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DAP Forums > DREAM Act > The Lounge

Legalization through marriage - Page 7

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#61
11-12-2016, 05:31 PM
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Chyno.01
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Quote:
Originally Posted by JohannBernoulli1667 View Post
I posted this in a separate thread but no feed back. Maybe it belongs here


With DACA on the verge of dying and the possibility of losing jobs many of us are considering moving forward with the only alternative to permanently fix our situation, marriage and AOS through a USC significant other.


I will share my situation as I assume many others might be going through the same or similar hurdles through this process.


Going this route is not easy, it will take a while.

In my case, I have been with my girlfriend for a year. I talked to her after the election and I explained what was going on and she said that she loves me and will do anything she can to end this nightmare. I honestly love her and I am convinced that she is the one I want to be with.

There are some complications, first, I do not think her parents would be too happy with our plans. She lives with her dad and is still in school working on her undergrad and she will still depend on her parents until she graduates.

She is not too close with her parents and she thinks it is a good idea if they know about this plan, yet. She wants to finish school before she tells them. Her parents are moving back to their country as they do not like the U.S and they want to live retirement in a stress free environment which means my girlfriend will be independent when that happens sometime next year.

She insist we go forward with the plan now but obviously there are some complications.

1. Living together : She will not be able to move with me yet. She is going to school, I currently visit her almost every weekend and this has made our relationship very strong but it is just not feasible to move in together yet. Specially because her dad still lives with her.


2. Filing Taxes : I asked her if she is still listed as a dependant under her parents and she said not anymore. She mentioned that her dad wanted her to file her taxes alone in preparation for their departure. The only issue is that she says she would rather filed separately (this first year) because she does not want her older brother who still has some oversight to intervene. She says unless it is extremely necessary she would file jointly this year.


She is agreeing to getting married in the next couple of weeks. This would allow us to open joint bank accounts, have joint credit and establish that we are serious about being together for real.

3. She wants to keep her name for now : She feels it would be too much of a pain to change her last name to mine right now because of the above points, she is still in school and wants to keep using her name. She says she would definately change her name when in a year once we are settled completely and together. She does not even like her last name because of some issues with her family. But she things it is more convenient right now a to not create drama with her family.


I sincerely love this girl and I have date many girls in the past. We share the same passion for our careers, we are both engineers and enjoy the same things. We have spent weeks together and I have zero doubt that it will work out in terms of being happy together.

I do not fully understand what is the bare minimum a couple can have to build a successful case for AOS.

Please if you could provide some feedback.

It will probably take some time to build a solid case given the above mentioned, we do not have an option and we will most likely follow through with this plan.




Thank you for any feedback.
What questions do you have specifically? I'm on the same boat.
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#62
11-12-2016, 05:43 PM
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Originally Posted by Chyno.01 View Post
What questions do you have specifically? I'm on the same boat.
Well I guess the main question is.


What are the consequences in terms of affecting her life?

For example, I have to talk to her whether she gets financial aid, and how that might affect us.

The earliest we can get married is in January, that way she won't be affected when filing her taxes.


My main concern is her taxes and also fafsa. I have no clue if you file that every year or if you have to constantly update your marital status and any other things where you would have to change your status from single to married that may be detrimental to her or her parents.
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#63
11-12-2016, 05:57 PM
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mjemilio84
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Quote:
Originally Posted by JohannBernoulli1667 View Post
I posted this in a separate thread but no feed back. Maybe it belongs here


With DACA on the verge of dying and the possibility of losing jobs many of us are considering moving forward with the only alternative to permanently fix our situation, marriage and AOS through a USC significant other.


I will share my situation as I assume many others might be going through the same or similar hurdles through this process.


Going this route is not easy, it will take a while.

In my case, I have been with my girlfriend for a year. I talked to her after the election and I explained what was going on and she said that she loves me and will do anything she can to end this nightmare. I honestly love her and I am convinced that she is the one I want to be with.

There are some complications, first, I do not think her parents would be too happy with our plans. She lives with her dad and is still in school working on her undergrad and she will still depend on her parents until she graduates.

She is not too close with her parents and she thinks it is a good idea if they know about this plan, yet. She wants to finish school before she tells them. Her parents are moving back to their country as they do not like the U.S and they want to live retirement in a stress free environment which means my girlfriend will be independent when that happens sometime next year.

She insist we go forward with the plan now but obviously there are some complications.

1. Living together : She will not be able to move with me yet. She is going to school, I currently visit her almost every weekend and this has made our relationship very strong but it is just not feasible to move in together yet. Specially because her dad still lives with her.


2. Filing Taxes : I asked her if she is still listed as a dependant under her parents and she said not anymore. She mentioned that her dad wanted her to file her taxes alone in preparation for their departure. The only issue is that she says she would rather filed separately (this first year) because she does not want her older brother who still has some oversight to intervene. She says unless it is extremely necessary she would file jointly this year.


She is agreeing to getting married in the next couple of weeks. This would allow us to open joint bank accounts, have joint credit and establish that we are serious about being together for real.

3. She wants to keep her name for now : She feels it would be too much of a pain to change her last name to mine right now because of the above points, she is still in school and wants to keep using her name. She says she would definately change her name when in a year once we are settled completely and together. She does not even like her last name because of some issues with her family. But she things it is more convenient right now a to not create drama with her family.


I sincerely love this girl and I have date many girls in the past. We share the same passion for our careers, we are both engineers and enjoy the same things. We have spent weeks together and I have zero doubt that it will work out in terms of being happy together.

I do not fully understand what is the bare minimum a couple can have to build a successful case for AOS.

Please if you could provide some feedback.

It will probably take some time to build a solid case given the above mentioned, we do not have an option and we will most likely follow through with this plan.




Thank you for any feedback.
the first problem you gonna have is with the irs trust me.
If you gonna get married live together, change last name, file tax together,do most american people do.
Dont make the same mistake i did, mi wife did not changed anything the irs has been in my back for 5 years asking for prove that we are toguether, that i paid her school, because she has different address at school different last name. I won the case the judge rule iny favor, even after that the irs send me a letter they will review future tax returns and they did still my 2015 tax retunrs still under investigation. Savd your self the trouble
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#64
11-12-2016, 06:01 PM
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Quote:
Originally Posted by mjemilio84 View Post
the first problem you gonna have is with the irs trust me.
If you gonna get married live together, change last name, file tax together,do most american people do.
Dont make the same mistake i did, mi wife did not changed anything the irs has been in my back for 5 years asking for prove that we are toguether, that i paid her school, because she has different address at school different last name. I won the case the judge rule iny favor, even after that the irs send me a letter they will review future tax returns and they did still my 2015 tax retunrs still under investigation. Savd your self the trouble


Yes, I understand that. The IRS part is scary. This is why to not have any issues this year we will wait until January that way she can file her taxes as always for one last time in April for the 2016 tax year.

Thank you for sharing the experience, I did not think it was as serious as to get investigated. I thought only people like Trump would get those kind of investigations.

I am definately looking into all the implications that this could bring.
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#65
11-12-2016, 06:22 PM
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Chyno.01
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Quote:
Originally Posted by mjemilio84 View Post
the first problem you gonna have is with the irs trust me.
If you gonna get married live together, change last name, file tax together,do most american people do.
Dont make the same mistake i did, mi wife did not changed anything the irs has been in my back for 5 years asking for prove that we are toguether, that i paid her school, because she has different address at school different last name. I won the case the judge rule iny favor, even after that the irs send me a letter they will review future tax returns and they did still my 2015 tax retunrs still under investigation. Savd your self the trouble
I married my fiance two months ago and I changed my taxes options. We do not have same address at the moment but we will next year. Should I be concern about IRS? She still has her last name but will be changed next July during our real ceremony.

I have prove such as joint account for over a year, email of realtors and houses that we been looking at since July or May. We been together for over 7 years.
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#66
11-12-2016, 06:23 PM
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Chyno.01
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Quote:
Originally Posted by JohannBernoulli1667 View Post
Yes, I understand that. The IRS part is scary. This is why to not have any issues this year we will wait until January that way she can file her taxes as always for one last time in April for the 2016 tax year.

Thank you for sharing the experience, I did not think it was as serious as to get investigated. I thought only people like Trump would get those kind of investigations.

I am definately looking into all the implications that this could bring.
I read online that it doesnt matter if two people have different address. Dont be scared by this. As long as you two can prove you are legit I dont see an issue.

Unless I am completely wrong.
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#67
11-12-2016, 06:24 PM
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Quote:
Originally Posted by Chyno.01 View Post
I married my fiance two months ago and I changed my taxes options. We do not have same address at the moment but we will next year. Should I be concern about IRS? She still has her last name but will be changed next July during our real ceremony.

I have prove such as joint account for over a year, email of realtors and houses that we been looking at since July or May. We been together for over 7 years.
I do not think you will, I hear a lot of women wanting to keep their names for feminist reasons. Americans do it and I am sure the IRS does not care as long as you are truthful about your marital situation and that you make sure you are not violating anything.
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#68
11-12-2016, 06:49 PM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
Well I guess the main question is.


What are the consequences in terms of affecting her life?

For example, I have to talk to her whether she gets financial aid, and how that might affect us.

The earliest we can get married is in January, that way she won't be affected when filing her taxes.


My main concern is her taxes and also fafsa. I have no clue if you file that every year or if you have to constantly update your marital status and any other things where you would have to change your status from single to married that may be detrimental to her or her parents.
Hire an immigration attorney if you can afford to, they can help you avoid a lot of potential headaches.
If you are worried about affecting your girlfriend's life. Remember that this is also a good opportunity to strengthen your relationship.
There'll be some hard times for sure but don't give up and stay optimistic.
Keep good paper work and back up all records.
Research AOS requirement and consult your options with your lawyer.
I recommend you proceed with the marriage as soon as you can.
Wish you the best of luck.
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#69
11-12-2016, 06:52 PM
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Chyno.01
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Quote:
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Hire an immigration attorney if you can afford to, they can help you avoid a lot of potential headaches.
If you are worried about affecting your girlfriend's life. Remember that this is also a good opportunity to strengthen your relationship.
There'll be some hard times for sure but don't give up and stay optimistic.
Keep good paper work and back up all records.
Research AOS requirement and consult your options with your lawyer.
I recommend you proceed with the marriage as soon as you can.
Wish you the best of luck.
Consultations can go from $75 up to $300. Make sure you have the money if you want to.
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#70
11-12-2016, 06:56 PM
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Chyno.01
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Quote:
Originally Posted by JohannBernoulli1667 View Post
Well I guess the main question is.
What are the consequences in terms of affecting her life?
You. She is married to you so she has to deal with you

Quote:
Originally Posted by JohannBernoulli1667 View Post
For example, I have to talk to her whether she gets financial aid, and how that might affect us.
Financial aid is based on income. So if you two get married, and you make lots of money she will be affected.

Quote:
Originally Posted by JohannBernoulli1667 View Post
The earliest we can get married is in January, that way she won't be affected when filing her taxes.
Okay.

Quote:
Originally Posted by JohannBernoulli1667 View Post
My main concern is her taxes and also fafsa. I have no clue if you file that every year or if you have to constantly update your marital status and any other things where you would have to change your status from single to married that may be detrimental to her or her parents.
Look online. Dont waste money on a lawyer for such question. Read up the qualifications for FAFSA as a married couple. Remember everything is online. Just take your time to do it. Worst case, jut talk to an accountant but not a lawyer.
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