Question on Perminant Resident's family member

[Dumbhubby]

What is the name of your state (only U.S. law)? PA

My ex- wife is a Perminant Resident. She says she is trying to have her mother visit the US. She is telling me that she needs tax information from 2007 that shows we were married, and to make sure that I give her the info that has my name is on it showing we were married.
Our divorce was recently final this past December of 2008. My question is what do tax forms, and ensuring my name is on it, have anything to do with getting her mother here?
I have no problem with her mother visiting, but dont want to be a part of something illegal here. If these forms are required, then great I will be more then happy to help, but if something like change in marital status is an issue I do not want to be a part of it.
Also, last I heard awhile ago she was in process for her US citizenship. Would our divorce have an effect on that?

 

[evcalyptos]

What is the name of your state (only U.S. law)? PA

My ex- wife is a Perminant Resident. She says she is trying to have her mother visit the US. She is telling me that she needs tax information from 2007 that shows we were married, and to make sure that I give her the info that has my name is on it showing we were married.
Our divorce was recently final this past December of 2008. My question is what do tax forms, and ensuring my name is on it, have anything to do with getting her mother here?
I have no problem with her mother visiting, but dont want to be a part of something illegal here. If these forms are required, then great I will be more then happy to help, but if something like change in marital status is an issue I do not want to be a part of it.
Also, last I heard awhile ago she was in process for her US citizenship. Would our divorce have an effect on that?

If you filed a joint income tax return for 2007, your wife can get transcripts from the IRS on her own; it is her tax return too. These are free, can be ordered on the phone, and they arrive quickly (less than 2 weeks).

I'm not sure exactly why she would want this information to support her mother's tourist visa application; maybe that is not the visa they are pursuing?

Your divorce could impact your ex's naturalization, depending on how she applied. There is a shorter wait for PRs married to USCs (3 years as a PR) that requires the couple to still be in a valid marital union.
If she has applied under the usual 5 years as a PR rule, then your marriage no longer has anything to do with her application. She would need her tax returns for that application (N-400) as well.

 

[Dumbhubby]

If you filed a joint income tax return for 2007, your wife can get transcripts from the IRS on her own; it is her tax return too. These are free, can be ordered on the phone, and they arrive quickly (less than 2 weeks).

I'm not sure exactly why she would want this information to support her mother's tourist visa application; maybe that is not the visa they are pursuing?

Your divorce could impact your ex's naturalization, depending on how she applied. There is a shorter wait for PRs married to USCs (3 years as a PR) that requires the couple to still be in a valid marital union.
If she has applied under the usual 5 years as a PR rule, then your marriage no longer has anything to do with her application. She would need her tax returns for that application (N-400) as well.

So to the best of your knowledge, joint income tax return info is not needed for her mother's visa?
Regarding her quest for citizenship...we married in 2004, she became PR in 2005. I guess, most likely, she became PR because of our marriage?
I guess she applied for the 5 yr.? She didnt explain it too much(or many other things for that matter which is why I divorced her.)

 

[evcalyptos]

So to the best of your knowledge, joint income tax return info is not needed for her mother's visa?
Regarding her quest for citizenship...we married in 2004, she became PR in 2005. I guess, most likely, she became PR because of our marriage?
I guess she applied for the 5 yr.? She didnt explain it too much(or many other things for that matter which is why I divorced her.)

How curious.
Your wife did not magically become a PR. If it happened as a result of your marriage, then you participated by completing a petition I-130, an Affidavit of Support I-864, and interview.. ??? You don't recall?

If your wife applied under the 3 year rule (because you were still married at the time), her application can not complete if you are now divorced. If it completed before you divorced.. again, none of this rings a bell? Oath ceremony? Tax returns for her application?

I have no idea what visa they are applying for. It could be that your ex is now a citizen and petitioning/sponsoring her mother for PR and that is what she wants her tax records for.

We can sit here and guess all weekend I suppose.

 

[Dumbhubby]

How curious.
Your wife did not magically become a PR. If it happened as a result of your marriage, then you participated by completing a petition I-130, an Affidavit of Support I-864, and interview.. ??? You don't recall?

If your wife applied under the 3 year rule (because you were still married at the time), her application can not complete if you are now divorced. If it completed before you divorced.. again, none of this rings a bell? Oath ceremony? Tax returns for her application?

I have no idea what visa they are applying for. It could be that your ex is now a citizen and petitioning/sponsoring her mother for PR and that is what she wants her tax records for.

We can sit here and guess all weekend I suppose.

We did have the interview that year in Philadelphia. I tried to get involved as much as possible but didnt she didnt want to discuss it much. Again there are reasons why I had to break our marital bond.
No I dont think she is a citizen yet. Believe me she would have told me that.
What makes it interesting is that she is always making sure she adds tax returns showing we filed jointly.
Though I may not be married to her, I dont want her to do anything she isnt supposed to do and get in trouble being that our son needs a mother.

 

[evcalyptos]

We did have the interview that year in Philadelphia. I tried to get involved as much as possible but didnt she didnt want to discuss it much. Again there are reasons why I had to break our marital bond.
No I dont think she is a citizen yet. Believe me she would have told me that.
What makes it interesting is that she is always making sure she adds tax returns showing we filed jointly.
Though I may not be married to her, I dont want her to do anything she isnt supposed to do and get in trouble being that our son needs a mother.

Well I can't possibly guess what is going on in her mind based on what you write. Maybe you should pay for her to have a consultation with an immigration attorney to make sure she is on track and not jeopardizing her life in the US.

There is nothing particularly interesting about making sure that the tax returns are included.. they are requested for almost every application at some point. Since her applications have been made on the basis of your marriage, she needs to prove that you were married, and joint returns are good evidence. You --were-- married for 3.5-4 years.

If she did already apply for naturalization and didn't complete it before your divorce, she will have to reapply after 5 years of PR.

 

[Dumbhubby]

So if she became of PR in 2005 would that mean she wouldnt be eligible for oath until 2010? I have a feeling she is trying to keep our divorce from Immigration.
I'll do whatever she wants me to do, but I just dont want any trouble from the govt.

 

[evcalyptos]

So if she became of PR in 2005 would that mean she wouldnt be eligible for oath until 2010? I have a feeling she is trying to keep our divorce from Immigration.
I'll do whatever she wants me to do, but I just dont want any trouble from the govt.

If she became a PR in 2005 and is now divorced, she is not eligible to even apply until 2010.

If she is trying to hide the divorce to complete a 3-year waiver application, that will be a problem. Mostly for her, but don't you go do anything dumb.

 

[Dumbhubby]

Like you said she can get her tax info on her own. How do I keep myself from getting into trouble- as per "do anything dumb"?
Also does immigration somehow check her backround to see if she still is married?

 

[evcalyptos]

Like you said she can get her tax info on her own. How do I keep myself from getting into trouble- as per "do anything dumb"?
Also does immigration somehow check her backround to see if she still is married?

Dumb= lying for her, giving an impression that a valid marital relationship still exists... geez, a whole host of things.

"Lying" is called 'material misrepresentation'.. lying that matters. If your ex lies and tells an immigration officer that she is still married when she is in fact divorced, any benefit extended to her can be revoked. US citizenship taken away.
But they have ways to check. The most obvious is at the interview and at the oath, the candidate (based on marriage) must show evidence of still being in a valid marital relationship with the USC spouse.

If you feel she is misrepresenting --you-- or you think she is going to get herself in trouble, write a letter to your Local Office informing them of the divorce. I don't know that it will go anywhere, but ideally you two haven't left any evidence that she could use as --current-- proof of your being married.

I'm not really sure where you're going with the whole thing right now.. I don't know what information would be useful to you. Why don't you just ASK her what her current status and plans are? In return, you can explain to her that the tax returns are HER tax returns too (presuming she signed them) and how to get them.