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  • IRS vs. USCIS

    Can anyone tell me how closely the exchange of information between the UCIS and IRS is?

    My wife has been delinquent in payments to the IRS for the last 2 years (debt occurred before our marriage), and things are not great between us right now. And I fear she's not telling me the whole story about her employment because to this day I still dont have her unemployment 1099, she keeps making excuses about it.

    At this point aI think we might be divorcing in the next few months or maybe next year.

    I will be filing a separate return for myself this time. My lawyer said is perfectly fine to file separately. So am not sure if I should avoid filing her tax return or file it even thou it will be incomplete.

    I am waiting for my removal of conditions after 3 years of marriage - and am concerned that:

    A) the lack of filing could damage my petition
    B) filing her tax return,in the midst of such unfriendly environment, but not divorced, could in the future weaken my case if I need to continue my case/petition without her support.

    Is a pretty ugly picture, she's been cheating on me but I have to keep pretending is not happening because am waiting for the removal of conditions.

    So I guess my big question is how much access does UCIS have to the IRS files.

    I will greatly appreciate anyone who can shed some light in this situation.

  • #2
    Can anyone tell me how closely the exchange of information between the UCIS and IRS is?

    My wife has been delinquent in payments to the IRS for the last 2 years (debt occurred before our marriage), and things are not great between us right now. And I fear she's not telling me the whole story about her employment because to this day I still dont have her unemployment 1099, she keeps making excuses about it.

    At this point aI think we might be divorcing in the next few months or maybe next year.

    I will be filing a separate return for myself this time. My lawyer said is perfectly fine to file separately. So am not sure if I should avoid filing her tax return or file it even thou it will be incomplete.

    I am waiting for my removal of conditions after 3 years of marriage - and am concerned that:

    A) the lack of filing could damage my petition
    B) filing her tax return,in the midst of such unfriendly environment, but not divorced, could in the future weaken my case if I need to continue my case/petition without her support.

    Is a pretty ugly picture, she's been cheating on me but I have to keep pretending is not happening because am waiting for the removal of conditions.

    So I guess my big question is how much access does UCIS have to the IRS files.

    I will greatly appreciate anyone who can shed some light in this situation.

    Comment


    • #3
      Hi Virtual and welcome,

      I'm fairly certain that all government agencies have access to records. You need to make certain everything is on the up and up and tell the truth.

      If your marriage fails and the I-751 hasn't been approved, you still have recourse to file as divorced as long as you can prove a bonafide marriage. Good luck.

      Comment


      • #4
        A)I honestly doubt it could damage your petition.USCIS's main mission is to see if the marriage is bona-fide for at least 2 years & you appear to meet that.

        B)Yet again,not very likely since you've been married more than 2 years.

        Comment


        • #5
          The very same day the USCIS denied my application for adjustment of status, I was sent notification of a full blown IRS tax audit. Both letters came from the same government building, and were posted from the same post office, the same day and time. This would not be such a huge coincidence if I were from a small town, but I live in a major city.

          The USCIS found me undesirable for citizenship based upon me being sarcastic to a corrupt immigration officer who manufactured lies in order to deny my petition.. The IRS found all my taxes paid up to date, and determined that I was owed a $117 refund. My IRS officer liked me very much and called me a great American, how ironic.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">So I guess my big question is how much access does UCIS have to the IRS files. </div></BLOCKQUOTE>
            Generally, the IRS does not share information with other agencies unless it is specified within IRC (Internal Revenue Code) 6103. Here are some situations which the IRS does share, on a limited scope, with other law enforcement agencies..

            As for your situation, it is a choice to either file married filing jointly or married filing separately. If you file separately, you are not responsible for your spouse's debt obligations.

            If she has unpaid taxes, there are options for you spouse to make payment arrangements or make an offer in compromise. I would suggest she consult with a qualfied professional to discuss her options.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

            Comment


            • #7
              When you file for Naturalization, the USCIS asks you for the past 5yrs (3yrs if based on marriage) tax transcripts. This suggests they don't know about your IRS situation otherwise why ask for it? In my case they never asked to see them in the interview. Any I-751 application should show joint filing if married or else this could be an issue unless there's a good reason why not.
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">B.S. yes they do. That provision allows it to be shared with just about anyone who has a need to know. Court orders are a dime a dozen. </div></BLOCKQUOTE>
                court orders may be a dime a dozen, but a court order does not necessarily allow a person to obtain tax records because that person may want it. Furthermore, law enforcement agencies that request tax information have to make the request to the IRS disclosure office and through chief counsel. In most cases, those records are allowed but no private data is shared.

                But if you want to continue that argument, maybe the California DA can ask the IRS for all tax records of Caucasian men, ages 50 to 75, former, who own rental property to see if they are following the laws that one should LOL

                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Filing a separate return will give the impression of a bogus marriage. And the fact she is screwing around. For all intensive purposes you doing nothing looks as though you don't care. A 'real' husband would care. And would do something about it. </div></BLOCKQUOTE>
                Filing a separate return does not automatically stipulate, or even suggest, a false marriage. Because of the situation he and his wife is in, filing a separate return makes perfect sense. And bout as much perfect sense as you and your wife file a separate return because of that prenupt you have.

                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Don't expect her to help with your status. If anything expect her to do what she can to have you sent back. </div></BLOCKQUOTE>
                The USC spouse is the one who owes back taxes Davdah, not the OP. More than likely, he will file the I-751 by requresting a waiver of joint filing because of divorce. And unless something else would hinder that process, more than likely he will get the permanent green card.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">And bout as much perfect sense as you and your wife file a separate return because of that prenupt you have </div></BLOCKQUOTE>

                  How did this get brought into the picture? You alpha guys need to settle down and let the past be the past. It's gotten really old.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">What does having a prenupt to do with tax returns? Besides, filing separate pretty much guarantees the highest tax rates. Not a bright move. It will draw some suspicion for the GC. As the OP said himself. Is pretending these things aren't happening so he can get his card. So, where is the heart? In the GC or his marriage? </div></BLOCKQUOTE>
                    It really depends on the situation Davdah whether one will have a higher tax liability or not. For prenupts and tax returns in community property states, the general rule of thumb is to file a separate return so that you do not commingle separate assets listed in the prenuptial. the point here is that other considerations play a part whether one files a separate return or file jointly. There is no law that stipulates if one is married, they have to file a joint return. As for USCIS, he will have to explain why fe filed a separate return. If the wife is having tax problems because of audits or because she is not paying estimated taxes, or because of other issues, then filing a separate return makes perfect sense to USCIS. He will have to show other evidence of a bona fide marriage.

                    As for the OP, he is concerned enough.

                    And lets put the reverse on the wife, is she concerned enough not to have an affair? Or was that your typical hypocritical response you like to give Davdah?
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      No Davdah, I am sure if the situation was reversed, you would be telling the USC that they are being scammed, taken for gtanted, marriage fraud, etc.

                      What he is doing, ie filing a MFS return because of the marriage problems, is what most people do in this type of situation. The fact that he is an immigrant or he may obtain the ten year green card is an immaterial fact in this case.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        Not all marriages end happily davdah. That assumes his marriage will end, which sounds like it will.

                        If he has evidence of her cheating, he could file the I-751 with spousal abuse waiver instead of good faith waiver.
                        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                          Immaterial? When he said he was turning a blind eye to it so as to not ruffle any feathers and hopefully get the unconditional GC? Sounds like a duck to me. Quack me with something else now. </div></BLOCKQUOTE>
                          davdah,
                          Whether he gets the divorce NOW or a year from now, would it make a difference on the Green Card?
                          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                          Comment


                          • #14
                            Well first of all thanks to Hudson, ProudUSC, and Brit4064 for your helpful advice.
                            It's so good to know there is people out there who cares and can share about these issues. For the longest time I've felt I could never ask a question unless I went to a lawyer.

                            I very much appreciate your help and kindness.

                            Heartfelt Thanks.

                            Comment


                            • #15
                              No problem virtualmass99. If you do go the self-file I-751 with good faith waiver, make sure you have plenty of evidence to support a shared life together up to the point of separation ie, (preferably) JOINT bank account, mortgage, credit cards etc. Been there, seen it and done it myself
                              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                              Comment



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