Spouse hasn't filed taxes- we have a co sponser

[DanishBill 15]

I wouldn't count on anybody in the government caring a whole lot about tearing up a family.

Don't try and win this by not cooperating - get him to file the taxes. The longer he puts this off - the worse it will be for the both of you.

[jdh 103]

Im sorry but you state that you have a lawyer which I am sure you are paying him a pretty penny. Y is he not giving you the proper advice?

They make more money off of misninforming clients.

Funny...My parents were telling me the other day that Canada is actually funding commercials on tv that advise people against using these so called 'immigration lawyers' because they are just scamming people for money.

[DandT14 272]

They make more money off of misninforming clients.

Funny...My parents were telling me the other day that Canada is actually funding commercials on tv that advise people against using these so called 'immigration lawyers' because they are just scamming people for money.

In this case, the money would probably be better spent on a tax attorney...

[Tygrys 143]

yes I understand but on the i864 it says he is unemployed. Also my grandparents are co sponsoring, which means they are taking responsibility for me. Isn't the cosponsor used if in fact your petitioner cannot show that they can support you? if they have to provide all of this information then what is the point of a cosponsor in the first place? sorry this is all so confusing!!

You said you're from Canada. Are your grandparents in the US?

[jdh 103]

Good question.

[SOflaherty 40]

like i said, im not looking for personal opinions. I just wanted to know the legal side of things

That he either has to file back taxes or submit information showing why he was not required to file is not my opinion, it's fact. That the only thing stopping him from doing this is a few forms is fact, unless he owes taxes, in which case he was obviously required to file in the first place, and will need to do so now, or your case won't be approved, whether or not you go before a judge. Again, not opinions, fact.

Even with a co-sponsor, the applicant is required to provide one of these two things. I am both employed and self-employed, believe me I understand the complexity of taxes. They suck, but unfortunately in this case will have to be dealt with in either direction for your case to be approved.

[visa123 0]

Im sorry but you state that you have a lawyer which I am sure you are paying him a pretty penny. Y is he not giving you the proper advice?

how was i supposed to know it wasn't proper advice? I just came on here to ask because whenever i ask my lawyer his answrs are pretty vague

[jdh 103]

...believe me I understand the complexity of taxes. They suck, but unfortunately in this case will have to be dealt with in either direction for your case to be approved.

My wife and I own a small business as well...

IMO taxes aren't much more complex than building a business. If you think you are qualified to tackle one you should be able to tackle the other.

Just a thought...

how was i supposed to know it wasn't proper advice? I just came on here to ask because whenever i ask my lawyer his answrs are pretty vague

That's how lawyers roll.

So...you have the answer....now what are you going to do? That is the question.

Also...as was asked above, are you grandparents residing in the US?

Edited May 16, 2012 by jdh

[visa123 0]

They make more money off of misninforming clients.

Funny...My parents were telling me the other day that Canada is actually funding commercials on tv that advise people against using these so called 'immigration lawyers' because they are just scamming people for money.

Not sure how this is funny... I had no idea about any of what you are saying until now. Theres a baby girl about to be born in a month and she's in the middle of all of us. I wish I would have known all this stuff before I began filing with a lawyer who is apparently "misinforming" me

[visa123 0]

You said you're from Canada. Are your grandparents in the US?

yes my grandparents are in the US. My grandmother is citizen and my grandfather is a greencard holder

[jdh 103]

Not sure how this is funny... I had no idea about any of what you are saying until now. Theres a baby girl about to be born in a month and she's in the middle of all of us. I wish I would have known all this stuff before I began filing with a lawyer who is apparently "misinforming" me

Not funny in the humorous sense. Funny in the "this is the strange/interesting thing" kind of sense.

[grrrrreat 109]

so lets say that they do not approve the case.. do we go to court? will they really tear a family apart because my spouse hasn't paid taxes?

If your tax professional says he doesn't have to file taxes and you successfully convince USCIS that is true, there won't be a problem. But yes, someone who evades taxes can be sent to jail, which might qualify as "tearing a family apart".

If your spouse has taxable income that's more than $400, he has to file taxes. I don't know why you wouldn't want to do the right thing and file them, since he probably won't be owing much taxes.

[visa123 0]

My wife and I own a small business as well...

IMO taxes aren't much more complex than building a business. If you think you are qualified to tackle one you should be able to tackle the other.

Just a thought...

That's how lawyers roll.

So...you have the answer....now what are you going to do? That is the question.

Also...as was asked above, are you grandparents residing in the US?

How do you even begin to file taxes? I know this might seem like a stupid question but we really want to file taxes (as well as pay for anything owed and file back taxes) we aren't trying to scam the government or get away with anything here we are simply not educated in the tax department as of yet.

anyways, yes I am coming to realize from all of the posts that I am reading that my lawyer is indeed misinforming me ... and i am shocked, I spent a lot of money that I didn't really have on him and now it seems as if we have filed improperly. He told me to write that my husband was unemployed ... so where do I go from here? is there anyway to withdraw my case and refile? We have his lawyer (not an immigration lawyer but certainly trustworthy) that we should have been using in the first place I suppose.

and thanks to all of you for the helpful info we are going to begin looking into filing taxes and back taxes

[jdh 103]

How do you even begin to file taxes? I know this might seem like a stupid question but we really want to file taxes (as well as pay for anything owed and file back taxes) we aren't trying to scam the government or get away with anything here we are simply not educated in the tax department as of yet.

anyways, yes I am coming to realize from all of the posts that I am reading that my lawyer is indeed misinforming me ... and i am shocked, I spent a lot of money that I didn't really have on him and now it seems as if we have filed improperly. He told me to write that my husband was unemployed ... so where do I go from here? is there anyway to withdraw my case and refile? We have his lawyer (not an immigration lawyer but certainly trustworthy) that we should have been using in the first place I suppose.

and thanks to all of you for the helpful info we are going to begin looking into filing taxes and back taxes

Being completely uninformed you should really just get a tax pro to help you out that way it can be done quickly, efficiently and correctly.

Using your husbands lawyer would not have helped - most lawyers are less informed on immigration law than they would let on and even more so if they are just a general law practitioner.

You are in the right place when it comes to immigration help - all the answers you will need in that dept. can be found here. When it comes to your taxes I think the best bet for you is going to be getting a pro.

You don't need to withdraw your application - that would be a huuuuge waist of money. They will send an RFE or request it at the interview. The right thing to do is just take care of the tax and be ready - do that and you will be dandy.

Also, the question regarding your grandparents co-sponsoring is legitimate and I would suggest answering that one.

[engineer21 51]

How do you even begin to file taxes? I know this might seem like a stupid question but we really want to file taxes (as well as pay for anything owed and file back taxes) we aren't trying to scam the government or get away with anything here we are simply not educated in the tax department as of yet.

anyways, yes I am coming to realize from all of the posts that I am reading that my lawyer is indeed misinforming me ... and i am shocked, I spent a lot of money that I didn't really have on him and now it seems as if we have filed improperly. He told me to write that my husband was unemployed ... so where do I go from here? is there anyway to withdraw my case and refile? We have his lawyer (not an immigration lawyer but certainly trustworthy) that we should have been using in the first place I suppose.

and thanks to all of you for the helpful info we are going to begin looking into filing taxes and back taxes

You can check this out:

http://www.filelate.com/

They go as far back as 2003.

Or as suggested by another member, go find a tax pro if you think it is too overwhelming

Either way.. It MUST be done unless you have proof that filing was not required.

Good luck!