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

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Filed: K-1 Visa Country: Peru
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OMG here we ago. She did not ask for business advice. Why can we not all focus on the immigration question?

If your husband has not filed then just do a 1040-X and file all his past taxes that may be missing. It should not be that hard and he does not have to pay them at that time. Yes, you will incur penalty and interest, but that is another problem for another day. So you can file all of those in a few days easily. If you do so then he will at least have all the documentation. Any competent accountant can do it for you easily. Also, you can do it yourself. Yes, they may well require those taxes. If I was you I would file any past years that are not filed now and take them with you. Explain what happened and hope for the best.

Also, has he just not filed this years? If so no big deal, just have him file an extension if need be. If it is this years only then he can also file them and be current and have no worries.

Hope it helps.

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Being completely uninformed you should really just get a tax pro to help you out that way it can be done quickly, efficiently and correctly.

Using your husbands lawyer would not have helped - most lawyers are less informed on immigration law than they would let on and even more so if they are just a general law practitioner.

You are in the right place when it comes to immigration help - all the answers you will need in that dept. can be found here. When it comes to your taxes I think the best bet for you is going to be getting a pro.

You don't need to withdraw your application - that would be a huuuuge waist of money. They will send an RFE or request it at the interview. The right thing to do is just take care of the tax and be ready - do that and you will be dandy.

Also, the question regarding your grandparents co-sponsoring is legitimate and I would suggest answering that one.

thank you thank you thank you!! lol I feel a lot better about things. I have found a tax professional in my area and I will be contacting them. Problem is.. my lawyer had told me to write that he was unemployed on the i 894.... also they sent an RFE and my lawyer also told us to write a letter stating that he hadn't filed becuse he was unemployed and the business just started gaining revenue... that doesn't even make sense to me but still.

My grandparents do live in the US. My grandmother is a citizen and my grandfather is a greencard holder

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Filed: AOS (apr) Country: Canada
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thank you thank you thank you!! lol I feel a lot better about things. I have found a tax professional in my area and I will be contacting them. Problem is.. my lawyer had told me to write that he was unemployed on the i 894.... also they sent an RFE and my lawyer also told us to write a letter stating that he hadn't filed becuse he was unemployed and the business just started gaining revenue... that doesn't even make sense to me but still.

My grandparents do live in the US. My grandmother is a citizen and my grandfather is a greencard holder

Ok, that's great about your grandparents.

Did you already send that letter?

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (apr) Country: Canada
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thank you thank you thank you!! lol I feel a lot better about things. I have found a tax professional in my area and I will be contacting them. Problem is.. my lawyer had told me to write that he was unemployed on the i 894.... also they sent an RFE and my lawyer also told us to write a letter stating that he hadn't filed becuse he was unemployed and the business just started gaining revenue... that doesn't even make sense to me but still.

Let's pretend for a moment that the lawyer is correct, and you can write the letter saying he was unemployed and his business only just started generating revenue. Wouldn't you feel a whole lot better if you had a tax professional write something up for you stating that he did not need to file taxes those years? I have to believe that immigration would like it a lot better too.

That's the way I would handle it. You might have to pay a tax person some money, but at least you'll have an actual professional's statement on the matter.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Ok, that's great about your grandparents.

Did you already send that letter?

No I have not. I contacted my lawyer she said it hasn't been sent yet so do you think I should wait on that until we see a tax professional? we have a free consultation that we are going to attend and figure out where we stand.

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Filed: AOS (apr) Country: Canada
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Let's pretend for a moment that the lawyer is correct, and you can write the letter saying he was unemployed and his business only just started generating revenue. Wouldn't you feel a whole lot better if you had a tax professional write something up for you stating that he did not need to file taxes those years? I have to believe that immigration would like it a lot better too.

That's the way I would handle it. You might have to pay a tax person some money, but at least you'll have an actual professional's statement on the matter.

I don't think that is the issue. Saying you are unemployed but then saying you have a business that just started making revenue is contradictory to itself.

If indeed he had no requirement to file taxes it would have been based on the income levels posted on the IRS instruction sheets and it would just be a matter of a short note that explains that with the applicable tax laws attached. No need for a tax pro for that.

The real issue is what the lawyer advised would be a lie. And USCIS doesn't like lies. ;)

I think we can agree he indeed was responsible for filing taxes and so it's just a matter of getting however many back years he was responsible for up to date and having the most recent (2011) available to provide either in response to this most recent RFE if it isn't too late, or for later.

My hope is that you haven't responded to the RFE yet with that letter and you can get your taxes fixed quick and send the most recent in as a response.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: Citizen (apr) Country: Iran
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I think what the lawyer is implying is that he should simply state he was unemployed with no income and therefore is not required to pay taxes, this is why he has no tax returns to submit. The statement about "INS" and IRS being two different units means that she is saying no one will ever know that he "stretched the truth" and is really self-employed and never filed taxes as required. Since a self-employed person doesn't send in W-2s on themselves the IRS really has now way to know they have their own business unless they get caught at it.

I personally knew a State Tax investigator and he would make trips to flea markets and such to verify vendors had the state tax permits and were paying taxes on what they made. He would watch the vendor for a few hours and guesstimate how much their income was and then check it with the state revenue records to see what, if anything, they reported.

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Filed: Citizen (apr) Country: Russia
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I think what the lawyer is implying is that he should simply state he was unemployed with no income and therefore is not required to pay taxes, this is why he has no tax returns to submit. The statement about "INS" and IRS being two different units means that she is saying no one will ever know that he "stretched the truth" and is really self-employed and never filed taxes as required. Since a self-employed person doesn't send in W-2s on themselves the IRS really has now way to know they have their own business unless they get caught at it.

I personally knew a State Tax investigator and he would make trips to flea markets and such to verify vendors had the state tax permits and were paying taxes on what they made. He would watch the vendor for a few hours and guesstimate how much their income was and then check it with the state revenue records to see what, if anything, they reported.

What you say is not necessarily true. A self-employed individual could be issued 1099's for Non-Employee compensation for other businesses that he may do work for. If the IRS get's the 1099's and there isn't a return for that entity then it will raise questions.

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I think what the lawyer is implying is that he should simply state he was unemployed with no income and therefore is not required to pay taxes, this is why he has no tax returns to submit. The statement about "INS" and IRS being two different units means that she is saying no one will ever know that he "stretched the truth" and is really self-employed and never filed taxes as required. Since a self-employed person doesn't send in W-2s on themselves the IRS really has now way to know they have their own business unless they get caught at it.

I personally knew a State Tax investigator and he would make trips to flea markets and such to verify vendors had the state tax permits and were paying taxes on what they made. He would watch the vendor for a few hours and guesstimate how much their income was and then check it with the state revenue records to see what, if anything, they reported.

yes but we were not trying to lie and he also has a business website stating it was established in 2008. the UCIS would look into that.

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Filed: AOS (apr) Country: Canada
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also my lawyer said the RFE is due June 8.. I don't know if we will have time to prepaer for and file taxes by that date..

That is lots of time if you do it immediately - that's over three weeks away.

Contact the tax guys and get them the stuff they need immediately then get a complete copy of everything they send to the IRS pertaining to your 2011 filing and send that off to USCIS.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (apr) Country: Canada
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I don't think that is the issue. Saying you are unemployed but then saying you have a business that just started making revenue is contradictory to itself.

If indeed he had no requirement to file taxes it would have been based on the income levels posted on the IRS instruction sheets and it would just be a matter of a short note that explains that with the applicable tax laws attached. No need for a tax pro for that.

The real issue is what the lawyer advised would be a lie. And USCIS doesn't like lies. ;)

I think we can agree he indeed was responsible for filing taxes and so it's just a matter of getting however many back years he was responsible for up to date and having the most recent (2011) available to provide either in response to this most recent RFE if it isn't too late, or for later.

My thought was that if his profit and loss sheet showed that the business was a financial loss, he might not be required to file taxes. When I did a quick check, it said that you had to net $400 in income to be required to file. And, maybe he didn't net anything. So, if an accountant could help them prepare a profit and loss statement for those years, (assuming he doesn't already have it), then perhaps he really doesn't need to file.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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I don't think that is the issue. Saying you are unemployed but then saying you have a business that just started making revenue is contradictory to itself.

If indeed he had no requirement to file taxes it would have been based on the income levels posted on the IRS instruction sheets and it would just be a matter of a short note that explains that with the applicable tax laws attached. No need for a tax pro for that.

The real issue is what the lawyer advised would be a lie. And USCIS doesn't like lies. ;)

I think we can agree he indeed was responsible for filing taxes and so it's just a matter of getting however many back years he was responsible for up to date and having the most recent (2011) available to provide either in response to this most recent RFE if it isn't too late, or for later.

My hope is that you haven't responded to the RFE yet with that letter and you can get your taxes fixed quick and send the most recent in as a response.

also i was just talking to my lawyer and she did infact write that he was self employed.. not unemployed. I guess thats why she had me write the letter stating that he had yet to gain revenue from the business. which is true..

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Filed: AOS (apr) Country: Canada
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also i was just talking to my lawyer and she did infact write that he was self employed.. not unemployed. I guess thats why she had me write the letter stating that he had yet to gain revenue from the business. which is true..

Ok, so did he make ANY money at all during the years in question? If not, how did he support himself?

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

also i was just talking to my lawyer and she did infact write that he was self employed.. not unemployed. I guess thats why she had me write the letter stating that he had yet to gain revenue from the business. which is true..

Ok...

So whichever way we want to look at things and all the ins and outs don't change what needs to be done right away, and that is put everything into the hands of a tax pro and find out of you actually were required to file.

We can sit here and speculate all day long, but bottom line is that it isn't worth taking the chance.

If he had money coming to his pockets from any source at all the odds are that he was supposed to file.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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