Denial letter

[Danny Gee]

My lady was denied and got a white slip. What the F-U-C-K. Does anyone have the same experiences?
If so, how can you deal with it? Please give me some suggestion?

[dnoblett]

Sorry to hear this.

 

Many posts about NOID.

 

One recent one http://candleforlove.com/forums/index.php?showtopic=42166&st=0

 

You will need to wait for petition to be returned to USCIS and then deal with the intent to revoke. I would line up a good lawyer one who knows how to deal with denied cases. Like Marc Ellis

 

http://www.ilw.com/directory/lawyerDetails.asp?LAWYER_ID=75

http://www.marcellislaw.com/

 

http://candleforlove.com/forums/index.php?showforum=39

[david_dawei]

Sorry to hear this. Could you answer these:

 

my top 10:

1. Her birth city?

2. Her current city of residence?

3. Age of both?

4. Previous marriage or children (of both)?

5. How you meet? (if website, which one)

6. How long chat before visit china?

7. How long after visit to file for visa?

8. Number of trips to china by the time of the interview?

9. Her english ability?

10. What were the blue slip questions and answers?

[Danny Gee]

Sorry to hear this. Could you answer these:

 

my top 10:

1. Her birth city?

2. Her current city of residence?

3. Age of both?

4. Previous marriage or children (of both)?

5. How you meet? (if website, which one)

6. How long chat before visit china?

7. How long after visit to file for visa?

8. Number of trips to china by the time of the interview?

9. Her english ability?

10. What were the blue slip questions and answers?

the answers to you quesions are:

1. Taishan,

2.Taishan,

3. both of us are 24

4. First love

5. introduced by my middle school classmate in 2006 who is my wife's high school classmate

6.we frist met in 2006 summer

7. i became a US citizen in 2009-6, then we got marriage in 2009-8.

8. I have been back to China for 5 times.

9. she can speak basic English

10.the white slip says it is not a bona fide relationship.

 

Additinal information: We got married in 2009-8, then when i filed a tax return in 2010 for 2009. i have asked many service agents who saying it doesn't matter if i claimed the status as single on my tax turn. So, i clamed as a single. after reading many posts in this website, i saw some guys saying that claiming the status as single on the tax turn is a "red flag".Is it the problem caused the denial. If it is the case, How can i fix this mess?

Edited October 22, 2010 by Danny Gee (see edit history)

[dnoblett]

the answers to you quesions are:

1. Taishan,

2.Taishan,

3. both of us are 24

4. First love

5. introduced by my middle school classmate in 2006 who is my wife's high school classmate

6.we frist met in 2006 summer

7. i became a US citizen in 2009-6, then we got marriage in 2009-8.

8. I have been back to China for 5 times.

9. she can speak basic English

10.the white slip says it is not a bona fide relationship.

 

Additinal information: We got married in 2009-8, then when i filed a tax return in 2010 for 2009. i have asked many service agents who saying it doesn't matter if i claimed the status as single on my tax turn. So, i clamed as a single. after reading many posts in this website, i saw some guys saying that claiming the status as single on the tax turn is a "red flag".Is it the problem caused the denial. If it is the case, How can i fix this mess?

Wow, on the surface looks bona-fide.

 

Yes, filing single when married can look suspicious.

 

You say "Naturalized 2009", what's your first language? If Chinese, then her English Speaking ability is not a factor. (You share a common language.)

 

A NOID from the consulate gets sent back to USA, you will have to deal with it when USCIS in the USA contacts you, which can take several months, in many cases USCIS looks over the case and decides that Consulate's decision is B.S. they inform you of this and send petition back to the consulate, or they ask you to address the intent to revoke.

[Ryan H]

Additinal information: We got married in 2009-8, then when i filed a tax return in 2010 for 2009. i have asked many service agents who saying it doesn't matter if i claimed the status as single on my tax turn. So, i clamed as a single. after reading many posts in this website, i saw some guys saying that claiming the status as single on the tax turn is a "red flag".Is it the problem caused the denial. If it is the case, How can i fix this mess?

 

I wonder who was giving you that advice. My very limited understanding is if you are legally married, even if the ceremony occurred in a foreign country, at the end of the tax year (in your case, 2009); then your status would be married. The option then would be to file separately or jointly.

[Danny Gee]

Additinal information: We got married in 2009-8, then when i filed a tax return in 2010 for 2009. i have asked many service agents who saying it doesn't matter if i claimed the status as single on my tax turn. So, i clamed as a single. after reading many posts in this website, i saw some guys saying that claiming the status as single on the tax turn is a "red flag".Is it the problem caused the denial. If it is the case, How can i fix this mess?

 

I wonder who was giving you that advice. My very limited understanding is if you are legally married, even if the ceremony occurred in a foreign country, at the end of the tax year (in your case, 2009); then your status would be married. The option then would be to file separately or jointly.

 

I went to Chinatwon in San Francisco. I asked the Accountant saying it is the matter of doing my tax return. it is not related my petition. I also asked the Service Agent also said the same thing.

The service Agent 's address is: 1339-1341 Stockton St, #A, SF, CA. Actually it is in Chinatown of San Francisco.This Agent knows nothing. If anyone is in San Francisco, Don't ask help from this crap.

 

If the problem if the Tax return, then, Is it possible to amend the rax turn? Because I know it is possible to amend the tax return for prior years.

[Ryan H]

I went to Chinatwon in San Francisco. I asked the Accountant saying it is the matter of doing my tax return. it is not related my petition. I also asked the Service Agent also said the same thing.

The service Agent 's address is: 1339-1341 Stockton St, #A, SF, CA. Actually it is in Chinatown of San Francisco.This Agent knows nothing. If anyone is in San Francisco, Don't ask help from this crap.

 

If the problem if the Tax return, then, Is it possible to amend the rax turn? Because I know it is possible to amend the tax return for prior years.

 

I'm guessing this was NOT an official IRS office. I went to the IRS website and found it's local office in SF is here:

450 Golden Gate Ave.

San Francisco, CA 94102

Phone: (415) 522-4061

 

As for amending your return, I suggest you contact this office first and go from there.

[Danny Gee]

I went to Chinatwon in San Francisco. I asked the Accountant saying it is the matter of doing my tax return. it is not related my petition. I also asked the Service Agent also said the same thing.

The service Agent 's address is: 1339-1341 Stockton St, #A, SF, CA. Actually it is in Chinatown of San Francisco.This Agent knows nothing. If anyone is in San Francisco, Don't ask help from this crap.

 

If the problem if the Tax return, then, Is it possible to amend the rax turn? Because I know it is possible to amend the tax return for prior years.

 

I'm guessing this was NOT an official IRS office. I went to the IRS website and found it's local office in SF is here:

450 Golden Gate Ave.

San Francisco, CA 94102

Phone: (415) 522-4061

 

As for amending your return, I suggest you contact this office first and go from there.

i have been here before.

[2mike&jin]

Sorry to hear this. Could you answer these:

 

my top 10:

1. Her birth city?

2. Her current city of residence?

3. Age of both?

4. Previous marriage or children (of both)?

5. How you meet? (if website, which one)

6. How long chat before visit china?

7. How long after visit to file for visa?

8. Number of trips to china by the time of the interview?

9. Her english ability?

10. What were the blue slip questions and answers?

the answers to you quesions are:

1. Taishan,

2.Taishan,

3. both of us are 24

4. First love

5. introduced by my middle school classmate in 2006 who is my wife's high school classmate

6.we frist met in 2006 summer

7. i became a US citizen in 2009-6, then we got marriage in 2009-8.

8. I have been back to China for 5 times.

9. she can speak basic English

10.the white slip says it is not a bona fide relationship.

 

Additinal information: We got married in 2009-8, then when i filed a tax return in 2010 for 2009. i have asked many service agents who saying it doesn't matter if i claimed the status as single on my tax turn. So, i clamed as a single. after reading many posts in this website, i saw some guys saying that claiming the status as single on the tax turn is a "red flag".Is it the problem caused the denial. If it is the case, How can i fix this mess?

 

Well just some advice - when you get married you become "married", and if you are US citizen with Income you file income tax returns. If you are married, as others have pointed out you have two choices...Married/Joint or Married filing Separately. There is no choice to file as single. This filing is WRONG! Why wouldn't we ALL DO THIS and escape marriage penalties, means tests for Medicare Costs the myriad of other "I gotcha's" in the US taxation and legal system. You were married. You failed to properly file the correct income tax returns. As other's have said....this is the most likely cause, in the absence of other information.

 

How to fix? Did you have a 'TAX PREPARER" fill out the forms for you? If yes -- it is easy to file amended returns --- and in the explanation of why you are amending is that the "Incorrect filing status" was suggested by the preparer and you now realize that this is incorrect. If you filled them out yourself - then claim that tax accountants recommended or said it didn't matter and you now understand that it does matter. (for a lot more reasons than immigration)

 

Amending returns is easy...but you need to figure out "this time" whether to file "jointly" or married and separately. Since you filed in the US, Jiu Jin San, I will assume you had US income and your wife did not. If this is the case it's easy to just amend - joint and move on. If she has income in China or in the US then your job will be a bit more complicated....in that you need to have her information - and figure out if you want to make a "first year election - for her to be treated as subjected to US Income Tax, or not, and if that might trigger some increase in taxes. It's a series of "step/decisions" to go through - all part of the SIMPLE US TAX CODE.

 

As others have suggested - you need to see the reasons for the rejection - most likely one of the key elements was tax filing "non-compliance" - and then work the issues. Fixing the tax returns is the EASY part -- waiting for the IMMIGRATION INFORMATION and refiling is the HARD PART. BesT OF LUCK.

Edited October 23, 2010 by 2mike&jin (see edit history)

[Randy W]

Well just some advice - when you get married you become "married", and if you are US citizen with Income you file income tax returns. If you are married, as others have pointed out you have two choices...Married/Joint or Married filing Separately. There is no choice to file as single. This filing is WRONG! Why wouldn't we ALL DO THIS and escape marriage penalties, means tests for Medicare Costs the myriad of other "I gotcha's" in the US taxation and legal system. You were married. You failed to properly file the correct income tax returns. As other's have said....this is the most likely cause, in the absence of other information.

 

How to fix? Did you have a 'TAX PREPARER" fill out the forms for you? If yes -- it is easy to file amended returns --- and in the explanation of why you are amending is that the "Incorrect filing status" was suggested by the preparer and you now realize that this is incorrect. If you filled them out yourself - then claim that tax accountants recommended or said it didn't matter and you now understand that it does matter. (for a lot more reasons than immigration)

 

Amending returns is easy...but you need to figure out "this time" whether to file "jointly" or married and separately. Since you filed in the US, Jiu Jin San, I will assume you had US income and your wife did not. If this is the case it's easy to just amend - joint and move on. If she has income in China or in the US then your job will be a bit more complicated....in that you need to have her information - and figure out if you want to make a "first year election - for her to be treated as subjected to US Income Tax, or not, and if that might trigger some increase in taxes. It's a series of "step/decisions" to go through - all part of the SIMPLE US TAX CODE.

 

As others have suggested - you need to see the reasons for the rejection - most likely one of the key elements was tax filing "non-compliance" - and then work the issues. Fixing the tax returns is the EASY part -- waiting for the IMMIGRATION INFORMATION and refiling is the HARD PART. BesT OF LUCK.

 

 

There IS a third option - which is to simply OVERPAY your taxes. When you do this, you avoid paying any penalties, interest, or late fees.

 

When you file singly when your spouse has no reportable income, you are in a HIGHER BRACKET than if you had filed jointly or married filing separately. You thus OVERPAY your taxes. The IRS doesn't exactly thank you for the extra money, but they WILL return it with no questions asked (or any interest paid) when you file an amended return.

 

The primary reason why someone on this board may want to do this (and several have) is when they have neither an SSN or TIN for their spouse. There is NO penalty involved for claiming single status, but there IS a penalty for filing late

 

It may or may not be "wrong", but when there is no penalty whatsoever - well, that's why they allow amended returns.

 

So in my view, he is fine with the IRS, but agree that filing the amended returns is needed for immigration purposes.

[Danny Gee]

Well just some advice - when you get married you become "married", and if you are US citizen with Income you file income tax returns. If you are married, as others have pointed out you have two choices...Married/Joint or Married filing Separately. There is no choice to file as single. This filing is WRONG! Why wouldn't we ALL DO THIS and escape marriage penalties, means tests for Medicare Costs the myriad of other "I gotcha's" in the US taxation and legal system. You were married. You failed to properly file the correct income tax returns. As other's have said....this is the most likely cause, in the absence of other information.

 

How to fix? Did you have a 'TAX PREPARER" fill out the forms for you? If yes -- it is easy to file amended returns --- and in the explanation of why you are amending is that the "Incorrect filing status" was suggested by the preparer and you now realize that this is incorrect. If you filled them out yourself - then claim that tax accountants recommended or said it didn't matter and you now understand that it does matter. (for a lot more reasons than immigration)

 

Amending returns is easy...but you need to figure out "this time" whether to file "jointly" or married and separately. Since you filed in the US, Jiu Jin San, I will assume you had US income and your wife did not. If this is the case it's easy to just amend - joint and move on. If she has income in China or in the US then your job will be a bit more complicated....in that you need to have her information - and figure out if you want to make a "first year election - for her to be treated as subjected to US Income Tax, or not, and if that might trigger some increase in taxes. It's a series of "step/decisions" to go through - all part of the SIMPLE US TAX CODE.

 

As others have suggested - you need to see the reasons for the rejection - most likely one of the key elements was tax filing "non-compliance" - and then work the issues. Fixing the tax returns is the EASY part -- waiting for the IMMIGRATION INFORMATION and refiling is the HARD PART. BesT OF LUCK.

 

 

There IS a third option - which is to simply OVERPAY your taxes. When you do this, you avoid paying any penalties, interest, or late fees.

 

When you file singly when your spouse has no reportable income, you are in a HIGHER BRACKET than if you had filed jointly or married filing separately. You thus OVERPAY your taxes. The IRS doesn't exactly thank you for the extra money, but they WILL return it with no questions asked (or any interest paid) when you file an amended return.

 

The primary reason why someone on this board may want to do this (and several have) is when they have neither an SSN or TIN for their spouse. There is NO penalty involved for claiming single status, but there IS a penalty for filing late

 

It may or may not be "wrong", but when there is no penalty whatsoever - well, that's why they allow amended returns.

 

So in my view, he is fine with the IRS, but agree that filing the amended returns is needed for immigration purposes.

I got to take action to correct the tax return right away.

[2mike&jin]

Well just some advice - when you get married you become "married", and if you are US citizen with Income you file income tax returns. If you are married, as others have pointed out you have two choices...Married/Joint or Married filing Separately. There is no choice to file as single. This filing is WRONG! Why wouldn't we ALL DO THIS and escape marriage penalties, means tests for Medicare Costs the myriad of other "I gotcha's" in the US taxation and legal system. You were married. You failed to properly file the correct income tax returns. As other's have said....this is the most likely cause, in the absence of other information.

 

How to fix? Did you have a 'TAX PREPARER" fill out the forms for you? If yes -- it is easy to file amended returns --- and in the explanation of why you are amending is that the "Incorrect filing status" was suggested by the preparer and you now realize that this is incorrect. If you filled them out yourself - then claim that tax accountants recommended or said it didn't matter and you now understand that it does matter. (for a lot more reasons than immigration)

 

Amending returns is easy...but you need to figure out "this time" whether to file "jointly" or married and separately. Since you filed in the US, Jiu Jin San, I will assume you had US income and your wife did not. If this is the case it's easy to just amend - joint and move on. If she has income in China or in the US then your job will be a bit more complicated....in that you need to have her information - and figure out if you want to make a "first year election - for her to be treated as subjected to US Income Tax, or not, and if that might trigger some increase in taxes. It's a series of "step/decisions" to go through - all part of the SIMPLE US TAX CODE.

 

As others have suggested - you need to see the reasons for the rejection - most likely one of the key elements was tax filing "non-compliance" - and then work the issues. Fixing the tax returns is the EASY part -- waiting for the IMMIGRATION INFORMATION and refiling is the HARD PART. BesT OF LUCK.

 

 

There IS a third option - which is to simply OVERPAY your taxes. When you do this, you avoid paying any penalties, interest, or late fees.

 

When you file singly when your spouse has no reportable income, you are in a HIGHER BRACKET than if you had filed jointly or married filing separately. You thus OVERPAY your taxes. The IRS doesn't exactly thank you for the extra money, but they WILL return it with no questions asked (or any interest paid) when you file an amended return.

 

The primary reason why someone on this board may want to do this (and several have) is when they have neither an SSN or TIN for their spouse. There is NO penalty involved for claiming single status, but there IS a penalty for filing late

 

It may or may not be "wrong", but when there is no penalty whatsoever - well, that's why they allow amended returns.

 

So in my view, he is fine with the IRS, but agree that filing the amended returns is needed for immigration purposes.

 

Probably no question that the IRS doesn't care....but there are other agencies that do, one being immigration as you have stated. When someone does not have a SSN or TIN, it does cause issues in filing income tax. When we have someone in this situation, and who is in the process or contemplating bringing a wife to the US, the sage thing to do is "apply" for a TIN, send in your tax payments, and file for an extension. The TIN comes fairly quickly so an return is then easy to quickly generate and file, with the IRS compilations available within days of the return being entered into the computer - usually less than 2 weeks. This would avoid all issues.

 

Although none of us know for sure, this issue could've cost the OP a very long wait for a subsequent application/etc with immigration - all because of not reflecting his "true status" - on his IRS reporting, a document strongly tied to the immigration process. It is less than prudent to be cavalier about these documents as we go through life as they have a tendency (not just the OP but all of us) to come back and bite us in the ass. I've known personally several people that have been "Cute" in their reporting of income, and have paid the price in the end. (1) Was a "boat guy" doing surveys etc - took jobs on a cash basis - and ended up with the very minimum SS payments. Many of us at the Yacht Club - chipped in to provide him with clothes and incidentals in the last year of his life; (2) a guy I just talked to in Xiamen - tried to sell his business - but since he "hid" most of his cash business - only reporting his CC and Check proceeds - the company that wanted to buy said he couldn't "PROVE" his income levels and the sale was toast. There are many more examples of this that all of us know about, and we have heard of countless numbers of people who can't qualify for loans because they have "off the books" income.

 

But I also agree, our OP is not in trouble with the IRS - but his life will be a living hell for the next XX number of months as he sorts out the why and the fix for this issue -and if it is the tax filing that "tipped" the scale -- it is a mistake that didn't have to happen if the IRS guidance was followed. I wish him well in the process and hope that immigration is timely in the return of the paperwork - for which many here have significant experience.

[2mike&jin]

Joint Return After Separate Returns

You can change your filing status by filing an amended return using Form 1040X.

If you or your spouse (or both of you) file a separate return, you generally can change to a joint return any time within 3 years from the due date of the separate return or returns. This does not include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status.

 

 

Here's a cute little paragraph out of the 2009 IRS PUB 17. I guess they sort of expect that some will get confused on the various "nuances" of marriage under complex situations. It also followed the "TIP" about figuring your income tax both ways - i.e. jointly usually resulting in lesser taxes. FYI.

 

"YES YOU"RE ALL CORRECT, I'm IN XIAMEN, TROPICAL STORM MEGI IS HOWLING OUTSIDE WITH LOTS OF RAIN..AND I"M BORED...THE "KING" is down for his nap....so I have time to do curious browsing about the nuances of the simplistic US TAX code"

Edited October 23, 2010 by 2mike&jin (see edit history)

[Stepbrow]

The reason that the OP's wife got the white slip may not be related to the IRS filing. That is just speculation. A white slip is serious, and as previously advised get a reputable and experienced attorney.

 

Wait for the actual NOID. It will specifically list all of the reason that the CO cited for the denial. Then work with the attorney in responding to the ACTUAL REASONS.