Possible Tax return problems and REF

[aldo 0]

I had a RFE 797e send to me, and I just notices that a while back, around the same time that I sent the initially I-751 form, we received a mail form the franchise tax board, stating that, we owed money to the DEPARMENT OF SOCIAL SERVICE and that they were collecting the amount from our tax return. The problem with this, is that, I just don’t know if this could be the reason a got the RFE. Is the USCIS able to see that information? I know for a fact that the USCIS does a back ground check on you, through the FBI, and then the FBI sends them rap sheet with this. could this information be contained in that rap sheet, cause this would be consider debit ? And could that have triggered my REF? I just want to know this so that I can address the real problem that made them send that RFE us and have that fix ASAP.

Edited May 14, 2011 by aldo

[Inky 1,111]

They do not issue RFE for debt.

[aldo 0]

They do not issue RFE for debt.

thanks for the rapid answer.

I think they are considering this a tax fraud case,or something similar, but not totally sure. because apparently we didn't pay some service form the department of social service and are collection form us. we probably forgot to report something, but I will have to look into that later. the question is, do they issue RFE for tax fraud when the FBI sends the USCIS the rap sheet. having said that, I not sure my case here is consider tax fraud. But i ask this just to be sure in worse case scenario, I'll have to look more into that, but the one that's collecting form as is the fraud bureau for THE DEPARTMENT OF SOCIAL SERVICES, that's why i ask. but I think that's just a big name for saying that they are collecting form us but just to be sure i ask.

Edited May 15, 2011 by aldo

[rrobin 2]

If IRS feels you have been underpaying your taxes, the IRS may decide to audit you depending on how much money is at stake. While auditing, if they find a direct evidence of tax fraud, they may take some legal action against you but it does happen very often. Usually IRS collects its unpaid taxes and interest and that ends the story.

If so far, IRS has not taken a legal action against you, your 'tax situation' should not show up in FBI background check. My guess is you are getting RFE for something else.

thanks for the rapid answer.

I think they are considering this a tax fraud case,or something similar, but not totally sure. because apparently we didn't pay some service form the department of social service and are collection form us. we probably forgot to report something, but I will have to look into that later. the question is, do they issue RFE for tax fraud when the FBI sends the USCIS the rap sheet. having said that, I not sure my case here is consider tax fraud. But i ask this just to be sure in worse case scenario, I'll have to look more into that, but the one that's collecting form as is the fraud bureau for THE DEPARTMENT OF SOCIAL SERVICES, that's why i ask. but I think that's just a big name for saying that they are collecting form us but just to be sure i ask.

[aldo 0]

If IRS feels you have been underpaying your taxes, the IRS may decide to audit you depending on how much money is at stake. While auditing, if they find a direct evidence of tax fraud, they may take some legal action against you but it does happen very often. Usually IRS collects its unpaid taxes and interest and that ends the story.

If so far, IRS has not taken a legal action against you, your 'tax situation' should not show up in FBI background check. My guess is you are getting RFE for something else.

Thank you for the precise response

But just to be to be a little more precise about the issue. We did not have problems with the filling to the IRS taxes at the federal level; we only had problems with the state taxes at the state level. I think the problem is even less than the problem you think we have. Because the IRS is more problematic than the state, at least that’s my impression.

Edited May 15, 2011 by aldo

[rlogan 2,036]

Well the RFE tells you what evidence they are requesting, so that should answer what they're looking for and why.

I can't see how a debt to a social service agency would show up on a background check. You have no charges against you for tax fraud at this time from what you have said so even if they were pending I'm not sure how a background check would catch that.

[aldo 0]

can I in a RFE only present federal joint tax returns for a certain year. Or am I obligated to present federal and state tax returns both in pair for all years ? I am presenting tax transcript for all periods, but the problem is that my state tax returns have typo. So I prefer no to present them until I fix that.

Edited May 16, 2011 by aldo

[Otto 83]

What (exactly) is the RFE asking for?

[aldo 0]

What (exactly) is the RFE asking for?

They are asking for both state and federal, but the problem is that the guy that did my taxes like at 2007 misspelled my name very badly and I just notices this. I am in the process of fixing this but because it’s a state tax it can take forever, because states are broke and working very slowly right now. The problem that I have is only with one tax year at the state level. So I was planning in sending all taxes returns less the state tax return for the misspell year until I fix the problem. I am also including tax transcript for all years including the misspell year.

Would this be a good idea? The problem is that I cant send them a document that's not on good form.

Edited May 16, 2011 by aldo

[Otto 83]

If this RFE is in relation to an I-751 filed - it seems a bit disconcerting that they are asking specifically for income tax documents (never mind State-level income tax documents) and nothing else (as in, no other alternatives) AND for so far back (considering we're probably talking about removing the 2-year marriage condition).

The reason being, income tax documents aren't a 'requirement' (they're suggested, and a great way to show co-habitation/co-mingling of funds but...). Most of us probably sent one/two years worth of copies of our joint federal returns (just like our Guide suggests).

It isn't exactly crystal clear that we're getting the entire story here but at the very least it sounds like you should be looking into hiring a tax lawyer. Is there something I'm/we're missing?

[aldo 0]

If this RFE is in relation to an I-751 filed - it seems a bit disconcerting that they are asking specifically for income tax documents (never mind State-level income tax documents) and nothing else (as in, no other alternatives) AND for so far back (considering we're probably talking about removing the 2-year marriage condition).

The reason being, income tax documents aren't a 'requirement' (they're suggested, and a great way to show co-habitation/co-mingling of funds but...). Most of us probably sent one/two years worth of copies of our joint federal returns (just like our Guide suggests).

It isn't exactly crystal clear that we're getting the entire story here but at the very least it sounds like you should be looking into hiring a tax lawyer. Is there something I'm/we're missing?

thanks for trying to help and for your interest but I have already sent then info

yes the REF was in relation to a 751. The problem was that I sent the 2007 tax the first time around, so I guess that I had to resent that plus more the second time, because that wasn't enough and got the RFE

Ill keep you guys inform and let you know how it went for me.

thanks for your help

[Stardust72 0]

Well the RFE tells you what evidence they are requesting, so that should answer what they're looking for and why.

Not always. We got an RFE and it didn't specify what it was for or which documents were missing. My husband called and they weren't able to tell him either. He was just told that sometimes RFE's are sent out to random people and that affidavits are "very important". That's strange becase affidavits are not a requirement. I'm just telling this because apparently they CAN send out an RFE for something that's not a requirement. This does seem to be tax related although tax returns are not a requirement either. It can be so confusing...

[aldo 0]

Not always. We got an RFE and it didn't specify what it was for or which documents were missing. My husband called and they weren't able to tell him either. He was just told that sometimes RFE's are sent out to random people and that affidavits are "very important". That's strange becase affidavits are not a requirement. I'm just telling this because apparently they CAN send out an RFE for something that's not a requirement. This does seem to be tax related although tax returns are not a requirement either. It can be so confusing...

I have done some research and I am almost positive that they send a REF because of a reason. It’s not random. What could be random is second interview or someone coming to your house to check if you live as a couple, but this last two are unlike to happen, but could be random in my opinion. When the USCIS sends you a RFE, it’s because they have seen something wrong and your application, and need more information to be sure your lawful. If what you say it’s true and this is random, then what would happen if they send a RFE to a person that has send all the information that it can already. Is that person going to have its green card cancel just because they happen to send this random REF to a person that had already send everything, I don’t think so.

When they send me the REF they hinted me on the RFE that they wanted to see additional data on my tax returns. They did not specify anything specific and simple wanted all the info but I could tell that they were hitting what they really need. I think the USCI is secretive about REF because they probably see you as a potential unlawful case, and want to see what you send back, plus also want to be sure that you send the info that they really want. In my case, I think they probably had a problem because one of my tax return has data that was inconsistent. The person that did my taxes for that year mess up my tax return, I notice this after sending the 751. Well, what I did to solve the problem was send them tax transcript for the IRS for that year and that solve the problem. Affidavits are not that important they help but are not important on their own because you can have a friend sign the Affidavits for you and they know that. For the USCIS the most important thing is joint assents because people are unlikely to have joint assents with poelple they don't trust

But thank you for sharing your opinion

Here you can see what evidence is good for them

http://www.visajourney.com/forums/topic/220440-i-751-evidence/

Edited May 27, 2011 by aldo

[boschev 1]

If you sent tax returns without supporting documents for those returns (like W2, 1099), yes, it may trigger a RFE. If you have not sent supporting documents, get IRS transcripts from a local IRS office and send them over.