lapin_windstar

Sounds like bollocks - their own website does not require you to submit a tax return. It just gives you the option of submitting one if you choose.

RoadWarriorFromLP

Filing a 540NR does not disqualify someone from being a resident.

New residents are required to file it, but they are still classified as residents as of the date that they took residency. "Non-resident" refers to the fact that the filer wasn't a resident for a portion of the year, not whether the person was a resident as of the end of the tax year.

sambapink

HR Block have just said they will amend that part of the form for me. I can't believe though that will make a difference... It seems crazy to me that the College is saying that because that part of the form wasn't filled in it means 'to them' that we didn't pay californian taxes - and when i said to him but I can prove we DID pay California taxes, he said it wouldn't make any difference..

sambapink

I think they are just going to 're do' that part of the form UGA.. The college said it is not purely about being in the state for a year and a day.. We also have to prove my daughters 'intent' to stay, and financial independance. Well since she is our 'dependant' thats where the tax form is used. Actually as I am typing this i'm just getting more confused. I'll get the amended form and then wait to see what else the college comes up with...

RoadWarriorFromLP

The issue isn't whether you paid taxes, but whether you were a resident. It is possible to pay or owe state taxes without being a resident. (In locations where many employees commute across state lines, as is the case in many border areas, this happens all the time.)

Unfortunately, the tax form stated something different than your other information, such as the lease. At that point, the contradiction becomes the issue.

Tarkak9

I'm feeling left out as I haven't said my opinion on the matter yet....


would the fact that they are filed etc based on arears.. could that be of significance to point that out to the admission office? You're confused, so confuse them back - hopefully to your favour.

Go up the chain per se. The person you talk to on the phone typically are students doing campus jobs. (not surprised by a new student file and number was created by accident) they too are going off of boilerplate guidelines. See if you can talk to someone who is actually handling your child's application.. perhaps talk to the person above them...there is always a person higher up and in the back office who you don't normally allow to see per se - talk to them to get answers to your questions and confusions. Outright arguing isn't going to get you anywhere.... would you help someone yelling at you? If you have any info correcting their info, have it documented even on necessary letterhead; so if HR Block says under such'n'such code/statute.... or whatever... have it in and by their words otherwise its hearsay and subjective. Sometimes the people in the pofession of education need to be educated themselves. Decisions can always be reversed etc... sometimes conversations needs to be with the dean of admissions.

lapin_windstar

F!ck the tax return, it's causing you more hassle (refiling taxes? WTF?) than it's worth (enabling the admissions drone to check the boxes). Ditch it. Stop sustaining their irrelevant conversation based on their bass-ackwards interpretation of California tax law. That's not their job and they should get back in their hole.

Just go back to the original list, put together a packet of other documents that satisfies what they originally asked for, ask to see a supervisor, get them to check the boxes, and be done with it.

Surely?
The contradiction is not a problem. Their own information says that it is not necessary to show a residents' tax form - just that if you do happen to have one to show, it will help prove residency.

RoadWarriorFromLP

In her case, it is, because she tried to use it to prove one thing, but it said another.

Because of that tax return, her story is inconsistent. It would not have been an issue if she hadn't shown it to them in the first place, but now that the cat is out of the bag, she has to deal with it.

sambapink

The reason they said they asked for the Tax return was my daughter has to show financial independance.. and as she is a minor and our dependant, they need to see 'our' tax return.. Bear in mind this is what the college is telling me.. none of which seems to be making sense.. He went off to chat to the 'specialist' on the case and they confirmed what he was telling me.

I know the next thing they are going to ask for is proof of 'intent' to stay. My OH says he'll take it to appeal if need be.. I think its so complicated that they have confused themselves.. I don't think they even know what document proves what point...

Lord Lionheart

I'm not sure what to tell you. They sound to me like they are being unreasonable. Problem is that as with a bank or Govt. bureaucracy they put the burden of proof on you when they screw up. It sounds to me like you should research CA residency requirements for Community colleges and just keep going up the chain until you get somewhere. Basically time spent on the internet researching this, printing it out and running down to the college to fight it, which will require some hassle on your behalf. Good luck

RoadWarriorFromLP

I'm guessing that you're right, that doesn't make sense.

My understanding is that your daughter has an L-2 visa, received because she is the child of an L-1 visa holder (whom I presume is you and/or your husband.) The visa establishes that she has a right to residency status if she otherwise qualifies.

She is your dependent, which means her address is based upon your status.

Your address is in California. You can establish that you have this address with a rental agreement and other documents.

The school is in California. (May be a stretch in this case, but I assume that the school administration is aware of where the school is located.)

If you and she have resided in California for one year and a day, then she should be entitled to attend as a resident. If the tax return creates a question mark as to the date that the residency began, then amending (correcting) the tax return should clarify what that date was.

For the hell of it, you might want to go to a different JC, apply there, get them to grant you residency status, then take it back to the first school and show it to them. (Don't do this until you've amended the return.)

I'd like to give everyone the benefit of the doubt, but it sound as if you have the village idiot and his mentor working on your file, which is creating unnecessary drama. The tax return should be amended for the sake of consistency, but otherwise, I don't understand what their problem is.

sambapink

You make it sound so simple.. which of course it probably is.. I genuinely am starting to think that they are just making it as difficult as possible so I walk away from it.. I can't tell you the amount of messages i have left! I'll report back once I have given them the amended form. Reading the documents for 'intent to stay'.. they are saying that a California Drivers Licence is one of the ways to prove intent.. Now, how in gods name does that prove intent?? It just seems totally backward to me..!

lisag8070

Wow California really like to make things difficult for you don't they...

just go in, talk to the person in charge (and with a copy of their "rules") and show them how "mad" us english ladies can be...

Lets get ready to rumble....!!

Lord Lionheart

Sambapink you didn't mention which college for privacy reasons I'm sure that's why I supplied links to other CC's admission rules. I would print out the residency status rules from their website ( which I'm sure they have.)
As a sidenote I have been here in the States 21 years as you know. When I first came here I was very polite and didn't like to make a fuss or embarrass anyone as is generally the British nature. I quickly found that here in the US they usually see politeness as being weak and unassertive. I had to adjust my personality to survive even though it still goes against my grain at times. The squeaky wheel attitude and a loud assertive voice is sometimes what needs to be used here to get your way. Unfortunately, when in Rome......................

RoadWarriorFromLP

When it comes to dealing with the private sector, I generally agree with that.

But when it comes to dealing to government, you often need to tread more lightly. They have a monopoly and they know it -- it's not as if you can go do business with some other government if you don't like this one...

The incentives are different, too. The private sector employees are motivated to keep you from complaining to people who could fire them. Public sector employees are motivated to uphold the rules so that their superiors don't punish them for not obeying them.

There are basically five kinds of government employees:

-Those who truly want to serve the public, and take their role as public servants to heart;

-Those who will provide a level of service that correlates directly with how much they like you personally;

-Those who follow the rules so that they don't get into trouble;

-Those who see you as an inconvenience that is keeping them away from quality time in the break room.

-Those who enjoy the power trip and making life difficult. They may be abusive and/or they may want to be brownnosed to extremes.

Your job is to figure out with whom you are dealing and act accordingly. (Obviously, few of them fall into the first category.)

When dealing with the second group, you need to make them like you enough that they find ways to get things done. Since they know the system, they will help guide you through it.

The third group needs to have a comfort level that they aren't going to get into trouble. You need to be nice to them, too, but you need to try to find a way to solve their problem so that helping you doesn't become a problem for them.

The fourth group is lazy. Look for a replacement in such a way that you get what you need but they can save face.

The fifth group is evil and needs killing, but may have achieved a status level that leaves you with no choice but to deal with them. Work around them, or grit your teeth and deal with them if you must.

I'm guessing that you are dealing with the third category. If you'd like a specific suggestion, feel free to PM me and I'll provide you with a plan.