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

[Harpa Timsah 13,258]

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

Okay, believe what you want to believe. I am not trying to help you anymore.

[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.

anyways, what did you mean by "apparently" have to leave in 30 days.

[DandT14 272]

If the lawyer was told "I didn't file taxes because I didn't have any income" and then said "great, write a letter saying you didn't make any money", then I don't think the lawyer lied. It wasn't until after you had already filed your AOS that you started second guessing whether or not he should have filed taxes. Correct?

What you need to establish is whether or not your husband made enough money to be required to file taxes. It doesn't sound like you've figured that out yet, have you?

Without that information, what else can you do but send a letter saying the taxes are in the process of being filed?

[visa123 0]

If the lawyer was told "I didn't file taxes because I didn't have any income" and then said "great, write a letter saying you didn't make any money", then I don't think the lawyer lied. It wasn't until after you had already filed your AOS that you started second guessing whether or not he should have filed taxes. Correct?

What you need to establish is whether or not your husband made enough money to be required to file taxes. It doesn't sound like you've figured that out yet, have you?

Without that information, what else can you do but send a letter saying the taxes are in the process of being filed?

Yes you are correct. At the time of filing we did not know how much money he made because we didn't file taxes. so on the forms we wrote that he was self employed but didnt fill out the income part. My lawyer told me that because we had a co sponsor that we didn't need to provide tax returns. I guess she was surprised to when they sent the RFE for them.. however when we went to file taxes when we realized we needed them, we realized someone had stolen his identity and filed using his SSN. My lawyers exact words when I asked her if the letter from the CPA would work was "they aren't going to argue or deny you over identity theft, thats something out of your control"

[DandT14 272]

Yes you are correct. At the time of filing we did not know how much money he made because we didn't file taxes. so on the forms we wrote that he was self employed but didnt fill out the income part. My lawyer told me that because we had a co sponsor that we didn't need to provide tax returns. I guess she was surprised to when they sent the RFE for them.. however when we went to file taxes when we realized we needed them, we realized someone had stolen his identity and filed using his SSN. My lawyers exact words when I asked her if the letter from the CPA would work was "they aren't going to argue or deny you over identity theft, thats something out of your control"

ok, well a big part of your problem was that you didn't write his income on there (I realize you didn't know it) but they would want to see that. If you'd written, for example, "$200" for income, they probably still would have asked for tax returns, but at that point you'd send a letter saying he didn't have to file taxes because he only made $200. That didn't happen, of course, and now you don't know how much he made, if he had to file taxes, and to top it off, someone stole his SSN. Given this is the situation you're in, I'd say get the letter. Have you filed a report of any kind for the identity theft? If so, I'd send a copy of that too.

Basically your choices are to send a letter stating he wasn't required to file taxes, or to file taxes. You can't do either of those. So your only choice is to explain why and be prepared to prove it. I hope it works.

[visa123 0]

ok, well a big part of your problem was that you didn't write his income on there (I realize you didn't know it) but they would want to see that. If you'd written, for example, "$200" for income, they probably still would have asked for tax returns, but at that point you'd send a letter saying he didn't have to file taxes because he only made $200. That didn't happen, of course, and now you don't know how much he made, if he had to file taxes, and to top it off, someone stole his SSN. Given this is the situation you're in, I'd say get the letter. Have you filed a report of any kind for the identity theft? If so, I'd send a copy of that too.

Basically your choices are to send a letter stating he wasn't required to file taxes, or to file taxes. You can't do either of those. So your only choice is to explain why and be prepared to prove it. I hope it works.

Yes thats what he has done. the CPA wrote a letter confirming the identity theft and that we are in the process of getting all the necessary information to refile. He also gave his name and his phone number. I realize we could have just guessed an estimated income but at the time we had no idea so we didn't put anything. I guess we will hope for the best thanks for all your advice and I'll update when I hear back !

[visa123 0]

Yay! Got my EAD in the mail yesterday and then received my interview date today

[cjl1989 0]

can't sign into my old account but Im the one who originally made this post and I just wanted to update everyone. Despite everyone telling me it was highly unlikely I would be approved considering my situation, we were approved for my greencard last monday and the interview was very smooth and uneventful. Basically he just asked how we met, unfortunatly my medical form was filled out wrong so I just had to go back and get them to change it and then I brought it back and he gave us our approval letter. He said our newborn baby was enough evidence for him

[DandT14 272]

can't sign into my old account but Im the one who originally made this post and I just wanted to update everyone. Despite everyone telling me it was highly unlikely I would be approved considering my situation, we were approved for my greencard last monday and the interview was very smooth and uneventful. Basically he just asked how we met, unfortunatly my medical form was filled out wrong so I just had to go back and get them to change it and then I brought it back and he gave us our approval letter. He said our newborn baby was enough evidence for him

Congratulations on your approval.

Whatever happened with the taxes? Did you have to bring them to the interview?

[cjl1989 0]

Nope he didn't ask for them! We have filed our taxes but it takes awhile for them to come back!