Spouse hasn't filed taxes- we have a co sponser

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; OP is in the US and has filed for AOS.

[Adriene H 89]

The Feds have been known to freeze assets, take houses, cars, and

anything that might fetch a price at auction. Anything to cover

the debt. Depends on how much your husband owes in back taxes.

[SOflaherty 40]

so lets say that they do not approve the case.. do we go to court? will they really tear a family apart because my spouse hasn't paid taxes?

No, because hopefully by then your husband will wise up and file back taxes like he should have already done since you became aware this was an issue. I truly don't understand what the problem is here, if he truly made no income, he just files for those years with no income. I wouldn't think anyone would be thick enough to let their family be torn apart because they didn't want to fill out a few forms.

[jdh 103]

so lets say that they do not approve the case.. do we go to court? will they really tear a family apart because my spouse hasn't paid taxes?

It doesn't seem like you are grasping this whole thing.

Read Harpa Timsahs post again - she had it right.

If he made over something like $3000, check the requirements on the 1040 tax instructions, than he was legally required to pay taxes.

If he did not pay his taxes despite being legally obligated to the USCIS will likely not approve the petition until he does. Not paying your taxes when obligated to speaks to character and integrity - that is why they require it.

If he did not make over that amount than he was not required to file and you simply submit the information that shows why he wasn't legally required to file. Unemployed does not matter, even though he isn't - if he owns a business he is self-employed, what matters is the income level.

Your lawyer seems like many lawyers, they spout a lot of hot air.

Listen to the people here. Be prepared to submit the taxes at your interview, because if you don't get an RFE before then you can count on it being asked for there.

How many years has he not filed for? Was there no income in those years? Than the taxes are super easy and the government may owe him money! Typically when someone resists filing so ademently it is because they are hiding something and afraid it will be discovered. Maybe that's not the case with you guys - I hope not because if it is, you can count on it being discovered sooner or later and really screwing things up.

It's not hard to file taxes, suck it up and abide by the law.

Edited May 16, 2012 by jdh

[visa123 0]

No, because hopefully by then your husband will wise up and file back taxes like he should have already done since you became aware this was an issue. I truly don't understand what the problem is here, if he truly made no income, he just files for those years with no income. I wouldn't think anyone would be thick enough to let their family be torn apart because they didn't want to fill out a few forms.

like i said, im not looking for personal opinions. I just wanted to know the legal side of things

[visa123 0]

It doesn't seem like you are grasping this whole thing.

Read Harpa Timsahs post again - she had it right.

If he made over something like $3000, check the requirements on the 1040 tax instructions, than he was legally required to pay taxes.

If he did not pay his taxes despite being legally obligated to the USCIS will likely not approve the petition until he does. Not paying your taxes when obligated to speaks to character and integrity - that is why they require it.

If he did not make over that amount than he was not required to file and you simply submit the information that shows why he wasn't legally required to file. Unemployed does not matter, even though he isn't - if he owns a business he is self-employed, what matters is the income level.

Your lawyer seems like many lawyers, they spout a lot of hot air.

Listen to the people here. Be prepared to submit the taxes at your interview, because if you don't get an RFE before then you can count on it being asked for there.

How many years has he not filed for? Was there no income in those years? Than the taxes are super easy and the government may owe him money! Typically when someone resists filing so ademently it is because they are hiding something and afraid it will be discovered. Maybe that's not the case with you guys - I hope not because if it is, you can count on it being discovered sooner or later and really screwing things up.

It's not hard to file taxes, suck it up and abide by the law.

thank you for your reply. it was the most useful one by far. I know it's not hard to file taxes we were just very unorganized having a new business and didn't get around to filing this year. We have been keeping track of all receipts, money receieved and money spent and so we will be able to file in 2013. I'm not familiar with the filing process here as I am from Canada. Its not that we are resisting filing, its just that we were unsure how to file and also were unorganized up until this point.

[jdh 103]

thank you for your reply. it was the most useful one by far. I know it's not hard to file taxes we were just very unorganized having a new business and didn't get around to filing this year. We have been keeping track of all receipts, money receieved and money spent and so we will be able to file in 2013. I'm not familiar with the filing process here as I am from Canada. Its not that we are resisting filing, its just that we were unsure how to file and also were unorganized up until this point.

Hey, I understand - I have been there it can seem overwhelming when you start.

Let me tell you this, though. I had no idea how to file here either but it actually turned out easier than in Canada.

The longer he waits the worse it gets - you are only a month behind right now. File them now. Sit down together and do the taxes. If you feel uncomfortable get some help. Waiting until 2013 just isn't going to be a viable answer this time.

Your AOS is too important to get to the interview phase and have the IO ask for something that you are unable to provide.

If they give you an RFE you have say, 60 days to provide a response...if you wait until they ask for it to actually address the taxes you may not be able to get that response back to them in time. If you don't get the response back in time your case is denied. Simple as that.

Denial because you did not respond to an RFE does not give you the right to appeal - that means starting the whole process over and paying all the fees again. Sound like an option you want to take?

Edited May 16, 2012 by jdh

[Cathi 5,610]

uscis just wants to see that your husband has filed taxes, that is the requirement of the i 864. And I am with the previous poster...lawyers don;t do much good, they only seem to want your money and will tell you what you want to hear.

[visa123 0]

Hey, I understand - I have been there it can seem overwhelming when you start.

Let me tell you this, though. I had no idea how to file here either but it actually turned out easier than in Canada.

The longer he waits the worse it gets - you are only a month behind right now. File them now. Sit down together and do the taxes. If you feel uncomfortable get some help. Waiting until 2013 just isn't going to be a viable answer this time.

Your AOS is too important to get to the interview phase and have the IO ask for something that you are unable to provide.

If they give you an RFE you have say, 60 days to provide a response...if you wait until they ask for it to actually address the taxes you may not be able to get that response back to them in time. If you don't get the response back in time your case is denied. Simple as that.

Denial because you did not respond to an RFE does not give you the right to appeal - that means starting the whole process over and paying all the fees again. Sound like an option you want to take?

Sorry if this is a stupid question but what is "RFE".

[Adriene H 89]

Sorry if this is a stupid question but what is "RFE".

Request For Evidence

[visa123 0]

uscis just wants to see that your husband has filed taxes, that is the requirement of the i 864. And I am with the previous poster...lawyers don;t do much good, they only seem to want your money and will tell you what you want to hear.

yes I understand but on the i864 it says he is unemployed. Also my grandparents are co sponsoring, which means they are taking responsibility for me. Isn't the cosponsor used if in fact your petitioner cannot show that they can support you? if they have to provide all of this information then what is the point of a cosponsor in the first place? sorry this is all so confusing!!

[jdh 103]

yes I understand but on the i864 it says he is unemployed. Also my grandparents are co sponsoring, which means they are taking responsibility for me. Isn't the cosponsor used if in fact your petitioner cannot show that they can support you? if they have to provide all of this information then what is the point of a cosponsor in the first place? sorry this is all so confusing!!

1. Unemployed is not the issue - people who are unemployed are not necessarily exempt from tax filing.

2. He is not in fact unemployed - he is self-employed.

3. Ultimately your petitioner (which is always the spouse) is responsible for you. Cosponsors are the same as a co-signer on a loan...they are essentially saying that if out our husband fails to support you, they will step in and ensure that you don't become a burden to the state.

4. It will seem much less confusing if you abide by the rules of the system and take the time to file.

Edited May 16, 2012 by jdh

[Cathi 5,610]

yes I understand but on the i864 it says he is unemployed. Also my grandparents are co sponsoring, which means they are taking responsibility for me. Isn't the cosponsor used if in fact your petitioner cannot show that they can support you? if they have to provide all of this information then what is the point of a cosponsor in the first place? sorry this is all so confusing!!

It doesn't matter if you have a joint sponsor, you husband is the petitioner. He has to file taxes...those are the rules. No one can do or say anything that changes the fact that he has to file taxes for the i-864. Or give a good reason why he doesn't have to file. In his case, he was supposed to file and didn't.

[DandT14 272]

If he truly made no money then he won't owe anything anyway. Step one, you need to figure out if he was legally required to pay taxes for all the previous years. That information should be easily available on the IRS website. If he was, then he has to fix it.

I'm sure it seems very overwhelming to think of finding all the information you need to file for several years. My advice would be to start with the most recent year and work backwards.

Good luck.

Edit: I just double checked and in 2011 if he netted more than $400.00 in self employment income he's required to file. So, chances are he does.

Edited May 16, 2012 by SterlingDandT

[Therealworld 90]

Im sorry but you state that you have a lawyer which I am sure you are paying him a pretty penny. Y is he not giving you the proper advice?