Atty tells me to make amendment on my 2010 taxes

[skiptex 225]

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.

that is why i pay someone to do my taxes... i am glad you understand this stuff.. i don't think GOOGLE could him me on these matters.. LOL..

[tan&tuyet 15]

NEVER EVER LIE TO USCIS OR THE IRS I WOULD FIRE THAT LAWYER RIGHT AWAY BEFORE YOU LOSE MORE MONEY ON HER NON SENSE

[bigdog 376]

First if you commit fraud you will be banned, second report your attorney to the state bar, get another or don't use one. This process is hard enough without bad advice.

[JimVaPhuong 4,863]

Let me reiterate, filing an amended tax return and claiming fewer exemptions IS NOT ILLEGAL! We've given this exact same advice to some VJ members who were self-employed, and had more than sufficient gross revenues, but whose total income after business deductions was below the minimum requirement. We've told them to bite the bullet and file an amended return with fewer business deductions, take the tax hit, and get a tax return that shows sufficient total income.

The tax laws permit you to take exemptions and deductions which you're legally eligible for in order to reduce your tax liability. The tax laws do not require you to take any exemptions or deductions, even if you're qualified to take them.

[Mrichards 0]

The above post is absolutely correct. I am divorced and my decree allows each of us to deduct one of our children, however, last year, I deducted both for financial purposes with agreement with my ex-husband. The IRS even has a form for this! It has nothing to do with how many children you have. It is a financial matter.

[skiptex 225]

well, this help out the OP? now i am interested to know how this works out

[Oksana & Max 94]

However it doesn't change the situation that OP got 2 kids. While he might not claim them on the Tax Return this is not what USCIS will look for. So for USCIS they still would be counted as depended whether they are claimed on Tax Return or not.

Edited September 27, 2011 by Oksana & Max

[Jojo92122 1,924]

Oh, do not worry, I will not do anything like that at all. NO WAY!!!! I just needed to make sure that my gut was talking correctly to me. lol.

I would never ever be able to live with myself if I did such a thing as that. Now that I have confirmation that it is against the law. I refuse to

go against the law for any reason. I love my fiance more than anything in the world, but I would not break the law for him. I will continue to search

out another possibility in case I don't find a co-sponsor.

And , I wrote my attorney back and told her that I can not believe that she would suggest such a thing and ask me to commit visa fraud.

DO NOT WORRY , I WILL NOT , WILL NOT, TAKE THE STUPID ADVICE OF MY ATTORNEY.

Good to hear.

This attorney is really stupid.

A dependent is a tax deduction. You are not required to take any tax deductions. The US Treasury likes it when people don't take deductions they are entitled to because it gets more in tax payments. Did the dummy tell you that if you amend your tax return to drop a dependent, you will end up owing more in taxes???

In addition, regardless of your IRS filings, the I-864 requires you to count all your children living with you. Dropping a child dependent on your tax return is not going to change your household size since you have to count all the children anyways on the I-864.

Stupid attorney.

[Jojo92122 1,924]

Oh, do not worry, I will not do anything like that at all. NO WAY!!!! I just needed to make sure that my gut was talking correctly to me. lol.

I would never ever be able to live with myself if I did such a thing as that. Now that I have confirmation that it is against the law. I refuse to

go against the law for any reason. I love my fiance more than anything in the world, but I would not break the law for him. I will continue to search

out another possibility in case I don't find a co-sponsor.

And , I wrote my attorney back and told her that I can not believe that she would suggest such a thing and ask me to commit visa fraud.

DO NOT WORRY , I WILL NOT , WILL NOT, TAKE THE STUPID ADVICE OF MY ATTORNEY.

Good to hear.

This attorney is really stupid.

A dependent is a tax deduction. You are not required to take any tax deductions. The US Treasury likes it when people don't take deductions they are entitled to because it gets more in tax payments. Did the dummy tell you that if you amend your tax return to drop a dependent, you will end up owing more in taxes???

In addition, regardless of your IRS filings, the I-864 requires you to count all your children living with you. Dropping a child dependent on your tax return is not going to change your household size since you have to count all the children anyways on the I-864.

Stupid attorney.

--------------

I've read your other thread. Personally, I would never sign an I-864 for anyone who was not a close relative. While most cases are fine, the few that ends up blowing up in people's faces are spectacular. Look around this forum and you will find beneficiaries who are suing their I-864 sponsors.

You need to focus on meeting the requirements of the I-864. You need to educate someone who may be willing to be a joint sponsor.

While I like the idea of asking your ex-husband to be the joint sponsor in return for reduced child support, you need to balance what is best for the children. I think it would great to have a loving step-parent be a part of the children's lives. However, if you enter into this agreement and you subsequently break up with your fiancee, can you afford to raise the children on the reduced payment? I am not trying to discourage you from pursuing all your options. This is just for your consideration.

-----------

Best of luck to you.

Edited September 27, 2011 by Jojo92122

[Dagobert 0]

Did the dummy tell you that if you amend your tax return to drop a dependent, you will end up owing more in taxes???

True, true. Dropping a personal exemption from your tax return would probably cause a balance due situation with the IRS. If this dependent was also a qualifier for the Earned Income Credit there could be a substantial balance due to the IRS (don't forget the state also...this could effect your respective state return). Like Jim said there is nothing wrong with amending a return to remove a dependent, but just be aware of the tax consequences of such an action. At a later date you could go back and amend the return a second time to then claim the dependent again. Then you must be aware of the statute of limitations to claim a refund.

This is all information concerning just the return and the taxing agencies...not information in anyway concerning filings with the USCIS.

Cheers,

[Blumchen 0]

If you're already lying about having two children when you've got three, why not keep going!

Seriously. Honesty is the best and really, the only option. If you're denied, you're denied, and you'll find another way to be with your fiance, but I don't think anyone should be telling you to take a chance on the IRS. Especially a lawyer who ought to know better.

[FedUp!! 0]

you will also owe back taxes by losing a deduction and i doubt having back taxes will help your situation.

[meandmybeloved 15]

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 agree completely that what the lawyer told me to do was just insane. I would never lie for the sake of my fiance. Not ever. My conscious would get the best of me. I haven't filed my taxes in so long, I had never heard what the attorney suggested before and wanted to trust that what she was telling me was correct. The comment has been made to research the info here on VJ. I can say that I would still be lost if I wasn't reading and searching out all the questions that have running through my head.

We read alot of about the k-1 visa and other options, but it hasn't been until now that I am able to wrap my head around this stuff. So much to absorb and remember.

[meandmybeloved 15]

If you're already lying about having two children when you've got three, why not keep going!

Seriously. Honesty is the best and really, the only option. If you're denied, you're denied, and you'll find another way to be with your fiance, but I don't think anyone should be telling you to take a chance on the IRS. Especially a lawyer who ought to know better.

I wasn't lying about having 3 children. I have said I have 3 kids, but i can only claim two of them, and the ex claims one. So that might have been where your confusion came from. I can see how it might seem that I am only claiming two but have 3. But that is true. I have 3 kids but can only claim 2, that was the divorce agreement.

Hope that helps clear that up.