K1 No Tax returns

[#Brava 24]

Hey there!

 

I'm so stressed right now y'all...

 

So, couple of weeks ago I tried to get my tax transcripts and I couldn't so I started questioning why...

 

Long story short, my tax attorney that I had no problem with for over 10 years scammed me. He hasn't done my taxes in 3 years (2014-2016)! I don't know what to do at this point. We're still waiting for our NOA2 and I know that I need my tax returns for the interview. Is there anything I can do? I'm working on filing my taxes right now with another attorney but I'm not sure how long it's gonna take before I'll be able to get the transcripts.

 

Thank you! 

[KimchiLumpia 315]

23 minutes ago, #Brava said:

Hey there!

 

I'm so stressed right now y'all...

 

So, couple of weeks ago I tried to get my tax transcripts and I couldn't so I started questioning why...

 

Long story short, my tax attorney that I had no problem with for over 10 years scammed me. He hasn't done my taxes in 3 years (2014-2016)! I don't know what to do at this point. We're still waiting for our NOA2 and I know that I need my tax returns for the interview. Is there anything I can do? I'm working on filing my taxes right now with another attorney but I'm not sure how long it's gonna take before I'll be able to get the transcripts.

 

Thank you! 

Yikes! That's crazy!  Lawyers already have a bad rep, and this guy just added to it!
 

First off, I would have a co-sponser ready to go.  I've dealt with messy tax situations in the past, and the IRS isn't exactly known for their swiftness.  

 

Hopefully, your new lawyer can have everything sorted out by the time your fiance's interview happens.  If not, I would have your lawyer file an extension for your 2016 tax records to give him time to sort this mess out.
 
At your fiance's interview, have your 2016 W2s and your IRS letter stating your tax filing extension.  The consular officer may accept your case without our 2016 transcript, but most likely, your case will get turned over to Administrative Processing.  Basically, your file will be in limbo, until you provide the tax transcript documents requested by the consular officer:  http://www.***removed***/visas/221grefusal/

 

The best way to avoid all this is to have a co-sponsor.

 

Edited April 27, 2017 by KimchiLumpia

[KimchiLumpia 315]

I should also mention, some countries do not allow co-sponsors.  I'm 100% sure if Russia allows co-sponsors.  Perhaps a VJ member from Russia can chime in as well.

[USC1961 251]

52 minutes ago, KimchiLumpia said:

At your fiance's interview, have your 2016 W2s and your IRS letter stating your tax filing extension.  The consular officer may accept your case without our 2016 transcript, but most likely, your case will get turned over to Administrative Processing.  Basically, your file will be in limbo, until you provide the tax transcript documents requested by the consular officer:  http://www.***removed***/visas/221grefusal/

 

The best way to avoid all this is to have a co-sponsor.

 

Really depends on the embassy. I'm not sure about Russia at all.   But if you can prove current income with a letter from employer and paystubs, that may be enough.  Read the K1 guide and have as much ammunition as possible.  The interview letter from the russian embassy will let you know if tax transcripts are really necessary.

 

On another note, are your taxes really that complicated that you have to get an attorney to file them for you?  The 2016 transcript at this moment would be priorty.  So if that gets done first you would be in a better position for sure. 

Edited April 27, 2017 by Cruise77

[freshheir 6]

I'm not sure if it's so simple to do in Russia, but here in Canada I can do a very simple sort of online tax file in about 20 minutes and it'll usually be sent back to me within a week. If it's available to you, maybe as a safety net you can do this past year on your own to get it done faster and just have your attorney due the remaining years and help you recover from your ex-lawyer. Generally it's not going to get as generous of a return to you because of small details that aren't available to include in the filing, but would be worth it to get your approval at the interview! Otherwise, let your new attorney know the issue and urgency, and perhaps ask for the 2016 rush (most businesses will rush their work for a price!), then wait for the rest like you otherwise would.

[Peot 134]

Agreeing with Freshheir above. If there's any way you can do your tax returns quickly to get them filed, you should have the returns processed relatively quick as well. Again, same as her, that's what we can have done in Canada - not sure how it works in Russia. Notice of Assessment of taxes is usually sent back within a week to one month max (but can also be printed immediately online).

 

Worst case scenario is that I'd pay someone (another lawyer you can trust, a tax preperation company, accountant, etc) to do the 3 full returns properly... timeline doesn't change if you get them to put a priority on it.

 

Wishing you luck!

[Jojo92122 1,924]

You will need proof that your tax returns are filed.  Once your new attorney files your tax returns, you can use them for the immigration process.  You don't have to wait for tax transcripts.

 

Having a co-sponsor does not help since the petitioner is still required to have file tax returns or valid excuses as to why filing was not required.  Having a co-sponsor does not alleviate the requirements for your tax returns.

[#Brava 24]

Thank you everyone for all the responses!!! 

[#Brava 24]

On 4/27/2017 at 9:28 PM, Jojo92122 said:

You will need proof that your tax returns are filed.  Once your new attorney files your tax returns, you can use them for the immigration process.  You don't have to wait for tax transcripts.

 

Having a co-sponsor does not help since the petitioner is still required to have file tax returns or valid excuses as to why filing was not required.  Having a co-sponsor does not alleviate the requirements for your tax returns.

So what exactly do I need to show them if it's not tax returns? I doubt I'm gonna have those by the time I have to go to the interview but I do think I'll be able to file them. 

[#Brava 24]

One more question. I'm self-employed. What kind of document do I need in order to proof my employment? 

[Dan and Wee 9]

If you don't owe the government any money, don't sweat the returns as much.  If the IRS owes you money for any of those years, you are able to get interest on what you were supposed to get back.  There was a guy I did taxes for a few years back that only did his taxes once every 3 years (because that's as far back as you can file and still get a return)...he would get interest on what he was owed.  I don't remember how much the interest was, but it was a neat little trick I learned from him. 

 

From everything I have been told (because my 1040 shows 0 income due to a tax free combat location)...your W2 should work.  Just make sure all your ducks are in a row and you can show them what happened.  What I would do is provide original copies to your fiancée for the interview, and show them what you have done to get your returns.