temporary refused

[mike in cali 0]

My fiancee had her K1 visa interview on thursday jun 22. We had all our paperwork prepared, so I thought. I am self employed here in California and when we started this process I had done my 2004 tax return, but in 2005 I had no idea they would ask for this return as we were approved by the USCIS in Feb 2006. In anycase I always file for an extension for my ITR and thus my 2006 ITR is not actually due until August 2006. During the interview when it came time for my fiancee the give the AOS along with my most current tax return (thier wording not mine) this is when she handed him my 2004 ITR expalning that my 2005 tax return had not even been filed yet, or for that matter started. In an instant the interviewer handed my finacee a 221(g) which is a temporary refusal! I was shocked to hear this. Even if I'm self employed my assests are in and around $150,000! We are now waiting for the letter explaining to us what they will require. Can anyone offer some words of encouragement? Is it possible after reviewing the entire packet information they will approve her visa without having to reinterview? It seems they never even looked at my other evidence of my net worth, They were only interested in seeing a 2005 tax return. And my thought was they ask for the MOST current ITR which for me was 2004.

Now as a foot note. During our waiting period of our approval letter from the USCIS and our interview date. I had in fact filed my 2005 tax return. I mention this now beause I never expected this to be an issue. Now being self employeed I in fact filed for a loss on my taxes! Please no sarcasiam is needed. In hindsight I would certainly showed a income and filed and sent it to my finacee had I known it was the most important factor of the interview. No I haven't told my finacee of my stupidity and short sightedness. My question now is, Is it possible to have filed this return showing a loss and with my assets still get beyond this obsticle. I have even gone as afr as to think I should file yet another 2005 return showing a income, sending it into the IRS and let them weed it out, but at least I would have a 2005 ITR to send my finacee showing a income.

As you can see I'm both freaking out and beating myself up. When I read some of the post here and how easy thier process went it just kills me! I could be flying to the Philippines next week to be fetching my girl, instead we are stuck waiting for a reply from our 221(g)

Should I hire an Attorney at this point?

Thanks Mike

[gwenneh 7]

To deal with a refusal or intent to deny, you should at least consult with an attorney. There are many reasons for refusal and many ways it can be met, and I think a lawyer would have a better idea on how to handle this kind of situation.

Best of luck!

[hotairguy 0]

Manila has been known to do this. They normally are only concerned with looking at one line on the tax return and that number needs to be 125% percent of the poverty level. They always seem to ignore assets and don't take them into account. The form (221) given to your fiancee should have what they are looking from you to submit to overcome the temp denial. You may want to ask this question in the forums, asking other self employed people what got them through. Good Luck, Marilyn and Peter.

[hotairguy 0]

You should also go here and join this forum,

http://www.asawa.org/asawa/viewforum.php?f...2d20001a0da18f8

Post your question to a guy named Ray Bacon. This forum is all about immigration from the Philippines point of view and Ray know all the angles. Good Luck, Marilyn and Peter.

[mike in cali 0]

Manila has been known to do this. They normally are only concerned with looking at one line on the tax return and that number needs to be 125% percent of the poverty level. They always seem to ignore assets and don't take them into account. The form (221) given to your fiancee should have what they are looking from you to submit to overcome the temp denial. You may want to ask this question in the forums, asking other self employed people what got them through. Good Luck, Marilyn and Peter.

And what exactly would be 125% of the poverty level?

thanks

[luvaLimey 0]

Go here: http://aspe.hhs.gov/poverty/06poverty.shtml

Find your household size (if it's just the two of you = 2, if children are involved, it would be more) and multiply the poverty level by 1.25.

That is 125% of the poverty level. If you make that much in a year, you're good. If not, see if you can get a co-sponsor.

and talk to a lawyer.

[asante 0]

I thought not filing taxes denies anyone access to any federal benefit, correct?

There is also the risk of the new immigrant being a public charge. That must be why they ask for the sponsor's financial ability on the I-134. And again, showing just the assets may be misleading because the assets may be heavily leveraged (debt that exceeds assets).

Where am I wrong in this thinking?

[Yodrak 7]

Mike,

For many self-employed the tax return is about the only good indication of their income. I can understand why the consulate might want to wait to see your 2005 return before approving the visa - the 2004 return is very dated at this point.

I would say that you certainly have shot yourself in the foot with a 2005 return that shows a negative income. Assuming that you told the truth to the IRS - and I would think that a consular officer's position has to be that you did - then your business is costing you more than it's making and you're not a good bet for being able to support your fiancee. Remember, it's you who are the sponsor - not your (money-losing) business.

As for those assets - are they your assets or the business' assets? How easy is it to liquidate them as you go along to have money to live on, since you can't live on the money that you're not getting out of your business?

I would definitely have a consultation with an immigration attorney - one who has lots of experience with the consulate in Manilla, and preferably even knows the consular officers there (on a professional basis, from dealings with past clients). Such an attorney can hopefully help you to put your best foot forward - the foot that doesn't have the bullet hole in it.

Yodrak

My fiancee had her K1 visa interview on thursday jun 22. We had all our paperwork prepared, so I thought. I am self employed here in California and when we started this process I had done my 2004 tax return, but in 2005 I had no idea they would ask for this return as we were approved by the USCIS in Feb 2006. In anycase I always file for an extension for my ITR and thus my 2006 ITR is not actually due until August 2006. During the interview when it came time for my fiancee the give the AOS along with my most current tax return (thier wording not mine) this is when she handed him my 2004 ITR expalning that my 2005 tax return had not even been filed yet, or for that matter started. In an instant the interviewer handed my finacee a 221(g) which is a temporary refusal! I was shocked to hear this. Even if I'm self employed my assests are in and around $150,000! We are now waiting for the letter explaining to us what they will require. Can anyone offer some words of encouragement? Is it possible after reviewing the entire packet information they will approve her visa without having to reinterview? It seems they never even looked at my other evidence of my net worth, They were only interested in seeing a 2005 tax return. And my thought was they ask for the MOST current ITR which for me was 2004.

Now as a foot note. During our waiting period of our approval letter from the USCIS and our interview date. I had in fact filed my 2005 tax return. I mention this now beause I never expected this to be an issue. Now being self employeed I in fact filed for a loss on my taxes! Please no sarcasiam is needed. In hindsight I would certainly showed a income and filed and sent it to my finacee had I known it was the most important factor of the interview. No I haven't told my finacee of my stupidity and short sightedness. My question now is, Is it possible to have filed this return showing a loss and with my assets still get beyond this obsticle. I have even gone as afr as to think I should file yet another 2005 return showing a income, sending it into the IRS and let them weed it out, but at least I would have a 2005 ITR to send my finacee showing a income.

As you can see I'm both freaking out and beating myself up. When I read some of the post here and how easy thier process went it just kills me! I could be flying to the Philippines next week to be fetching my girl, instead we are stuck waiting for a reply from our 221(g)

Should I hire an Attorney at this point?

Thanks Mike

[mike in cali 0]

There's seems to be a misconception here. My business does make money. If anyone in America is self employed they would know we are taxed to death! Sometimes the only way to survive is to claim as many deductables on our taxes to enable us to claim a loss thereby enableling us self employed people to carry on and hopefully one day pay our (something like 47%) of our income and not stretch the truth on our tax returns.

As for my assets, yes they are all mine the biggest being my house which is worth approx. $300,000 and I currently have a mortgage of $160,000 on it.

Now I know many of you here will take offense to this but I'm desparate. What is stopping me from compiling a 2005 tax return (I use turbo tax for business) and showing I make a $30,000 income and sending that to my fiancee. By the time she get s here and we're ready to get the green card,it will be time for the 2006 ITR and then I can legitamatly show an income.

This is obviously a desparation attempt, but I doubt very much that the Embassy in Manila is tied to the US Internal Revenue computers

Mike,

For many self-employed the tax return is about the only good indication of their income. I can understand why the consulate might want to wait to see your 2005 return before approving the visa - the 2004 return is very dated at this point.

I would say that you certainly have shot yourself in the foot with a 2005 return that shows a negative income. Assuming that you told the truth to the IRS - and I would think that a consular officer's position has to be that you did - then your business is costing you more than it's making and you're not a good bet for being able to support your fiancee. Remember, it's you who are the sponsor - not your (money-losing) business.

As for those assets - are they your assets or the business' assets? How easy is it to liquidate them as you go along to have money to live on, since you can't live on the money that you're not getting out of your business?

I would definitely have a consultation with an immigration attorney - one who has lots of experience with the consulate in Manilla, and preferably even knows the consular officers there (on a professional basis, from dealings with past clients). Such an attorney can hopefully help you to put your best foot forward - the foot that doesn't have the bullet hole in it.

Yodrak

My fiancee had her K1 visa interview on thursday jun 22. We had all our paperwork prepared, so I thought. I am self employed here in California and when we started this process I had done my 2004 tax return, but in 2005 I had no idea they would ask for this return as we were approved by the USCIS in Feb 2006. In anycase I always file for an extension for my ITR and thus my 2006 ITR is not actually due until August 2006. During the interview when it came time for my fiancee the give the AOS along with my most current tax return (thier wording not mine) this is when she handed him my 2004 ITR expalning that my 2005 tax return had not even been filed yet, or for that matter started. In an instant the interviewer handed my finacee a 221(g) which is a temporary refusal! I was shocked to hear this. Even if I'm self employed my assests are in and around $150,000! We are now waiting for the letter explaining to us what they will require. Can anyone offer some words of encouragement? Is it possible after reviewing the entire packet information they will approve her visa without having to reinterview? It seems they never even looked at my other evidence of my net worth, They were only interested in seeing a 2005 tax return. And my thought was they ask for the MOST current ITR which for me was 2004.

Now as a foot note. During our waiting period of our approval letter from the USCIS and our interview date. I had in fact filed my 2005 tax return. I mention this now beause I never expected this to be an issue. Now being self employeed I in fact filed for a loss on my taxes! Please no sarcasiam is needed. In hindsight I would certainly showed a income and filed and sent it to my finacee had I known it was the most important factor of the interview. No I haven't told my finacee of my stupidity and short sightedness. My question now is, Is it possible to have filed this return showing a loss and with my assets still get beyond this obsticle. I have even gone as afr as to think I should file yet another 2005 return showing a income, sending it into the IRS and let them weed it out, but at least I would have a 2005 ITR to send my finacee showing a income.

As you can see I'm both freaking out and beating myself up. When I read some of the post here and how easy thier process went it just kills me! I could be flying to the Philippines next week to be fetching my girl, instead we are stuck waiting for a reply from our 221(g)

Should I hire an Attorney at this point?

Thanks Mike

[William33 110]

That would be falsifying your documentation. Don't do it. You would then shoot the other foot completely off and may result in an unrecoverable denial.

Contact the Immigration Attorney. One that comes highly recommended. Good luck.

There's seems to be a misconception here. My business does make money. If anyone in America is self employed they would know we are taxed to death! Sometimes the only way to survive is to claim as many deductables on our taxes to enable us to claim a loss thereby enableling us self employed people to carry on and hopefully one day pay our (something like 47%) of our income and not stretch the truth on our tax returns.

As for my assets, yes they are all mine the biggest being my house which is worth approx. $300,000 and I currently have a mortgage of $160,000 on it.

Now I know many of you here will take offense to this but I'm desparate. What is stopping me from compiling a 2005 tax return (I use turbo tax for business) and showing I make a $30,000 income and sending that to my fiancee. By the time she get s here and we're ready to get the green card,it will be time for the 2006 ITR and then I can legitamatly show an income.

This is obviously a desparation attempt, but I doubt very much that the Embassy in Manila is tied to the US Internal Revenue computers

Mike,

For many self-employed the tax return is about the only good indication of their income. I can understand why the consulate might want to wait to see your 2005 return before approving the visa - the 2004 return is very dated at this point.

I would say that you certainly have shot yourself in the foot with a 2005 return that shows a negative income. Assuming that you told the truth to the IRS - and I would think that a consular officer's position has to be that you did - then your business is costing you more than it's making and you're not a good bet for being able to support your fiancee. Remember, it's you who are the sponsor - not your (money-losing) business.

As for those assets - are they your assets or the business' assets? How easy is it to liquidate them as you go along to have money to live on, since you can't live on the money that you're not getting out of your business?

I would definitely have a consultation with an immigration attorney - one who has lots of experience with the consulate in Manilla, and preferably even knows the consular officers there (on a professional basis, from dealings with past clients). Such an attorney can hopefully help you to put your best foot forward - the foot that doesn't have the bullet hole in it.

Yodrak

My fiancee had her K1 visa interview on thursday jun 22. We had all our paperwork prepared, so I thought. I am self employed here in California and when we started this process I had done my 2004 tax return, but in 2005 I had no idea they would ask for this return as we were approved by the USCIS in Feb 2006. In anycase I always file for an extension for my ITR and thus my 2006 ITR is not actually due until August 2006. During the interview when it came time for my fiancee the give the AOS along with my most current tax return (thier wording not mine) this is when she handed him my 2004 ITR expalning that my 2005 tax return had not even been filed yet, or for that matter started. In an instant the interviewer handed my finacee a 221(g) which is a temporary refusal! I was shocked to hear this. Even if I'm self employed my assests are in and around $150,000! We are now waiting for the letter explaining to us what they will require. Can anyone offer some words of encouragement? Is it possible after reviewing the entire packet information they will approve her visa without having to reinterview? It seems they never even looked at my other evidence of my net worth, They were only interested in seeing a 2005 tax return. And my thought was they ask for the MOST current ITR which for me was 2004.

Now as a foot note. During our waiting period of our approval letter from the USCIS and our interview date. I had in fact filed my 2005 tax return. I mention this now beause I never expected this to be an issue. Now being self employeed I in fact filed for a loss on my taxes! Please no sarcasiam is needed. In hindsight I would certainly showed a income and filed and sent it to my finacee had I known it was the most important factor of the interview. No I haven't told my finacee of my stupidity and short sightedness. My question now is, Is it possible to have filed this return showing a loss and with my assets still get beyond this obsticle. I have even gone as afr as to think I should file yet another 2005 return showing a income, sending it into the IRS and let them weed it out, but at least I would have a 2005 ITR to send my finacee showing a income.

As you can see I'm both freaking out and beating myself up. When I read some of the post here and how easy thier process went it just kills me! I could be flying to the Philippines next week to be fetching my girl, instead we are stuck waiting for a reply from our 221(g)

Should I hire an Attorney at this point?

Thanks Mike

[Yodrak 7]

Mike,

No misconception at all - you're documentation, which you prepared yourself (or your accountant did) shows that you are losing money on your business. At least that's what you've told us and the IRS.

If it somehow ever does come out that you commited a fraud to get your fiancee a visa you'll both be in a world of hurt.

If you're desperate, find an immigration attorney who knows the consulate in Manilla. The next shot to the foot could develop gangreen (sp?) and require amputation at the neck.

Yodrak

There's seems to be a misconception here. My business does make money. If anyone in America is self employed they would know we are taxed to death! Sometimes the only way to survive is to claim as many deductables on our taxes to enable us to claim a loss thereby enableling us self employed people to carry on and hopefully one day pay our (something like 47%) of our income and not stretch the truth on our tax returns.

As for my assets, yes they are all mine the biggest being my house which is worth approx. $300,000 and I currently have a mortgage of $160,000 on it.

Now I know many of you here will take offense to this but I'm desparate. What is stopping me from compiling a 2005 tax return (I use turbo tax for business) and showing I make a $30,000 income and sending that to my fiancee. By the time she get s here and we're ready to get the green card,it will be time for the 2006 ITR and then I can legitamatly show an income.

This is obviously a desparation attempt, but I doubt very much that the Embassy in Manila is tied to the US Internal Revenue computers

Edited June 26, 2006 by Yodrak

[mike in cali 0]

Yodrak, thanks for your post. I will get the fraud idea out of my head. By the way, my 2004 tax return showed I made an income of over $30,000, so I haven't yet lied to anyone. They just didn't accept that return.

I think I need to contact an attorney. Did you recommend one? I didn't notice. Any way, forums like this are a great help. I hope I can be successful in overcoming this obsticle and possibly help other out in the future.

Thanks again

P.S. I kinda like having my feet!

Mike,

No misconception at all - you're documentation, which you prepared yourself (or your accountant did) shows that you are losing money on your business. At least that's what you've told us and the IRS.

If it somehow ever does come out that you commited a fraud to get your fiancee a visa you'll both be in a world of hurt.

If you're desperate, find an immigration attorney who knows the consulate in Manilla. The next shot to the foot could develop gangreen (sp?) and require amputation at the neck.

Yodrak

There's seems to be a misconception here. My business does make money. If anyone in America is self employed they would know we are taxed to death! Sometimes the only way to survive is to claim as many deductables on our taxes to enable us to claim a loss thereby enableling us self employed people to carry on and hopefully one day pay our (something like 47%) of our income and not stretch the truth on our tax returns.

As for my assets, yes they are all mine the biggest being my house which is worth approx. $300,000 and I currently have a mortgage of $160,000 on it.

Now I know many of you here will take offense to this but I'm desparate. What is stopping me from compiling a 2005 tax return (I use turbo tax for business) and showing I make a $30,000 income and sending that to my fiancee. By the time she get s here and we're ready to get the green card,it will be time for the 2006 ITR and then I can legitamatly show an income.

This is obviously a desparation attempt, but I doubt very much that the Embassy in Manila is tied to the US Internal Revenue computers

[mychelle 1]

Yodrak, thanks for your post. I will get the fraud idea out of my head. By the way, my 2004 tax return showed I made an income of over $30,000, so I haven't yet lied to anyone. They just didn't accept that return.

I think I need to contact an attorney. Did you recommend one? I didn't notice. Any way, forums like this are a great help. I hope I can be successful in overcoming this obsticle and possibly help other out in the future.

Thanks again

P.S. I kinda like having my feet!

they specialized in Philippines to US Immigration cases. they're are pricey but worth it.

http://www.gurfinkel.com/ & http://www.rreeves.com/ (both have offices in Manila)

[Yodrak 7]

Mike,

Understood, from your initial post. As I replied initially your 2004 information is out of date, which apparently is a concern to the consular officer handling your fiancee's application. And your concern about giving them your 2005 return is justified because it will demonstrate to the consular officer that his decision to request it was a wise one.

I'm sorry but I don't know any immigration attornies who practice in the Philippines.

You might also want to discuss the implications of submitting a revised 2005 tax return to the IRS with your accountant. It might solve your immigration problem, but it might also cause you a major problem with the IRS. I don't know. Might be worth finding out.

Good luck to you.

Yodrak

Yodrak, thanks for your post. I will get the fraud idea out of my head. By the way, my 2004 tax return showed I made an income of over $30,000, so I haven't yet lied to anyone. They just didn't accept that return.

I think I need to contact an attorney. Did you recommend one? I didn't notice. Any way, forums like this are a great help. I hope I can be successful in overcoming this obsticle and possibly help other out in the future.

Thanks again

P.S. I kinda like having my feet!