K1 visa returned to NVC

[milimelo 4,535]

You better amend your taxes. 

[Crazy Cat 42,032]

You might want to read this about who you can claim as a dependent.

https://turbotax.intuit.com/tax-tips/family/rules-for-claiming-a-dependent-on-your-tax-return/L8LODbx94

 

No tax attorney would tell you to do this......

Edited April 13, 2018 by missileman

[Crazy Cat 42,032]

6 minutes ago, milimelo said:

You better amend your taxes. 

Correct.  Something is wrong with The OP's story.....i do not believe that a tax attorney would advise him to claim a foreign national as a dependent.

[sangthanh.le 0]

my tax attorney was also my immigration lawyer, but after helping us file he hasn't responded to my inquiry. i will amend my tax asap 

[Crazy Cat 42,032]

2 minutes ago, sangthanh.le said:

my tax attorney was also my immigration lawyer, but after helping us file he hasn't responded to my inquiry. i will amend my tax asap 

I would report this "attorney" to the state bar association.....something is seriously wrong here.....imo.

[Going through 5,671]

8 minutes ago, sangthanh.le said:

my tax attorney was also my immigration lawyer, but after helping us file he hasn't responded to my inquiry. i will amend my tax asap 

Considering he is also an immigration lawyer----even more surprising he would advise you to claim a person residing in a foreign country, and who doesn't fit the IRS criteria for being added to your filing as a dependent. 

 

Basically, your lawyer had you  file a false tax return with the IRS.  You're going to want to get that straightened out.

[NoProblem 69]

3 hours ago, sangthanh.le said:

claimed her as a dependent, we met when i was on vacation with my family in 2014

How do you do this without SSN or ITIN number for your foreign fiance?

Edited April 13, 2018 by NoProblem

[Going through 5,671]

2 minutes ago, NoProblem said:

How do you do this without SSN or ITIN number?

There's a bit of a loophole around that which the OP's lawyer may have taken.

 

One can paper-mail the tax return with a copy of the ITIN application (and fill in the fields with "Applied For" where it asks for the dependent's SSN/ITIN number).  This should naturally be done only in cases of those who are actually eligible to receive an ITIN number.

 

Unscrupulous of the lawyer, if he went that route, considering the OP's girlfriend shouldn't be listed as a dependent anyhow (because they didn't reside in the household).  Or he left that field blank.  Or he put in a fake number.  Anything sounds possible now.

 

OP could know how attorney filled out that portion by looking at his copy.

[usmsbow 802]

43 minutes ago, sangthanh.le said:

my tax attorney was also my immigration lawyer, but after helping us file he hasn't responded to my inquiry. i will amend my tax asap 

 

His name isn't Michael Cohen is it? Because it sounds like he's as good as Trump's personal lawyer is... 

 

 

[Unlockable 7,315]

3 hours ago, sangthanh.le said:

my tax attorney was also my immigration lawyer, but after helping us file he hasn't responded to my inquiry. i will amend my tax asap 

Oh boy. 

 

Tough lesson to learn.

[__immigrant__ 58]

In your situation I think the CO thought that you were too married to file for k-1 visa so I think you may want to pursue CR-1.

[whosesoap 5]

Hello. Everyone on here is correct: your case is dead.

This had happened to us. Our case was returned to the NVC for verification by USCIS and this took us  6 months to find out. . We had a stupid lawyer who did not know this.  We refiled using the K-1 visa again and were approved.

So: contact the USCIS and cancel this current  case and file again. Explain everything and make to file the document that states why you are filing with the same fiance'.  See this VJ info:

It is important you research and call USCIS today to verify what we say is true. Do not wait. I found a truthful USCIS representative who told me. Please act with care and speed. You can will succeed; we did.  Good Luck.

 

Edited April 13, 2018 by whosesoap
Adding more information

[kris&me 572]

7 hours ago, NikLR said:

You don't even have to wait for that letter.  Just start planning the wedding now.  I'm sure she'll want something interesting since her family will be able to attend at this point.

Agree  Don't wait for denial letter / you probably will not get one / the denial was from embassy

this case is just dead

go and marry as now all the time waiting is waste of time

you could not file and claim her as  a dependent / wish we could do that as we support family back in Ecuador 

you said attorney said to file joint and you can only do that if married

good luck

go and marry and keep us posted

 

and BTW IRS may audit your taxes for claiming her as she would have had no SS number or ITIN

Edited April 13, 2018 by kris&me

[O&GForever 387]

11 hours ago, sangthanh.le said:

While we waited for our interview date we decided to hold a engagement ceremony in vietnam and invited all of our friends and family to attended on February 5, 2017.

First off, I am sorry you are experiencing this. I know the pain of being denied and the unceraintly that comes with it. 

 

Unfortunately the ceremony was a big mistake! Having any kind of ceremony...even if its just an engagement party or something tradition...will often cost you a K1 visa. The CO will often view you as married, even if you’re not. Its happened to many people on this page including my husband and I. We only had a party, no vows or rings exchanged, but they denied us based on pictures that they interpreted incorrectly. 

 

The best thing to do at this point is travel there, get married and file again. Sadly you’re looking at 12-18 months of wait. 

[Ermin&Zijada 141]

Firstly I apologize for how crass some members are being. This is supposed to be a supportive forum. 

 

Anyways, I am sorry to hear of how things have gone for you. It is definitely frustrating to get that far and have your case returned. I suggest getting your taxes straightened out and then deciding how you would like to move forward with your visa.