Federal Tax returns

[miccor]

Hello all,

My wife and I are awaiting our interview date in Guangzhou for CR1. She has been monitoring immigration chat rooms and websites for different questions asked and reasons for denials, as she was denied in JUNE 2007 (K1) and we were never given a reason or allowed to redress it in Guangzhou.

She has seen 5 or 6 times in the past few months that women have been denied because their spouse owed some back taxes on 2008 and/or prior returns. I was told by my attorney that the Consulate has no legal authority to do this and should approve based on your income.

However in my experience with them, I believe they make up their own rules and can deny people for any reason they want, using some vague section of the immigration code.

Has anyone on this site experienced this situation or know of anyone that has ?

I would like to hear what actually happened and if or how it was resolved.

Thank you in advanced.

[dnoblett]

The consulate can use many different things to decide if there is a risk that the prospective immigrant may become a charge of the state, owed back taxes can be an indicator that the sponsor may not be able to provide adequate support.

 

One note about your case, did USCIS give you a chance to address the denied K-1, if so, then did you respond to this request? The denied K-1 can come back and bite you when interviewing for CR-1, one member recently had their CR-1 denied, and they also had married after a denied K-1.

 

This was written about a few years ago by Ellis.

 

Only problem may be if K-1 case has a mark of misrepresentation on it, this can come back to haunt any future petitions.

 

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[miccor]

Hi, thank you for your reply, as I stated we were not given any specific reason, just a blue with some section marked that was extremely vague. I sent at least 6 request and appeals to the consulate to allow us to readdress there and was only told NO it will be returned to the States, Feb 2008. Rcvd letter June 2009 that case is expired and I am welcome to start all over.

Anyway my question was, do you know of the situation where someone has been refused for owing back taxes. I do, but I have a monthly payment agreement with IRS. My wife is freaking out and is very worried that there will be another delay or denial. I can't handle the crying anymore, the stress with this and the poor economy here is becoming overwhelming. I only want my family to be together.

Thanks again.

[dnoblett]

Hi, thank you for your reply, as I stated we were not given any specific reason, just a blue with some section marked that was extremely vague. I sent at least 6 request and appeals to the consulate to allow us to readdress there and was only told NO it will be returned to the States, Feb 2008. Rcvd letter June 2009 that case is expired and I am welcome to start all over.

Anyway my question was, do you know of the situation where someone has been refused for owing back taxes. I do, but I have a monthly payment agreement with IRS. My wife is freaking out and is very worried that there will be another delay or denial. I can't handle the crying anymore, the stress with this and the poor economy here is becoming overwhelming. I only want my family to be together.

Thanks again.

Then the above scenario wont be a problem for you, USCIS expired the case.

[Randy W]

The answer is no, we haven't - if so, it is unlikely to be listed on paper as an actual reason for denial

 

But, as you say, they are free to come to whatever conclusion they want, and then put whatever legitimate reason that might fit.

 

Like Dan says, the debt is an indication that you may not have the resources to support her.

Edited September 7, 2009 by Randy W (see edit history)

[chilton747]

Hi, thank you for your reply, as I stated we were not given any specific reason, just a blue with some section marked that was extremely vague. I sent at least 6 request and appeals to the consulate to allow us to readdress there and was only told NO it will be returned to the States, Feb 2008. Rcvd letter June 2009 that case is expired and I am welcome to start all over.

Anyway my question was, do you know of the situation where someone has been refused for owing back taxes. I do, but I have a monthly payment agreement with IRS. My wife is freaking out and is very worried that there will be another delay or denial. I can't handle the crying anymore, the stress with this and the poor economy here is becoming overwhelming. I only want my family to be together.

Thanks again.

 

Hang tight bro.......they will see that you are taking care of the back taxes and not avoiding them. Not to worry about this.