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malego77

I-864 petitioner RFE, any income tax

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Filed: AOS (apr) Country: Mexico
Timeline

Oh no!!! I get a RFE for the I-864 from the petitioning sponsor

What can we do? My husband never was working in USA, he recovered his US citizenship in January 2007. So he didn't have any income tax!!! What can he includes with the I-864 form???

When he filed the I-134 we used a sponsor and my husband sent a letter explaining that he works like self-employed and that his income was like 15,000 per year. But it wasn't true, he wasn't working he wrote that letter for avoid any problem if he said that he was unemployed!! Now the problem will be that we sent that letter one more time (with the AOS) but we didn't file the I-864 from the petitioner. So, we don't know what to do? If we really will have that money there won't be any problem for file the Income tax for that amount and paid the respect amount for it.

We have learn a hard lesson: no to be liars!!! But now we need solutions for that mistake...

We never have file income tax before. Can he put dependants? Propierties (car, cell phone bills?)

He worked in FedEx for 3 months but no more, he is now getting her master degree (title), so, he can not get a job for now.

Helppp

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Filed: Timeline
When he filed the I-134 we used a sponsor and my husband sent a letter explaining that he works like self-employed and

Can you not use the same sponsor for I-864 again?

If that person is willing to be a sponsor, fill out I-864 and get their signature and documents..


Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

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Filed: Timeline
Oh no!!! I get a RFE for the I-864 from the petitioning sponsor

What can we do? My husband never was working in USA, he recovered his US citizenship in January 2007. So he didn't have any income tax!!! What can he includes with the I-864 form???

When he filed the I-134 we used a sponsor and my husband sent a letter explaining that he works like self-employed and that his income was like 15,000 per year. But it wasn't true, he wasn't working he wrote that letter for avoid any problem if he said that he was unemployed!! Now the problem will be that we sent that letter one more time (with the AOS) but we didn't file the I-864 from the petitioner. So, we don't know what to do? If we really will have that money there won't be any problem for file the Income tax for that amount and paid the respect amount for it.

We have learn a hard lesson: no to be liars!!! But now we need solutions for that mistake...

We never have file income tax before. Can he put dependants? Propierties (car, cell phone bills?)

He worked in FedEx for 3 months but no more, he is now getting her master degree (title), so, he can not get a job for now.

Helppp

Why not use the same joint sponsor?

I hope this does not get you folks in trouble :unsure:

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Lying in this process can easily bite you later. I'm not sure why he would have never filed income tax; self employed people must pay taxes just like everyone else. Plus, living abroad doesn't necessarily relieve a US citizen of the duty of filing taxes.

I'd get the tax thing sorted out first and foremost. Go to a professional tax preparer for advice and help in doing it right.


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Filed: Timeline
Lying in this process can easily bite you later. I'm not sure why he would have never filed income tax; self employed people must pay taxes just like everyone else. Plus, living abroad doesn't necessarily relieve a US citizen of the duty of filing taxes.

I'd get the tax thing sorted out first and foremost. Go to a professional tax preparer for advice and help in doing it right.

Wise words.

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Lying in this process can easily bite you later. I'm not sure why he would have never filed income tax; self employed people must pay taxes just like everyone else. Plus, living abroad doesn't necessarily relieve a US citizen of the duty of filing taxes.

I'd get the tax thing sorted out first and foremost. Go to a professional tax preparer for advice and help in doing it right.

Wise words.

self employed people must pay taxes just like everyone else, but you don't pay taxes on income you didn't make when you lied about being self employed. The employment was a lie. There was no income from self-employment. To comply with the RFE, he will finally have to confess that he lied on previously submitted documents and show that he is actually unemployed. Not complying with the RFE will be a certain denial.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: AOS (apr) Country: Mexico
Timeline
When he filed the I-134 we used a sponsor and my husband sent a letter explaining that he works like self-employed and

Can you not use the same sponsor for I-864 again?

If that person is willing to be a sponsor, fill out I-864 and get their signature and documents..

Yes, we sent the I-864 from the same sponsor but they ask for the petitioner sponsor (US husband) or principal sponsor.

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When he filed the I-134 we used a sponsor and my husband sent a letter explaining that he works like self-employed and

Can you not use the same sponsor for I-864 again?

If that person is willing to be a sponsor, fill out I-864 and get their signature and documents..

Yes, we sent the I-864 from the same sponsor but they ask for the petitioner sponsor (US husband) or principal sponsor.

You really have no choice but to submit a truthful I-864 from the sponsor and hope they don't deny the application based on material misrepresentation. A finding of material misrepresentation at the consulate that granted the visa may even be grounds to start deportation proceedings.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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self employed people must pay taxes just like everyone else, but you don't pay taxes on income you didn't make when you lied about being self employed. The employment was a lie. There was no income from self-employment. To comply with the RFE, he will finally have to confess that he lied on previously submitted documents and show that he is actually unemployed. Not complying with the RFE will be a certain denial.

Ah ok - I got lost in the worm hole there somewhere.

*edited after having just read your above reply*

Edited by TracyTN

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Filed: AOS (apr) Country: Mexico
Timeline
Lying in this process can easily bite you later. I'm not sure why he would have never filed income tax; self employed people must pay taxes just like everyone else. Plus, living abroad doesn't necessarily relieve a US citizen of the duty of filing taxes.

I'd get the tax thing sorted out first and foremost. Go to a professional tax preparer for advice and help in doing it right.

You see, he was recovered his US citizenship on January 2007. He never has been in US since he was born. He always was studying abroad he never was working (officially). So, 2007 year will be his first income tax year. He didn't have any income tax, and the recent income tax year is 2006 right? But he hadn't it. This was the same problem when he petitioned my K1 visa, he didn't have any income tax and he had to send that employment letter.

I don't know, all is now more confuse but anyway we'll have to pay this year with what money I don't know :crying:

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Doesn't the petitioner have to fill out an I-864 even if they have a cosponsor?

Yes he had to, but the problem is the income year to attach if there isn't any year.

If there is no income, you claim $0. There is no supporting tax documents for $0. The only supporting document for showing $0 income would be a letter explaining that you did not file taxes and why. In most cases with a cosponsor, this would be sufficient. Currently, your real problem is that he lied about his income fearing that the visa would otherwise be denied.

An intentional lie for a gain that would otherwise be denied if the truth were known is defined as material misrepresentation. That is about the worst thing you can do in this entire process and should not be taken lightly.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline
You see, he was recovered his US citizenship on January 2007. He never has been in US since he was born. He always was studying abroad he never was working (officially). So, 2007 year will be his first income tax year. He didn't have any income tax, and the recent income tax year is 2006 right? But he hadn't it. This was the same problem when he petitioned my K1

If he did not file taxes since he didn't make enough income or didn't have any income, just state that in the I-864 and make sure you have a strong co-sponsor with good ties...you'll be ok...

You can also use assets to qualify...read the "Section 29 total value of assets" in the I-864 instructions..that may help..

Edited by second stage

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

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You see, he was recovered his US citizenship on January 2007. He never has been in US since he was born. He always was studying abroad he never was working (officially). So, 2007 year will be his first income tax year. He didn't have any income tax, and the recent income tax year is 2006 right? But he hadn't it. This was the same problem when he petitioned my K1

If he did not file taxes since he didn't make enough income or didn't have any income, just state that in the I-864 and make sure you have a strong co-sponsor with good ties...you'll be ok...

You're sure about that - given the misrepresentation with the consular affidavit of support?


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