Atty tells me to make amendment on my 2010 taxes

[meandmybeloved 15]

so, I told my attorney that we are having a hard time finding a co sponsor and she suggested we make a amendment on my 2010 taxes and instead

of claiming 2 kids, just claim one and then this way it puts me in the financial bracket to be able to have made enough money last year to sponsor my fiance rick without a co sponsor.

I have not yet trusted what my attorney has told us, and I thought I had to be working right now, and this she knows I am not cause I can't afford the daycare for my two elementary kids when they get out of school, and I have no family or friends that can watch my kids after school, so I am forced to not be able to work at this time.

Is she giving me sound advice and has anyone heard of this before. I am very saddened over the fact that no one in my family will help us out here, and my closest of friends won't even think of co sponsoring. I am in my early 40's and have excellent credit, and my friends and family know I am very financially responsible and will do what ever I need to to make sure all my bills are paid and I don't make late payments. I am confident that they know this, but why does so many people shy away from the word " co-sponsor"?

HELP!!!

[Harpa Timsah 13,258]

If you have two kids you can't pretend you only have one. Your attorney is telling you to lie to the USCIS and say you have less children than you do so you qualify for the I-864? Really bad idea.

[Inky 1,110]

if you amend your taxes they will know you lied.

your taxes will show 1 child but your house hold will show 4 people including him. So they know there is 1 unaccounted for person somewhere. Unless your lawyer is telling you to lie on your taxes as well as lie on your immigration forms.

Not to mention the fact that if you suddenly subtract this child from your taxes while all your other years have the child that will look even more fishy. Not only to immigration but to IRS no?

[skiptex 225]

yea.. i am not a smart man.. but trying to changes TAXES from two years ago.. does not seem like its possible.. since EVERYBODY would be changing PAST TAX Forms if they could benefit somehow.. so you are correct to not trust that attorney.. if you have a TAX question.. Call IRS directly.

ps.. what exactly is co sponsor responsibility?

i looked up the poverty level.. i just have to be making 125% over that correct? is that were you need co sponsor?

Edited September 27, 2011 by skiptex

[Little_My 464]

Didn't you say you have three children in a previous post..?

That aside, based on what you've said about this lawyer in your other posts, and now with this tax issue, I think it would be time to get rid of her. It does not seem as though she is giving you useful - or even really legal - advice on these issues, and I assume she is costing you money as well.

Affidavit of support is a no-joke document that can carry very long-lasting consequences to the sponsor. Though I fully understand your distress and worry about the situation, I also think it is understandable that people, especially friends who are not your relatives, may be hesitant so sign a document like that. You may be a trustworthy, financially responsible person, but do your friends really know your husband well enough to believe the same of him? If a friend of yours sponsors your husband, and you two ended up getting divorces (and I am not saying you will, this is just hypothetical), the sponsor would still be bound by the affidavit.

If there is absolutely no way for you two to meet the financial requirements, have you considered any other options for him to come to the US, such as a work visa? You said in another post that his field is better in the US and in Canada - is it a field in which he is likely to be hired here? if so, would it be possible for him to look into being sponsored for a work visa through an employer?

[meandmybeloved 15]

if you amend your taxes they will know you lied.

your taxes will show 1 child but your house hold will show 4 people including him. So they know there is 1 unaccounted for person somewhere. Unless your lawyer is telling you to lie on your taxes as well as lie on your immigration forms.

Not to mention the fact that if you suddenly subtract this child from your taxes while all your other years have the child that will look even more fishy. Not only to immigration but to IRS no?

You know, I hired a attorney thinking they were professionals about this and would know the best when it came to this kind of stuff. But when she mentioned this, it did not sit well with me, so that is

why I wanted to bring it here to you guys. I know you will give me your best advice.

[meandmybeloved 15]

Didn't you say you have three children in a previous post..?

That aside, based on what you've said about this lawyer in your other posts, and now with this tax issue, I think it would be time to get rid of her. It does not seem as though she is giving you useful - or even really legal - advice on these issues, and I assume she is costing you money as well.

Affidavit of support is a no-joke document that can carry very long-lasting consequences to the sponsor. Though I fully understand your distress and worry about the situation, I also think it is understandable that people, especially friends who are not your relatives, may be hesitant so sign a document like that. You may be a trustworthy, financially responsible person, but do your friends really know your husband well enough to believe the same of him? If a friend of yours sponsors your husband, and you two ended up getting divorces (and I am not saying you will, this is just hypothetical), the sponsor would still be bound by the affidavit.

If there is absolutely no way for you two to meet the financial requirements, have you considered any other options for him to come to the US, such as a work visa? You said in another post that his field is better in the US and in Canada - is it a field in which he is likely to be hired here? if so, would it be possible for him to look into being sponsored for a work visa through an employer?

OH, I have every intention of getting rid of her, but we don't have our NOA2 yet, and it is possible for it to go to her. So we are waiting til then. I can not believe this attorney would come right out and ask us to lie like that. I know nothing about the taxes and all, so what she said might have been something that might have been normal and all, but I wasn't sure. Beside everything else she has done to screw things up for us, I am waiting to get our NOA2 then report her to the bar association. I have never spoken to her on the phone, cause they won't communicate like that, only emails.

And we have made our last payment to them and they are paid in full now as of july. So what should she care, they have our money and they have done nothing for us but be the go between.

Thanks for your advice.

[Gary and Alla 3,694]

Can you say "visa fraud" If you are caught at this, your fiancee will be denied and banned for 10 years...or life. Find a co-sponsor or another job

If the attorney wants to help you, he can co-sponsor.

[skiptex 225]

Didn't you say you have three children in a previous post..?

i just realized op is on two different threads.. and is same person.. LOL

[meandmybeloved 15]

yea.. i am not a smart man.. but trying to changes TAXES from two years ago.. does not seem like its possible.. since EVERYBODY would be changing PAST TAX Forms if they could benefit somehow.. so you are correct to not trust that attorney.. if you have a TAX question.. Call IRS directly.

ps.. what exactly is co sponsor responsibility?

i looked up the poverty level.. i just have to be making 125% over that correct? is that were you need co sponsor?

Yes, you need to be making 125% over the poverty level. I am just shy of that. And this is where a co sponsor comes in at.

I agree with you as well about the past tax thing, but when a atty tells you something like that, as though it is ok, then at first

you want to believe that they are giving you sound advice.

Just a nightmare all the way around with this atty, can't wait till we get our noa2 and I am done with her. I have already written out

the statement to the attorney to stop all work on our case, and will mail it certified as soon as we get our papers. I will then call the uscis and

notify them of this change.

Thanks for your help.

[skiptex 225]

well, the is a chance your taxes were not prepared correctly.. or maybe some deductions left off.. or some tax mumbo jumbo.. but maybe getting a tax professional to look over the tax form.. THEN maybe something can be done.. but taking a kid off.. probably not.. it could be worth a shot.. i know.. i used to do my own taxes but now. i have a cpa.. that would be only way to change past tax form.. HR BLOCK has commercials.. HEY BRING IN YOUR OLD TAX FORM.. WE CAN FIND OUT IF YOU OVERPAID or NOT CORRECT>>

just a thought..

[meandmybeloved 15]

Can you say "visa fraud" If you are caught at this, your fiancee will be denied and banned for 10 years...or life. Find a co-sponsor or another job

If the attorney wants to help you, he can co-sponsor.

Ahhhhh, No, I would rather not say " visa fraud". That is just terrible to think that the attorney would even say such a thing. Dumb founded too, cause like why the he!! would I risk

doing something that would be fraud and risk my fiance? Thanks to everyone here, I know that her suggestion was wrong to even make. But again, I'm not familiar with taxes and the

such, so wasn't really sure about what she was telling me at first.

Thanks for your advice.

[az110965 252]

well, the is a chance your taxes were not prepared correctly.. or maybe some deductions left off.. or some tax mumbo jumbo.. but maybe getting a tax professional to look over the tax form.. THEN maybe something can be done.. but taking a kid off.. probably not.. it could be worth a shot.. i know.. i used to do my own taxes but now. i have a cpa.. that would be only way to change past tax form.. HR BLOCK has commercials.. HEY BRING IN YOUR OLD TAX FORM.. WE CAN FIND OUT IF YOU OVERPAID or NOT CORRECT>>

just a thought..

This has NOTHING to do with whether or not the OP's taxes were prepared correctly. She's not seeking additional deductions or to lower her income taxes - her income does NOT support the number of persons in her household that is required by USCIS.

sigh...

And Loretta - DON'T amend your return in an attempt to get your fiance here. Tax returns are ALSO looked at when it is time to AOS and you file the I-864. Discrepencies that are purposeful are considered a material misrepresentation and are grounds for lifetime bans for immigration purposes.

[Housni&Marie 7]

If I understand correctly, your lawyer is telling you that by amending your past taxes to only claim 1 child this will decrease your household size and therefore lower your income limit to be able to sponsor. Even if you did amend your past taxes to claim only one child, it won't change anything. All your children have to be counted in your household size whether you claim them as a dependent or not (even if they do not live with you).

[meandmybeloved 15]

This has NOTHING to do with whether or not the OP's taxes were prepared correctly. She's not seeking additional deductions or to lower her income taxes - her income does NOT support the number of persons in her household that is required by USCIS.

sigh...

And Loretta - DON'T amend your return in an attempt to get your fiance here. Tax returns are ALSO looked at when it is time to AOS and you file the I-864. Discrepencies that are purposeful are considered a material misrepresentation and are grounds for lifetime bans for immigration purposes.

Oh, do not worry, I will not do anything like that at all. NO WAY!!!! I just needed to make sure that my gut was talking correctly to me. lol.

I would never ever be able to live with myself if I did such a thing as that. Now that I have confirmation that it is against the law. I refuse to

go against the law for any reason. I love my fiance more than anything in the world, but I would not break the law for him. I will continue to search

out another possibility in case I don't find a co-sponsor.

And , I wrote my attorney back and told her that I can not believe that she would suggest such a thing and ask me to commit visa fraud.

DO NOT WORRY , I WILL NOT , WILL NOT, TAKE THE STUPID ADVICE OF MY ATTORNEY.