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

[DandT14 272]

wow so we have contacted the IRS to find out what he owes and which tax dates he is missing and apparently someone has been filing taxes under my husbands name! not sure what we can do about this anyone have any advice? I guess this wont be a job that can be cleaned up by the deadline for the RFE

Wow, I'm so sorry that this is turning into such a mess for you. There is a way to report this to the IRS. Did you get a phone number when you spoke to them?

As for your RFE, my thought would be to go ahead with meeting the CPA. It's still possible that your husband didn't make enough to be required to file, and then you can get a letter to satisfy the RFE. If he did need to file, then my suggestion would be to open the investigation with the IRS, get documentation of everything you can, and submit that to immigration along with a letter explaining the situation. Maybe someone else can think of something better.

Also, you can easily request several years of transcripts on the IRS website. That might help you identify which are your husbands and which are the fakes.

Edited May 18, 2012 by SterlingDandT

[DandT14 272]

Here, I got this from the IRS website:

Q: Someone is using my Social Security number. What can I do?

A: File your past due return reporting all income you received. If you had no income, send a letter explaining your situation. To verify misuse of your Social Security number, please attach documentation (copy of a police report or correspondence to your bank, employer or the Social Security Administration) OR a signed statement AND copies of both your Social Security card and a federal or state issued identification.

Refer to the Federal Trade Commission’s site for specific steps to take in the event of identity theft.

Also, contact the Social Security Administration (SSA) at www.ssa.gov if your card was lost or stolen to request a new number or to help correct your earnings record.

[jdh 103]

wow so we have contacted the IRS to find out what he owes and which tax dates he is missing and apparently someone has been filing taxes under my husbands name! not sure what we can do about this anyone have any advice? I guess this wont be a job that can be cleaned up by the deadline for the RFE

As you can see from the post above, this doesn't change anything in regards to what you need to do.

Keep your meeting, file the taxes and deal with the other issue seperately.

Your plan should not have changed because of this. Getter done!

FYI - they wouldn't be able to tell you what he ows - that is what the tax pro is for.

Edited May 19, 2012 by jdh

[visa123 0]

hi everyone! just an update/ new question! So we went to a CPA and paid the fees to begin filing. As we are short on money right now with the new baby due in 3 weeks I have taken on the work load of organizing everything (making spreadsheets for every bank account and cash for every month since 2009... sigh) but anyways this is quite a lengthy job and I will not be able to complete it and have our taxes in by friday (whcih is when the RFE is due) my lawyer said that I can provide a letter from my husband stating that we are in the process of filing our taxes with a CPA (also included the name and phone number of our CPA). Does anyone know if this will work for the RFE for now? I know they will probably ask to see the most recent tax return at the time of the interview but it will definitely be finished by then! I have been working hard at this for 2 weeks straight now so I'm really hoping the letter will work!

[visa123 0]

hi everyone! I had posted another topic a couple of weeks ago but wasn't sure whether to comment on that or start a new topic so here it goes! I had originally posted about a request for RFE we received which asked for either a) my husbands most recent tax returns or b) a letter from him stating why he does not need to file taxes. All personal opinions aside please. We realized that he should have been filing taxes as he is self employed so we hired a CPA to help. out. having a new baby on the way (she is due in 3 weeks!) we were short on money so to save the accountant time, I have taken on the hard part by myself (organizing all bank account statements, entering them into monthly spreadsheets for the past three years, and organzing all receipts) Our RFE is due on friday and there is no way this will all be finished by then. My question to everyone is, will a letter with the name and phone number of our CPA stating we are in the process of filing our most recent tax returns, do? we will definitely have our taxes sorted out by the time of the interview but I just don't see any other option. We have a co sponsor ad they included their most recent tax return. Any help would be greatly appreciated!

[Harpa Timsah 13,258]

I am not hopeful this would work. Who suggested this, your lawyer or your CPA?

[visa123 0]

my lawyer did. Not sure what our other options are at this point. do you have any other suggestions?

[Harpa Timsah 13,258]

No, I don't unfortunately. I think that is the only choice, but like I said, I am not hopeful.

Not that it matters now, but your lawyer did you a serious disservice by letting you apply before you had finished all those back taxes. That lawyer put your case and your status in jeopardy.

If you are denied, the I-130 will still be in play and you will refile the I-485. I'd ask your lawyer to pay for the refiling fee, if it comes to that.

[Penny Lane 8,159]

I do not believe this will work for you, however, I have no other suggestion. I hope everything works out for the best.

[SOflaherty 40]

hi everyone! just an update/ new question! So we went to a CPA and paid the fees to begin filing. As we are short on money right now with the new baby due in 3 weeks I have taken on the work load of organizing everything (making spreadsheets for every bank account and cash for every month since 2009... sigh) but anyways this is quite a lengthy job and I will not be able to complete it and have our taxes in by friday (whcih is when the RFE is due) my lawyer said that I can provide a letter from my husband stating that we are in the process of filing our taxes with a CPA (also included the name and phone number of our CPA). Does anyone know if this will work for the RFE for now? I know they will probably ask to see the most recent tax return at the time of the interview but it will definitely be finished by then! I have been working hard at this for 2 weeks straight now so I'm really hoping the letter will work!

I hope so, but my understanding is typically the deadline is the deadline, and if you don't respond in time they will close your case. Crossing fingers for you.

[visa123 0]

I hope so, but my understanding is typically the deadline is the deadline, and if you don't respond in time they will close your case. Crossing fingers for you.

we are sending in evidence . they asked for either a letter stating why we haven't filed taxes or our most recent tax return. we are providing them with a letter that states we are in the process of filing and our CPA is providing a lettter as well. hope it works !

[visa123 0]

No, I don't unfortunately. I think that is the only choice, but like I said, I am not hopeful.

Not that it matters now, but your lawyer did you a serious disservice by letting you apply before you had finished all those back taxes. That lawyer put your case and your status in jeopardy.

If you are denied, the I-130 will still be in play and you will refile the I-485. I'd ask your lawyer to pay for the refiling fee, if it comes to that.

I do not see why they would deny my case simply because we don't have our tax returns RIGHT at this moment. they requested either a) our most recent tax return or b) a letter stating why we don't have them. We called the state tax board to see how to file for 2011 and were told that someone had used my husbands social insurance number to file taxes so thats why its taken a little longer to get them in, because we have to file for identity theft before anything. My grandparents (who are US citizens) are co-sponsoring as well.

[DandT14 272]

I think that's your best bet. A letter stating why you haven't filed, and evidence from your CPA that you are in the process of filing. Not sure what else you can do. Good luck.

[jdh 103]

we are sending in evidence . they asked for either a letter stating why we haven't filed taxes or our most recent tax return. we are providing them with a letter that states we are in the process of filing and our CPA is providing a lettter as well. hope it works !

Good luck with it. At least you are giving an adequate reason - they may just require you to present them at the interview.

Of course that may depend on who receives it and if they have the ability to logically process information.

[Harpa Timsah 13,258]

I do not see why they would deny my case simply because we don't have our tax returns RIGHT at this moment. they requested either a) our most recent tax return or b) a letter stating why we don't have them. We called the state tax board to see how to file for 2011 and were told that someone had used my husbands social insurance number to file taxes so thats why its taken a little longer to get them in, because we have to file for identity theft before anything. My grandparents (who are US citizens) are co-sponsoring as well.

They will deny because failure to properly respond to an RFE within the allotted time results in denial. They gave you 87 days or something to comply, and furthermore, you should have known you needed to comply by reading the instructions when you first filed. I have seen people get denied for improperly responding to an RFE. It can and does happen, just like we say.

I am sorry if I come off mean but your bad attitude has harmed you. This was all explained in your other thread. I told you you would need to file taxes and you argued and argued. It turns out I was right. I am telling you what will most likely happen and you argue again. I wonder what will happen.

ETA: The letter is NOT asking for "reason why you don't have them." You are misinterpreting it. The letter says if you were statutorily not required to file taxes, you don't need them if you can show the statute. I am late is not a good excuse, as I have explained.

Edited June 4, 2012 by Harpa Timsah