daniel046

2 minutes ago, JKLSemicolon said:

 

And was this before or after you answered the question on the I-485 that asks, "Have you EVER worked in the United States without authorization?"

After,

As I have answered Yes to that question so I am fairly certain I didn't misrepresent myself.

ISO did take I-20s that I had and my lawyer was asking if is it possible that there is a misrepresentation when I applied for I-20. But school never asked me that question ever before issuing I-20 so I am not sure if that counts as misrepresentation. 

2 hours ago, Crazy Cat said:

You don't have to have a W-2 to report income on a tax form.  You simply list it.  However, to prove annual income for immigration purposes, you will need an employment letter, etc. 

Got you

I don't need to prove income for I-864. 

I am just worried about if USCIS thinks that's CIMT, so if I were to amend a tax return would that still be a possibility or not?

7 hours ago, SalishSea said:

Let me guess, now you’re in a bind because household income is inadequate for sponsorship?

 

Yes, that’s tax evasion, and yes you need to pay taxes on your income like everyone else.

So, we had a joint sponsor already. So, I-864 was not a problem ISO just looked at tax transcript which my wife and I filed and he made that comment because adjusted gross income was a not close to $25,000 or more.

Now I understand it's tax evasion and I would like to go ahead and pay tax on it as I haven't received anything from IRS, so I should simply just amend the return and it should be good to go correct?

7 hours ago, JKLSemicolon said:

Since you know that the tax return was filed without reporting a significant amount of income, then amending it seems appropriate to correct that. As for how to report it, without knowing more details the possibilities might include asking the employer to provide a W-2, reporting it on Form 4852 (if the employer will not provide a W-2), or reporting it as self-employment income; in the end it would be advisable to consult a tax professional to be sure. In order to calculate the actual amount to report, you would have to go back through whatever records are available. Records like bank statements wouldn't necessarily be sent with the (amended) tax return but as with anything you report on a tax return, you would want to have documentation available in case of an audit. Spreadsheets are useful for this.

 

Did you have authorization to work during the time that income was earned?

 

 

No, I did not have work authorization during that time period. 

Hey,

I had my interview last week, and ISO asked how much did I make in 2022. I replied $25,000. And I made all that money working under the table, so my employer never reported anything to the IRS and I never got a W-2 either. So, I unknowingly did not file any tax on it. Thus only reported income on the IRS was from my USC spouse, and my tax transcript only had that income which was lower than $25,000, ISO said so you did not report it to the IRS, and I said "Yes". 

Now I think that this falls into tax evasion and could be considered a crime involving moral turpitude. So, how do I avoid getting denied based on CIMT? 

Should I amend my tax return and pay taxes on that? if so, How do report that income as I don't have a w2 or any proof other than a cash deposit at the Bank?

Please help me out am panicking.

Thanks

22 hours ago, ghostinthemachine said:

Other things we sent that I can think of on top of my head:

- Showing each other as beneficiaries of life insurance policies, pension accounts, emergency contacts at work 

- Any evidence of travels together - boarding passes, hotel bookings etc. If you travelled lots during said time I'd also include a brief timeline 

- Any letters/holiday/birthday cards addressed to you both or given to each other including the postmarked envelope if you still have it

- Receipts of wedding expenses and any significant gifts between you both 

- Any bills you share that have both names on them - we did electricity and Verizon iirc

- Select few screenshots of online comms you keep up as part of your day to day life from Whatsapp or w/e you use to communicate when you're not physically together

 

We didn't have any shared bank accounts or taxes at the time nor any affidavits. Our original submission was as thorough as it could've been at the time including the above and we got approved without a formal sit-down interview. 

I will try to gather as much other evidence, but she works minimum wage job and only part time, so does not have retirement account, and has insurance through medicaid so I cannot be added on.

I was wondering I have brokerage account through Robin hood, and Charles schwab, can I provide screen shot of her listed as beneficiary for those account. However, I only have total of 1000 usd invested in total as of now.

5 minutes ago, Family said:

You needed to have filed with evidence of shared life from the date of marriage , not start at filing date of I-485. 
Avoid re sending documents you already submitted. Just cover the period starting from date of marriage to today ( date of response to RFE) ..do a thorough job , it’s worth it.

I guess you are misreading it, I did submit evidence from our date of marriage until we filed I-485. But RFE is still asking for evidence from Date of marriage which was already submitted.

1 minute ago, Crazy Cat said:

Sounds like your evidence was not sufficient.   It is advisable to just give them what they want for the entire period, even if you send some redundant evidence.  Good luck.  Concentrate on quality, not quantity.

So, Would following evidence be good enough?

Lease from apartment from Jan 2020 till now we got married 6 month after and renters insurance,

Bank statements from Aug 2020 till now, joint tax return of 2 years but I did not have any income. Credit card statements for almost 1.5 years, electricity bill under both of our names, photos with different family, Does not have photos of wedding as it was done during corona lock down at courthouse, Affidavit from family members and friend.

Hey,

I just received and RFE from local FO saying "Submit evidence [my name] and [my wife's name] share a marital life together. It should cover the time period from [Marriage Date] to the present etc." But the thing is we have been married for over 2.5 years and also submitted bunch of evidence when we filed in December 2021, such as lease, credit card statement, bank account statement, renters insurance, photos, jointly filed tax return and such. 

So, I am not sure why would USCIS will need evidence from the day we got married rather than the day after we filed which was a year ago.

Should I resubmit all the documents already sent again and just add updated bank statement and leases and stuff?

Thanks for your help

2 minutes ago, PaulaCJohnny said:

The short answer is no.

They had all this time to do it and they decided not to. Doing just with the immigration intentions is not ok.

 

I don’t think this is a DIY case, you will need a competent lawyer for this.

 

Good luck.

Well, this is not just for immigration intent. As he is the only person keeping my mom little happy and not feel alone as nobody else is there for my mom except him as she is going through hardest time for her.

Ofcourse we will consult with lawyer but just needed different advice.

Hey,

I need some advice on how to navigate the situation or if it's even possible what we are trying to achieve?

So, 2 weeks ago my father passed away at age of 59, my brother soon to be US Citizen will petition for my mother(55). However, my parents took care of their nephew since he was around 5 years old currently 13 yrs old. But was never officially adopted by my parents. He considers my parents his parents as well. His father is drunkard and his mom left him when he was 5 yrs old and since then my parents took care of him. 

So, is it possible for my mom to adopt him at this age and would it be considered valid adoption for the purposes of immigration. My mother lives in India. so adoption will happen in India.

Thanks

Hey,

I need some advice on how to navigate the situation or if it's even possible what we are trying to achieve?

So, 2 weeks ago my father passed away at age of 59, my brother soon to be US Citizen will petition for my mother(55). However, my parents took care of their nephew since he was around 5 years old currently 13 yrs old. But was never officially adopted by my parents. He considers my parents his parents as well. His father is drunkard and his mom left him when he was 5 yrs old and since then my parents took care of him. 

So, is it possible for my mom to adopt him at this age and would it be considered valid adoption for the purposes of immigration. My mother lives in India. so adoption will happen in India.

Thanks

12 minutes ago, JeanneAdil said:

My thoughts are why keep the F1 which defines him as a foreign student

when now married to USC and has spent enough time in the school (college) to qualify for state  residency tuition status which is a lot cheaper 

Well, I talked to universities around my location, and they do not accept EAD or I797 of I-485 as a proof of status. So, I cannot get in state tuition. 

Hell, the state I am in is so backward that they changed rules where international student can only get 1 year of driving license even if there I- 20 expires 4 years later.

Hey

So, I have a complicated question.

I am married to US Citizen, and applied for AOS and just received my EAD yesterday. Now my question is I do not want to lose my F1 so I am thinking about not using my ead. However, while filing out AOS it asked for "Have you ever worked without Authorization?" and I said yes since I have. So, my question is let's say if my I-485 were to get denied will I still lose my F-1 since I said yes to that question? even if I keep my F-1 active?

Thanks

1 minute ago, Crazy Cat said:

Again, check out the history of @John & Rose.  

Crazy cat is correct about I-129f as in that USCIS asks about crimial history for petitioner and beneficiary.

if it was I-130 it would be different.

Sorry Crazy Cat

34 minutes ago, Cody Lehr said:

 

4 minutes ago, seekingthetruth said:

I'm slightly confused as you said you were filing with your wife (joint return) and then you keep talking about "I".  If you are filing jointly everything is "we" and the stimulus that you are both eligible for is calculated together on the stimulus worksheet.

 

What puzzles me, dependent on your validation of when you married, is why did you not file jointly with your wife in 2019 and before?  If you were married and eligible, you could have saved a lot of money on taxes by filing jointly with her.  You don't need income to file jointly with her. If it is true that you were eligible in 2019, she should file an amended return as joint with you.  It might be thousands of dollars saved.  I am not a licensed tax professional, so if you think you might qualify, it would be worth consulting one.

Sorry, if I did not clarify it correctly. We got married in 2020 so we can only file jointly together in this year not prior years. And for stimulus my wife has already received all the stimulus checks for her and her son(step-son for me). So, this time it's only me who has not received stimulus checks at all. That is why.

Hey,

So, I came in the US around June 2014 on F1, and has not left the US. I received my SSN around 2017. I did not have any job so did not need to file taxes. However, this year I am filing tax return with my wife who is US Citizen. And, while going through FreeTaxUSA it asked for recovery rebate credit questions and if I have received stimulus payments, but since I never filed tax return before I have not received stimulus payment. So, I said no. And it automatically applied prior stimulus payment amount as a refund on tax return.

So, Am I eligible to receive those stimulus payments? Because, I clearly pass substantial presence test for tax purpose and will be counted as resident alien for tax purpose. And, I have not filed any tax return prior year, and this year I will be putting in $0 as Wages, income, and also claim 1098-T, and recovery rebate credit. However, I will be putting 3k as gain on ETH crypto.

Thanks

If she were to apply for housing assistance they are going to ask who is going to stay in that house, and I assume you would be staying with her that will put you in the occupants for that housing assistance application. And that might be considered negative.