Are we likely to get rejected? Updated...

[JimVaPhuong 4,863]

My American friend here in Norway works for Halliburton, the big oil company. He does have a base in the US, but he also has one here in Norway and pretty much splits his time evenly between the two countries.

Also he recommended submitting the 09 Norwegian tax return because the income stated on there would be the same income stated on his US 09 tax return (which could then be sent to the embassy once it has been prepared ... but the fact that his half year residency in Norway may disqualify him sort of put a damper on that idea ... sigh.)

As long as he maintains a residence in the US, and can prove it, then he should meet the domicile requirements. If the consulate follows the I-864 rules for evidence then his Norwegian tax return is only acceptable if he's not required to file a tax return in the US, and he is using the foreign return to prove income that is not subject to US income taxes. Unless he's claiming he isn't required to file a US tax return, then he can't use the Norwegian tax return and he'll need to submit a copy of his US tax return for the most recent tax year. The rules are in the I-864 instructions. The consulate is not bound by the I-864 rules with an I-134, so they may accept his foreign tax return if they wish. If you intend to try this then you should clear it with the consulate first and see if it will be acceptable. I rather doubt they'll accept it.

It seems a number of our close relations have been quite lackadaisical(sp?) in filing their taxes. Some said that they've filed, but need to make adjustments because they either don't agree with what they have to pay back or what will be paid to them (By the way, in this case do you think I can still use these tax returns even while they're under appeal?). Its one thing or the other or maybe they're just lying to us that they haven't filed, but I don't think that is the case.

It's also possible that they simply don't want to give you a copy of their tax return. I can certainly understand the reluctance to share intimate financial details with someone else, even if they are relatives or close friends.

Requesting an extension to file a return is not a decision someone would take lightly. The only thing it really buys you is the ability to file the return late without incurring a late filing penalty, but you'd still have to pay interest on any taxes owed. I suppose some people request an extension because they don't have all the documents or records they need to prepare their return. I think a more common reason is they owe taxes, and they simply don't have the money. They're trying to buy a little more time to get the cash, even though it means they'll have to pay interest. Most people get refunds rather than owing taxes. Most of those who do owe taxes will still file on time in order to avoid paying any interest. Because of this, the percentage of taxpayers who request an extension is relatively small.

[DTunda 0]

Hey guys, thx for the replies.

Claudia, believe me if everything goes well and we get approved, I'm done with this lawyer. Not only did he screw up on the papers and NOT advising us to get a co sponsor, he's a liar too (surprise, surprise). He makes claims about not receiving stuff I KNOW he has received. Liar. I'm done with him.

I don't have the time to be on VJ a lot, but from now on I'll make the time and file the papers myself. This place is a great resource that I haven't taken advantage of, but no more of that if I (please God) get approved. Can't believe we shelled out USD 3000 to that shyster.

Sugarapple, always nice to hear from a fellow Jamaican. I know at least four people we asked to be co sponsor (2 on his side and 2 on mine), and they all said they're filing their taxes in August, so I guess these are the culprits who owe Uncle Sam or as Claudia pointed out maybe they just don't want to help but don't know how to tell me. Never mind though, the good news is that my aunt has agreed to be our co sponsor. Unfortunately she won't get the papers to me before Wednesday the 16th, one week after my original interview on the 9th.

Do you think that the embassy will frown on me taking a week or just over a week to get the paperwork they ask for? It's probably a weird question, but I think it is fair to say that citizens from developing countries who are wanting to migrate to the US are made to jump through more hoops to get our cases approved. Whether that's fair or not I'm not sure, but this is so frustrating and annoying when you know your story is genuine and there are these people standing in the way of you being with the one you love. I have not seen my fiance in almost a year and I really miss him. I was so ready to travel and now this ######. It's easy for the embassies to be suspicious of everything it seems, even if there's a legitimate reason.

Anyway, I was hoping to hand in the paperwork before the 16th. Now if I get the papers on Wednesday, I won't be able to hand them in until Thursday, then the embassy won't process them until the following wednesday (the 23rd) because they only handle fiance visas on Wednesdays here in Oslo. Sigh...

As for the I-864, the CO actually asked for this form to be filled out by the co sponsor. The lawyer filled out a I-864 for my fiance, but the embassy said he should have filled out the I-134, not the I-864. So she asked to have my fiance fill out and send to me the I-134 and have our co sponsor fill out and send to me the I-864. Someone above said they've never heard of the embassy asking the co sponsor for an I-864 so I imagine the fact that they did ask for it doesn't bode well for my case ... of course I'm hoping that isn't the scenario. I can't believe we're in this situation. What was I paying this lawyer for if not to fill out the correct forms and tell us whether we need co sponsorship or not. It never occurred to us to ask because my fiance does earn enough to support me, its just that last year he had to work less due to his injury. Now in 2010 he's working fulltime as usual and in 2008, 2007 he worked fulltime as well until he hurt himself in December of 08. However, the CO was not interested in looking at his 08, 09 tax returns.

Sorry for rambling. I just need to vent. I never expected to be in this situation. I wanted to travel to the states before the 4th of July, now I'm not so sure that will happen now, if at all ...