Expedited IR1-CR1 (merged)

[myloveaa 0]

Get the IRS sorted out. Owing a big balance has been problematic for VJ members in the past. The expedite will just get you to the brick wall faster.

These have just come up in the past few months, things were very well under control in the past. USC has been a regular and big tax payer. All his papers are to date and his accounting organised an well.

Unfortunately, the personal distress of separation is beyond what normal people experience for both of us due to past major traumas and past history of depression/anxiety for both - which has now kicked in a bad way. We have also had major personal upheavals of death, one of his business going to loss and others - we are struggling on our own. We are working on medical help on those issues - but at psychiatric help is expensive too ...

[dmck 80]

The general consensus is you will not get an expedite. I can't say I even recall an approved case that was for financial hardship, although I am sure there are. You can try, just be prepared to be denied. My wife and I tried a medical expedite as I had just had surgery and needed help...denied.

[san diego 407]

Financial hardship is a very dangerous, double sided way of expedite. I would not attempt this reasoning. When it comes to interview, they may deny due to same financial hardship and large IRS debt... I would attempt medical expedite but not financial. No way.

[myloveaa 0]

The general consensus is you will not get an expedite. I can't say I even recall an approved case that was for financial hardship, although I am sure there are. You can try, just be prepared to be denied. My wife and I tried a medical expedite as I had just had surgery and needed help...denied.

Just generally speaking its an incredibly slow process regardless of circumstances, separating families for these extended periods I think is not a good thing for society. Where background checks are required I understand to some degree but with straight forward applications how nice it would be for resources to be given jobs and clear the backlog...

Also, unless someone suffered from depression and anxiety in the true form they wouldn't understand that it could easily take life prematurely. One cannot snap out of it! I was told financial distress is what will be given consideration - the biggest standout though for both of us from our perspective is how its effected our mental health.

Anyway, got papers together finally (almost!) ....will hope. Have medical reports. Actually a single before and after picture from 2 months ago says a lot...but then does anyone care...

We both are confident business people who have made millions in the past and can do so again once we are together.... That's a personal story though - don't think immigration officers would consider.

Good luck to all.

Financial hardship is a very dangerous, double sided way of expedite. I would not attempt this reasoning. When it comes to interview, they may deny due to same financial hardship and large IRS debt... I would attempt medical expedite but not financial. No way.

Thanks.

[Amhara 460]

We were doing very well and travelling to each other's country every 3 weeks.

Prehaps you two need to consider slowing down the international trips? Or maybe his business can run for a while without him while he stays with you longer? This is a process of uniting families, not keeping them separated, except the process does not happen overnight. It would be great if the entire world's situation was different so that countries didn't need these borders, visas and precautions.

Keep us posted on your results!

[IcezMan_IcezLady 582]

My family was separated from 1999 till 2006 due to denials and USCIS missing documents and a whole lot of USCIS drama but not for once did we get an expedite. We didn't have medical situation but we could have used some financial hardship expedite.

You can't base your entire expedite request on financial hardship because it will be difficult for you to prove that case.

You are assuming that there will be a miracle when you get here, and you expect USCIS to also believe this.

Since you mentioned before that you needed the visa for your business, try re-applying for the B1/B2 visa and back that application up with financial records to show how the recent denial has affected your business and anything you can show to prove that you won't abuse your visa rights.

You definitely need a lawyer.

I can understand you wanna be with your husband so do all of us here. You need to calm down and take one step at a time else you will jeopardize your current process. Your husband's tax information wont be necessary now but since you want to use that to get an expedite, you could bring a "target sign on your back".

You say your husband's business is doing well , but his tax problem is what is going to be central point. He will be showing that he can be financially responsible for you Unless you have enough to sponsor yourself (I don't know if you can sponsor yourself, I read it is possible but do some research).

In a nutshell,

You want to use to "bad" situation (his tax problems) to move your case up

And later use that situation as a "good" evidence ( financial responsibility).

Get a lawyer.. cos the way you are going, you will be setting yourself up for a denial.

[Boiler 45,541]

Can not help thinking that he might want to be the one to bail out and move to you with that situation.

You did not say but I assume you have a joint sponsor?

Edited March 3, 2016 by Boiler

[Ebunoluwa 6,136]

If you want to prove financial hardship now for an expedite how will you turn that financial hardship around in a few weeks to show a stable

financial support ? Things do not change overnight and a bad situation used to expedite can't be successfully used for a stable situation

later. Two edged sword.

Even if they would approve the expedite (which I think they won't) it would likely turn into a be a 'sorry you are denied because petitioner

is not financially stable'.

You are shooting yourself in the foot.

[IcezMan_IcezLady 582]

If you want to prove financial hardship now for an expedite how will you turn that financial hardship around in a few weeks to show a stable

financial support ? Things do not change overnight and a bad situation used to expedite can't be successfully used for a stable situation

later. Two edged sword.

Even if they would approve the expedite (which I think they won't) it would likely turn into a be a 'sorry you are denied because petitioner

is not financially stable'.

You are shooting yourself in the foot.

Exactly what I was trying to tell OP in my "thesis"..lol

[belinda63 3,038]

And does he have the income for the past several years to meet the requirements of the affidavit of support? A failing business and massive tax debt makes me think he does not.

[JFH 12,190]

These have just come up in the past few months, things were very well under control in the past. USC has been a regular and big tax payer. All his papers are to date and his accounting organised an well.

Unfortunately, the personal distress of separation is beyond what normal people experience for both of us due to past major traumas and past history of depression/anxiety for both - which has now kicked in a bad way. We have also had major personal upheavals of death, one of his business going to loss and others - we are struggling on our own. We are working on medical help on those issues - but at psychiatric help is expensive too ...

$120k tax bill accrued in just a few months? What business is this? Microsoft? I'm wondering why he only has 3k in the bank if the two if you have "made millions" in the past. That will barely last to the end of the month. You should have prepared for the rough patches by putting some of the millions aside. Is he seeking help for his mental health issues? We all here know about being apart. We could write the book on that. If he's having mental health issues from being apart for a few weeks there seems to be a much bigger problem somewhere.

[Amhara 460]

And does he have the income for the past several years to meet the requirements of the affidavit of support? A failing business and massive tax debt makes me think he does not.

I don't think the business is failing. If there are large tax liabilities, then it means that there is profit (unless it's payroll liabilities). But the OP needs to understand why these liabilities came about and I have a feeling she does.

If you have that much in tax liabilities, that's probably for several years. If they are new liabilities, did they come from an amended return? For example, if the tax year originally as filed showed a smaller tax liability, but an amended return was sent in later showing an increase, USCIS/DoS may be suspect if this amended return was sent in after the petition was filed and even more suspicious if the previous return showed substantially less income. That wouldn't be a situation I would suggest highlighting.

If the returns were not filed and instead were prepared close to the immigration petition, there may be a presumption that the returns were filed just for the visa. So again, I would be careful with this situation.

However, let's say there is a completely reasonable explanation as to why over one hundred grand cropped up. How is the wife immigrating here faster going to help? I think you have a reason why your B2 visa being revoked caused you a financial hardship, but not the spousal visa. I would think you need to demonstrate that the business that you had in the US cannot be run by your husband and that if you were able to return, you would be able to restore/continue the business operations and be able to pay towards your husband's tax liability.

But if your husband filed as MFS, you aren't liable for his taxes. Additionally, if your husband has not made any payment arrangement and/or these are liabilities for only 2015 tax year, I don't think that would fly. You should also demonstrate that your husband has worked with the IRS and that he has been making payments or been trying to make the current payment smaller. Bankruptcy is a legal way to help manage debts, so if he does need to file, that will help alleviate his financial burden. Since that's another option he has, then they may deny you on those grounds too. If your husband or his business cannot file bankruptcy, then provide proof to that effect.

[kris&me 572]

Your post is confusing

you say he financially drained you as you tried to help his debt but say you can demonsrate you are able to open and finance a new buisness in the US

the government backgraound check will show if he has liabilities to IRS and is not a good reason for expediating your case

my son was going though 14 sugeries in 11 months and has a team of doctors / my husband is now here and is a tremonous help but i am sure it would not have been a good reason (even with the stress we were under) to expediate our case as the son was not his.

most of us wait and wait and go thru our own little HELL for this time / get use to it

not to really discourage or judge but as we wish all can be happy but his financially situation is a good reason to deny.

we will pray for you both

[Adil & Jeanne 296]

Like IcezMan_IcezLady my husband and I were seperated from first applying July 2009 to he came September 2015 for denials at first and then papers getting destroyed in the hands of USCIS when a water pfoipe broke in California

this isn't easy but really all you can do is wait like the rest of us / he should come back to the US and take this time to fix his financial problems

Immigration needs to see he can support you not you support him and get him out of his debt

[Cathi 5,755]

If he is under financial stress doesn't that begs to offer he won't be able to afford the immigration fees and will not be able to support you under the affidavit of support? I am going to be blunt and say that you are reaching for straws to find a faster way to get here. None of us want/wanted to wait, but it is the reality of the process. I have seen people with terminally ill SO's and not get an expedite. and in my opinion having a spouse/fiance being terminal is a real reason for expedite. Your getting here a month or two faster isn't going to alleviate such a large debt. Just sayin'

Edited March 3, 2016 by mimolicious