get answers to my immigration law questions? How do I get a loan to start a business? Where can I find support/counsel for family issues?

The African Immigrant Resource Center aims to help answer these and other similar questions that African Immigrants face every day by being a repository for in-depth and up to date information on the most pressing issues for the immigrant community. Join us and let us together help to make the American dream a reality for all in our community.