I-864 petitioner RFE, any income tax

[Chica Yeyé 41]

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..

This would be just fine, except he lied in the initial application by saying he was self-employed when he was not employed. That will put them in a sticky situation.

[Zee Bee 61]

Here is my question. You obviously had a qualified cosponsor because you got your K1 approved.

The cosponsor needs to show they can support the intending immigrant and any other dependents regardless of the income of the USC petitioner. That is what they are there for.

So why the need to lie?

Now, you turn in a letter falsely stating that he made $15,000. Isn't USCIS is going to need some documentation?

[second stage 14]

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

If I read it correctly, her husband gave a letter and not a notarized I-134 during the consular process...They used someone else to sponsor and that person submitted the I-134...

The beneficiary can also use her assets to overcome the financial support need as described in "Section 28: Assets of the Intending Immigrant"...

As always, whatever you read on the forum is just opinions..its different when you act on them...

Edited February 7, 2008 by second stage

[malego77 2]

I am in agreement with all you. The certain thing is that we cannot return the time and to make the things of another way, the correct way!. I know that it is a lack of presentation lying and to accept it mainly when you have much to lose. Now, the only exit that I see is that he pays the income for 2007 and present his recent income of this year.

Thank you all for your opinions/suggestions. It really help us.

[john_and_marlene 162]

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..

This would be just fine, except he lied in the initial application by saying he was self-employed when he was not employed. That will put them in a sticky situation.

They have presented this misleading letter twice now. Once for the interview at the consulate and again with their AOS application. There are now 2 instances of material misrepresentation. I will be surprised if this has an easy or successful outcome.

[malego77 2]

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

If I read it correctly, her husband gave a letter and not a notarized I-134 during the consular process...They used someone else to sponsor and that person submitted the I-134...

As always, whatever you read on the forum is just opinions..its different when you act on them...

Yes, my husband only gave a letter. The I-134 for K1 visa was filed for the co-sponsor only

[malego77 2]

Here is my question. You obviously had a qualified cosponsor because you got your K1 approved.

The cosponsor needs to show they can support the intending immigrant and any other dependents regardless of the income of the USC petitioner. That is what they are there for.

So why the need to lie?

Now, you turn in a letter falsely stating that he made $15,000. Isn't USCIS is going to need some documentation?

Yes, now USCIS wants a I-864 filed for him (US spouse), but I know that the I-864 must include the most recent income tax, but he hasn't any. The choice is to file a income tax for 2007 due to he said in that letter that he earn 15000 in the year, and sent it with the I-864. Or ommit the income tax recent year and not send any, anyway I don't know if USCIS will ask for the income after due to now it's the time for report 2007 year.

[TracyTN 237]

You have to submit SOMEthing in response to the RFE - that is clear. Since he does not have either 2006 or 2007 tax returns, he needs to get one filed promptly for 2007 (as it appears he did not have income in 2006 -- if I'm following the chain of events correctly). Then when responding to the RFE, I would send the tax transcript for the 2007 return, along with your cosponsor's information.

This will not help you overcome the material representations, but at least its a start towards doing the right thing.

It may not hurt you to get advice from a qualified immigration attorney as well.

Edited February 7, 2008 by TracyTN

[malego77 2]

You have to submit SOMEthing in response to the RFE - that is clear. Since he does not have either 2006 or 2007 tax returns, he needs to get one filed promptly for 2007 (as it appears he did not have income in 2006 -- if I'm following the chain of events correctly). Then when responding to the RFE, I would send the tax transcript for the 2007 return, along with your cosponsor's information.

This will not help you overcome the material representations, but at least its a start towards doing the right thing.

It may not hurt you to get advice from a qualified immigration attorney as well.

Thanks a lot. The correct way must be always the best. So, we need to start to do the things good.

Have nice day.