Atty tells me to make amendment on my 2010 taxes

[skiptex 225]

This has NOTHING to do with whether or not the OP's taxes were prepared correctly. She's not seeking additional deductions or to lower her income taxes - her income does NOT support the number of persons in her household that is required by USCIS.

sigh...

chill winston.. she mentioned her tax form.. for what ever reason.. AND with her Lawyer telling her to change things.. i don't know why 2010 is in question.. hence speak to a pro.. since neither of us no who did her taxes.. LOL>> is this not a place for brainstorming ideas...

SIGH>>

so i looked up my work info.. i am good for this part of my K1.. so i learned something that was helpful..

[az110965 252]

chill winston.. she mentioned her tax form.. for what ever reason.. AND with her Lawyer telling her to change things.. i don't know why 2010 is in question.. hence speak to a pro.. since neither of us no who did her taxes.. LOL>> is this not a place for brainstorming ideas...

SIGH>>

so i looked up my work info.. i am good for this part of my K1.. so i learned something that was helpful..

First of all - name's not winston - and I'm not trying to come down on you.

Taking her return to another preparer will not solve her problem. This simply is a matter of not enough income to support every member of the household and even if she went to HR Block and they found an additional $2000 of refund for the OP it doesn't affect her income.

Sorry for the sigh - and you ARE right, this forum is for brainstorming.

[skiptex 225]

"chill winston" is movie reference from Lock Stock and Two Smoking barrels..

hey i am new here.. but old in another forum for my hobby.. i understand the shortness when you see the same questions asked over and over.. LOL>>

ps.. congrats on your i-129 filing..

i will probably send my off in dec. when she visits.. or right after she leaves.. but i like to do lots of research before i do something like this.. mostly it just keeps me from doing housework or studying for my engineering exam

[az110965 252]

It really isn't shortness from seeing the same questions posted again and again - we were all newbies at some point and this forum is invaluable in the immigration process.

Simply put - most of the redundant questions could be answered by the original posters themselves if the just read and then re-read the really detailed guides posted here BEFORE submitting their petitions.

I still am amazed by the sheer volume of people who fill out their forms and drop them in the mail before taking the time to research something as important as bringing their loved ones here, then these same folks are amazed when they receive an RFE or worse - are just simply denied.

Skiptex - you are definitely doing the correct thing by participating in this forum and doing your own research PRIOR to sending your I-129F in.

[skiptex 225]

thanks AZ..

they way i look at this.. it needs to be done CORRECTLY the first time.. so make it go as fast as possible.. i dont' want to make stupid mistake.. cuz i was rushing it... and it lose like 4 months OR get denied..

[at long last 58]

I know this is a very trying time but NEVER EVER EVER lie to the government...BAD BAD BAD idea. It angers me that your lawyer has given such terrible advice. Keep your chin up and keep looking for your answers. As for the NOA2 sign to have it emailed to you or set it up online so you can see the progress of your petition. If your NOA1 went to the lawyer then just go in and file a change of address. I'm sure if it is possible but if one of your family members could do it until your financial situation improves perhaps they can be removed at a later date..This I don't have an answer for you.

hang in there

[Liz&Nate 23]

OP attorneys don't always give the best advice and honestly, they don't always even act as if they had your best interests at heart. This is a bad idea because, from what I understood, your attorney is asking you to outright lie about the number of dependents you have. If at the interview they so much as ask him how many kids you have this is going to be easily uncover, supposing it wasn't long before.

I completely understand where you are coming from. I think most of us here have been in the same boat, where you just feel that living without your loved one is not an option. You would be a lot better off looking for a sponsor, as hard as that answer seems to you. Best of luck to you and your fiance

[Winning23 25]

I WOULD HIGHLY not recommend it.

First off, it would be lying and secondly immigration would question the fact you changed your taxes after filing two yrs later. Thirdly, this is a open forum, granted you may not use your real name or finance's name, I would not be surprised if DHS periodically monitors chatter and see if people are getting bad advice and investigating further to match names w/ potential filers and see patterns.. Just sayin'.. Be careful..

[Inky 1,110]

I WOULD HIGHLY not recommend it.

First off, it would be lying and secondly immigration would question the fact you changed your taxes after filing two yrs later. Thirdly, this is a open forum, granted you may not use your real name or finance's name, I would not be surprised if DHS periodically monitors chatter and see if people are getting bad advice and investigating further to match names w/ potential filers and see patterns.. Just sayin'.. Be careful..

I don't know if DHS does but the US embassy interviewers in Canada do peek on VJ sometimes!

[feli114 65]

I hired a lawyer and he is only doing the petition for me. I'm sorry to hear that you found a bad one. I got my noa1 and so did he. I hope you either find a job or a sponsor because you will need one. Good luck

[Barbara J 115]

OH, I have every intention of getting rid of her, but we don't have our NOA2 yet, and it is possible for it to go to her. So we are waiting til then. I can not believe this attorney would come right out and ask us to lie like that. I know nothing about the taxes and all, so what she said might have been something that might have been normal and all, but I wasn't sure. Beside everything else she has done to screw things up for us, I am waiting to get our NOA2 then report her to the bar association. I have never spoken to her on the phone, cause they won't communicate like that, only emails.

And we have made our last payment to them and they are paid in full now as of july. So what should she care, they have our money and they have done nothing for us but be the go between.

Thanks for your advice.

Did you not see red flags when you can't talk to this attorney on the phone only email OMG that's so BS . Do not have anything more to do with them after your NOA2

[skiptex 225]

Did you not see red flags when you can't talk to this attorney on the phone only email OMG that's so BS . Do not have anything more to do with them after your NOA2

what tha?! no kidding.. what are they even really an attorney?!

i dont know what state OP is in.. but in Texas.. there are more immigration attorneys then immigrants.. LOL>. jk.. but there are lots and i have never heard of any that you only email with.. thats insane!

[Deema & Wayne 28]

Can't the OP use assets, savings, etc as supporting financial proof?

[Married2009 32]

OP - AFTER I fired her, I would take everything she has written you, and find out the address of your state's bar association. You can't really report her for giving you bad advice about immigration (not a crime), but suggesting you falsify your tax records is just wrong.

Edited September 27, 2011 by Married2009

[JimVaPhuong 4,863]

It doesn't sound like the attorney is trying to get her to change her household size. He's trying to get her to reduce her exemptions on her tax return, thereby increasing her taxable income to make it sufficient to qualify. This is not illegal. You aren't required to claim every exemption or deduction you're eligible for. You just aren't allowed to take exemptions or deductions you're not qualified for. There are millions of divorced parents who have children for whom they don't declare an exemption because their divorce settlement gives that privilege to their ex-spouse. Those children are still considered part of that parent's household size, even though the parent doesn't claim the children as dependents on their tax return. The only exception would be children who are too old to impose a child support obligation, or a parent who has lost their parental rights as well as any potential obligation for future child support.

In short, declaring someone as a dependent on your tax return automatically makes them part of your household size for the affidavit of support. NOT declaring someone as a dependent on your tax return increases your taxable income, which may help you reach the minimum income level for the affidavit of support, but it does NOT automatically exclude that person from your household size.

This attorney has a fundamental misunderstanding of how the affidavit of support is evaluated by the consular officer. The attorney is presuming that they will focus only the tax return in determining if her affidavit of support is sufficient. There's virtually no point in pumping up prior tax returns since she's currently unemployed. Her situation seems straightforward - get a job or a joint sponsor.