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

[jdh 103]

[quote name='Harpa Timsah' timestamp='1338851518' post='5417939'

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.

This is the problem I see as well...

There is a different between why you were not required and why you haven't.

I hope they give you the time but you are leaving a lot of hope in the hands of a case processor who doesn't need to care about your situation - they look for facts and correct responses.

[Harpa Timsah 13,258]

http://www.visajourney.com/forums/topic/261614-possible-case-denied/page__view__findpost__p__4077430

Here is someone that was denied for failure to respond properly to an RFE.

[visa123 0]

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.

my bad attitude? I hardly have a bad attitude.. it could be a lot worse considering im about to have a baby in 3 weeks and im dealing with all of this. You said I needed to file taxes and what did i do??

I said PERSONAL OPINIONS ASIDE. I don't need to be lectured, thats not what i came to this forum for... I came here to get some helpful advice from people who have been there. We called the state tax board... someone filed taxes under my husbands name and SIN so theres no way we could even file. I have called multiple immigration lawyers recently, all said if I respond to the RFE with a letter from the CPA stating that this is the case then they will accept it. I don't understand why i even have a co sponsor if they are solely relying on my husbands tax forms to either deny or accept my case. I was told when we first filed that if we had a co sponsor it would be fine. So I guess your saying all the immigration lawyers are lying?

and maybe you should take into consideration the sensitivity of the case before attacking. We have a brand new baby on the way andall of this has been very stressful.

I may have argued but the very next day after I posted that, we went in to file our taxes.

So what are you suggesting? we just don't send ANYTHING in.. that seems ludacris. The immigration attorneys i have talked to all said a letter from the CPA will do, and they will request our tax forms at the interview especially since I have a cosponsor

[visa123 0]

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.

lol what do you mean by that?

[him4life 13]

i thought the most recent tax year (2011) was the one that immigration was interested in, i know they ask to state the last three years but i thought i read somewhere that u at least filed the most recent year, correct me if am wrong, and on another note most of the lawyers seems to not know a thing, we on this site prolly knows more than the damn lawyers themselves, i consulted with some and we wernt satisfied with their knowledge, one had to consult a big textbook everytime we asked him a question, they only looking for a way to make money

[Penguin_ie 5,986]

** two topics on the same issue merged. ****

[visa123 0]

http://www.visajourney.com/forums/topic/261614-possible-case-denied/page__view__findpost__p__4077430

Here is someone that was denied for failure to respond properly to an RFE.

so that is our fate then? they will deny my case and I will have to leave the country? I am in tears right now. I love my husband more than anything and I want our baby girl to be with her family

[visa123 0]

http://www.visajourney.com/forums/topic/261614-possible-case-denied/page__view__findpost__p__4077430

Here is someone that was denied for failure to respond properly to an RFE.

so that is our fate then? they will deny my case and I will have to leave the country? I am in tears right now. I love my husband more than anything and I want our baby girl to be with her family

[Harpa Timsah 13,258]

so that is our fate then? they will deny my case and I will have to leave the country? I am in tears right now. I love my husband more than anything and I want our baby girl to be with her family

I know you love your husband, and I know you are stressed out with baby on the way. But all of this "I don't understand why they would do this" or "I don't understand why we even need tax returns with a co-sponsor" etc is NOT helping your case, and in fact, harming it.

Relax, and take a breath.

If they deny your case, you will REFILE I-485, as I said. The I-130 will still be in play so you don't have to pay twice for that at least. They will deny without prejudice based on failure to submit correct evidence.

It is also possible that they will send a second RFE.

There is nothing you can do but wait and have a plan to refile. I hope I am wrong and they let you show it at interview.

Please fire your lawyer. S/he is the one who told you to file without proper evidence and also had you lie on your forms and say your husband is unemployed.

Relax and don't cry. But please, take this seriously and have a plan.

[visa123 0]

I know you love your husband, and I know you are stressed out with baby on the way. But all of this "I don't understand why they would do this" or "I don't understand why we even need tax returns with a co-sponsor" etc is NOT helping your case, and in fact, harming it.

Relax, and take a breath.

If they deny your case, you will REFILE I-485, as I said. The I-130 will still be in play so you don't have to pay twice for that at least. They will deny without prejudice based on failure to submit correct evidence.

It is also possible that they will send a second RFE.

There is nothing you can do but wait and have a plan to refile. I hope I am wrong and they let you show it at interview.

Please fire your lawyer. S/he is the one who told you to file without proper evidence and also had you lie on your forms and say your husband is unemployed.

Relax and don't cry. But please, take this seriously and have a plan.

ok sorry if i come off really stressed out. I realize we should have been more organized from the beginning. you are right, my responses are not helping the situation. I guess the best thing to do at this point is send in what I have and hope for the best. I just saw the link you posted the person in it stated that they were required to leave within 30 days of being denied. Wasn't really clear on that

[Harpa Timsah 13,258]

The letter will say (apparently) that you have 30 days to leave, yes or file a motion to reopen (which I believe is not the good path to follow because you have to prove that information that was available was not properly examined which isn't the case). But, it won't tell you to refile the I-485, which is what, I think, you should do. You can refile, because the I-485 will be denied without prejudice (which means you are not banned/inadmissible but rather you failed to submit proper paperwork).

Whoever told you that your husband didn't need taxes when you have a co-sponsor completely lied, YES. I hope you can see that now. Your husband is the primary sponsor, even if is below the poverty line, and any sponsor must have taxes or make below the tax threshold. Also, to repeat, failure to respond properly to an RFE usually results in a denial, as you an see in that case I posted.

Edited June 5, 2012 by Harpa Timsah

[visa123 0]

The letter will say (apparently) that you have 30 days to leave, yes or file a motion to reopen (which I believe is not the good path to follow because you have to prove that information that was available was not properly examined which isn't the case). But, it won't tell you to refile the I-485, which is what, I think, you should do. You can refile, because the I-485 will be denied without prejudice (which means you are not banned/inadmissible but rather you failed to submit proper paperwork).

Whoever told you that your husband didn't need taxes when you have a co-sponsor completely lied, YES. I hope you can see that now. Your husband is the primary sponsor, even if is below the poverty line, and any sponsor must have taxes or make below the tax threshold. Also, to repeat, failure to respond properly to an RFE usually results in a denial, as you an see in that case I posted.

well lets hope this letter works then, or they will request an RFE. If I have to refile .. do I have to pay the $1500 fees again? I assume my lawyer will be quite surprised if I get denied as she was the one who said we didn't need taxes in the first place. I hope she will take the responsibility of making a mistake if that is truely the case

[visa123 0]

The letter will say (apparently) that you have 30 days to leave, yes or file a motion to reopen (which I believe is not the good path to follow because you have to prove that information that was available was not properly examined which isn't the case). But, it won't tell you to refile the I-485, which is what, I think, you should do. You can refile, because the I-485 will be denied without prejudice (which means you are not banned/inadmissible but rather you failed to submit proper paperwork).

Whoever told you that your husband didn't need taxes when you have a co-sponsor completely lied, YES. I hope you can see that now. Your husband is the primary sponsor, even if is below the poverty line, and any sponsor must have taxes or make below the tax threshold. Also, to repeat, failure to respond properly to an RFE usually results in a denial, as you an see in that case I posted.

what I don't understand is how a top rated lawyer would put their company at risk by LYING to a client... i was told from the beginning that as long as we had a joint sponsor we didn't need to provide tax returns. It just really makes no sense to me. I'm not saying your wrong but somethings gotta give.. i mean lying to a client and providing false information is fraud, and I made sure I went to a top rated lawyer that had dealt with cases similar to mine

[Harpa Timsah 13,258]

what I don't understand is how a top rated lawyer would put their company at risk by LYING to a client... i was told from the beginning that as long as we had a joint sponsor we didn't need to provide tax returns. It just really makes no sense to me. I'm not saying your wrong but somethings gotta give.. i mean lying to a client and providing false information is fraud, and I made sure I went to a top rated lawyer that had dealt with cases similar to mine

I answered this before.

Your lawyer LIED to you. You should report her to the bar. I am not sure what "top-rated" means, but we see shady layers here all of the time. is it an immigration lawyer? "Top-rated" by whom? for what?

If you read the I-864 instructions, it will become very clear to you. You don't need to pay someone to misread very clear instructions.

I already told you a few times that if the I-495 is denied the I-130 should still be in play. The I-130 is $420. The I-485 is $1070. If denied and you refile, you will have to pay $1070 again.

I suggested you make the lawyer pay to refile.

Please fire your lawyer. I bet your lawyer will be more than happy to take you money and file frivolous motions to reopen and file motions to appear in court, all the while charging you more and more.

This website would have told you to file taxes before filing for free.

I hope more people respond so my information is confirmed. Then maybe you will believe it.

Edited June 5, 2012 by Harpa Timsah

[visa123 0]

I answered this before.

Your lawyer LIED to you. You should report her to the bar. I am not sure what "top-rated" means, but we see shady layers here all of the time. is it an immigration lawyer? "Top-rated" by whom? for what?

If you read the I-864 instructions, it will become very clear to you. You don't need to pay someone to misread very clear instructions.

I already told you a few times that if the I-495 is denied the I-130 should still be in play. The I-130 is $420. The I-485 is $1070. If denied and you refile, you will have to pay $1070 again.

I suggested you make the lawyer pay to refile.

Please fire your lawyer. I bet your lawyer will be more than happy to take you money and file frivolous motions to reopen and file motions to appear in court, all the while charging you more and more.

This website would have told you to file taxes before filing for free.

I hope more people respond so my information is confirmed. Then maybe you will believe it.

the lawyer will not pay to refile if everything you are saying is true.. I know this for a fact , if she knowingly lied to me she definitely will have no problem just not taking the blame and dropping my case altogether.

Yes she is an immigration lawyer, her firm was highly rated on the immigration lawyers website. I also called a few other lawyers to get their input and they all agreed a letter from the CPA would do. they said if it didnt they will simply ask me to bring the correct info to the interview