USC (wife) didn't file 2011 tax return.

[MrParole 0]

Hi all,

I think I should have posted all my questions once but I just remembered this and I feel I should seek advice too. My wife didn't work all of last year and didn't bother to file her tax return. The truth is that she makes hair at home and has some few clients but thought it wasn't necessary to file tax since she just earn little money from there which is not even accountable.

We have a friend who is ready to co-sponsor but I don't know if this tax issue will be a red flag. I am thinking she should go and file a late tax now and atleast declare something and if possible declare up to $20k so that we may not even need a co-sponsor again. Is there anyone who has an idea of how much IRS may want her to refund if she declares such amount? I just want to make sure we are on a safer side and I hope you all understand. All suggestions and advise are highly welcome..Thanks.

Edited June 11, 2012 by MrParole

[Oksana & Max 94]

Frist thing there is no such thing as money non-accountable!!!

Even if your wife working from home, and getting paid cash it is her responsibility to file taxes, even on the cash income. It's the LAW, don't try to avoid it. How mush she will have to pay and how much to declare, she will have to talk to an accountant.

If you think declaring 20K will get you off the hook not needing a co-sponsor it is not a case either. She will have to show current income, like pay stubs, letter of employment, etc... Just filing taxes for 2011 will not be sufficient.

Just to avoid any potential issues, make sure your wife file the taxes, whether it will be 5K or 50K, it is better be safe then sorry.

[Harpa Timsah 13,258]

It seems like you want to just make up a figure on her tax return? Is that what you are asking about?

[DandT14 272]

I believe (though I might be wrong) that in a job where you get tips, you could get away with estimating how much you made. So she could say she made $20,000 in tips, but I'm not sure what the point would be. You'll still need a co-sponsor and you'll end up paying the IRS a decent amount of money (along with interest and penalties). If you want to know how much, the tax tables are available on irs.gov. Did she keep any records at all? She's going to need to file back taxes, or write a letter saying she wasn't required to file because she didn't make enough money. But if she goes that route, she better be able to prove it.

[MrParole 0]

Thank you all for your advise. I think it's better I just file a tax to avoid delay and unnecessary question from the USCIS. However, I don't know if we should just come up with a figure, do you think I should talk to a tax expert about that?

Since she's working from home, and without any pay stubs or W-2 or employment letter, what do you think we can show to prove income when filing for AOS? Again, thanks all for your help.

[Anh map 2,098]

Thank you all for your advise. I think it's better I just file a tax to avoid delay and unnecessary question from the USCIS. However, I don't know if we should just come up with a figure, do you think I should talk to a tax expert about that?

Since she's working from home, and without any pay stubs or W-2 or employment letter, what do you think we can show to prove income when filing for AOS? Again, thanks all for your help.

You and your wife need to sit down with someone who can aid you to determine what to file and (if any) taxes may be owed. And it would be more than just income tax. It would be the full Social Security contribution and unemployment contributions.

If you're not comfortable with doing this on your own, get help. It could bite you in the butt later on outside of immigration.

[ChrisPG 30]

However, I don't know if we should just come up with a figure, do you think I should talk to a tax expert about that?

What you are asking here, in no uncertain terms, is can you break law and get away with it?

Nobody on this forum is going to aid you in committing fraud and no tax agent is going to risk their career and possible jail-time to help you circumvent the IRS and believe me, the IRS catches up to everyone; both your wife and the tax agent will face some stiff penalties if you go down this road.

Advise: Forget about lying, if your wife didn't make enough money to file then she didn't make enough money to file, period. She just needs to include a letter with her I-864 stating the reason why she never filed (income was below the threshold). Then have your joint-sponsor complete a 2nd I-864 and include their tax returns (transcripts are better) and if they meet the guidelines for their house-hold size plus you, then there will not be a problem and it really is straight forward.

Besides, you will sleep better at night knowing that the IRS isn't going audit you and find out the truth (jail time, fines, back taxes, interest etc) and you also don't want to misrepresent your case to the USCIS and commit immigration fraud as this carries a lifetime ban.

Do things the right the way

Edited June 11, 2012 by ChrisPG

[DandT14 272]

Thank you all for your advise. I think it's better I just file a tax to avoid delay and unnecessary question from the USCIS. However, I don't know if we should just come up with a figure, do you think I should talk to a tax expert about that?

Since she's working from home, and without any pay stubs or W-2 or employment letter, what do you think we can show to prove income when filing for AOS? Again, thanks all for your help.

Did she keep any records in 2011? Appointment books, deposit slips, bank statements...anything to help you determine how much she made? A tax expert is going to need something to go on, they can't just guess.

Same thing for this year. She's self-employed, she should be keeping records and making quarterly tax payments. IF she's not keeping records, she better start.