what to know my right's and my son's right!

[nicole_nathan 0]

hi to all!

first, im writing my story here coz i want to ask advice's what im gonna do about my marriage life, here is my story,

WERE MARRIED ALMOST 1 YEAR NOW, MY HUSBAND FILED A PETITION LAST APRIL 2008 AND OUR PAPERWORK WAS AT NVC ALREADY HE PAID AOS ALREADY THE 70$ BUT HE DIDNT SEND YET THE AFFIDAVIT OF SUPPORT PAPER WORK AND WE HAVENT PAID YET THE 400$, AND NOW MY PROBLEM IS HE GOT FRUSTRATED WHEN HE FOUND OUT THAT HE NEEDS TO PAY HIS DEBT IN IRS YEAR 2007, THATS WHY OUR PAPER WORKS GOT PENDING AT NVC AND OUR SON CRBA IS NOT YET FILED. AND NOW HE IS NOT CALLING ME AND HE DONT EVEN SEND MONEY FOR OUR SON'S NEED'S..AND IM ASKING HERE WHAT TO DO NOW? MY RELATIVES TOLD ME TO FILLED AN ANNULMENT HERE AND ASK A CHILD SUPPORT FROM HIM, AND WHAT DO U THINK WILL GOIN TO HAPPEN TO OUR PAPERWORKS ME AND MY SON CRBA IF I FILED AN ANNULMENT?

HE GOT FRUSTRATED COZ HE THINK'S HE CANT GET US HERE BECAUSE HE HAS DEBT AT IRS? AND IS THAT OK IF MY RELATIVES THERE IN THE STATES WILL HELP HIM FOR THE AFFIDAVIT OF SUPPORT? I DONT WANT TO GET AN ANNULMENT COZ I WANT TO SAVE MY MARRIAGE LIFE AS MUCH AS POSSIBLE, AND ONE THING HE DIDNT TELL ME THAT HE WANTED TO FILE A DIVORCE OR ANNULMENT FOR ME... I JUST FELT THAT HE DONT TALK TO ME COZ HE REALLY FEEL FRUSTRATED OF WHAT HAPPEN COZ HE IS EXPECTING US TO BE THERE LAST YEAR X-MAS 2009, ANYONE HERE CAN GIVE ANY ADVICE WHAT TO DO? SO I CAN TELL MY HUSBAND ABOUT THIS SO HE WOULD FEEL BETTER...

THANK'S IN ADVANCE GUY'S ALL YOUR ADVICES ARE VERY MUCH APPRECIATED...

NICOLE

[JimVaPhuong 4,863]

Unfortunately, you have no "rights" as far as immigration is concerned. Even being married to a US citizen does not convey any "right" to immigrate. Immigration is a privilege which the US government can approve or deny, at their discretion.

It's difficult to understand exactly what your situation is, but this is my understanding from what you've written:

1. You're married to a US citizen.

2. You have a child together. You haven't applied for a CRBA yet.

3. Your husband submitted a petition for a spousal visa. The petition was approved, and now it's sitting at NVC waiting for your husband to send the affidavit of support fees.

4. The immigrant visa bill has been sent, but it has also not been paid yet.

Depending on your circumstances and how you completed the forms (if any), you might be able to pay the immigrant visa bill yourself (presuming you have to money to do so), but your husband has to pay the affidavit of support fee and send in the I-864. He also has to prepare and submit forms for the CRBA. If your husband has stopped cooperating then there's likely nothing you can do to complete either the immigration or CRBA yourself. You also can't force him to resume cooperating.

His tax liability could indeed be used against him for the affidavit of support, and may even make him ineligible to sponsor you on his own. It depends on his income and how big the tax liability is. However, this shouldn't prevent him from using a co-sponsor.

It sounds like your husband might just be really depressed because he got hit with a large tax bill, and now he's worried about how he's going to survive and pay his own bills, much less continue to pay for your immigration. It's not a good feeling when the government seizes all of your liquid assets, as well as a sizable portion of your wages, and doesn't even leave you with enough to pay your rent and food. The good news is that the IRS will usually negotiate with you, even after a wage withholding order has been issued. Tell your husband to call the IRS and try to work out a payment plan he can afford. If that doesn't work, tell him to hire a tax attorney and try to negotiate an offer in compromise. He might get away with paying only a fraction of his actual debt.

[Zen Den 18]

Unfortunately, you have no "rights" as far as immigration is concerned. Even being married to a US citizen does not convey any "right" to immigrate. Immigration is a privilege which the US government can approve or deny, at their discretion.

It's difficult to understand exactly what your situation is, but this is my understanding from what you've written:

1. You're married to a US citizen.

2. You have a child together. You haven't applied for a CRBA yet.

3. Your husband submitted a petition for a spousal visa. The petition was approved, and now it's sitting at NVC waiting for your husband to send the affidavit of support fees.

4. The immigrant visa bill has been sent, but it has also not been paid yet.

Depending on your circumstances and how you completed the forms (if any), you might be able to pay the immigrant visa bill yourself (presuming you have to money to do so), but your husband has to pay the affidavit of support fee and send in the I-864. He also has to prepare and submit forms for the CRBA. If your husband has stopped cooperating then there's likely nothing you can do to complete either the immigration or CRBA yourself. You also can't force him to resume cooperating.

His tax liability could indeed be used against him for the affidavit of support, and may even make him ineligible to sponsor you on his own. It depends on his income and how big the tax liability is. However, this shouldn't prevent him from using a co-sponsor.

It sounds like your husband might just be really depressed because he got hit with a large tax bill, and now he's worried about how he's going to survive and pay his own bills, much less continue to pay for your immigration. It's not a good feeling when the government seizes all of your liquid assets, as well as a sizable portion of your wages, and doesn't even leave you with enough to pay your rent and food. The good news is that the IRS will usually negotiate with you, even after a wage withholding order has been issued. Tell your husband to call the IRS and try to work out a payment plan he can afford. If that doesn't work, tell him to hire a tax attorney and try to negotiate an offer in compromise. He might get away with paying only a fraction of his actual debt.

in addition, don't jump into conclusions right away and think about filing for annulment. your husband needs support and maybe the time too to figure out what to do.

you don't know why he's not calling (there could be a lot of reasons)...but if you can email him, write to him and tell him how you feel about your situation.

if your relatives in the US are willing to help tell your husband that.

if he does need to pay his taxes in 2007 he really has to before he can move on with your application.

good luck and god bless!

[Anh map 2,098]

From what I have seen here on VJ he would not need to settle (pay) the debt completely. He would need to have a repayment plan in place with the IRS. Do some searching here on VJ for IRS debt and owe taxes. That may help you find the threads.

[daboyz 36]

From what I have seen here on VJ he would not need to settle (pay) the debt completely. He would need to have a repayment plan in place with the IRS. Do some searching here on VJ for IRS debt and owe taxes. That may help you find the threads.

Actually that wasn't the case with me. I owed the IRS $10k from 2006. I was on a payment plan with them. My 2007 income was just over the guidelines. $18,500 or so. When my wife went tot he embassy they subtracted the $10k I owed them from 2006. That put me at $8k for 2007, well below the limits. I was lucky that my 2008 was well above the limit, and they took that.

What does 2009 look like for you? If you are below, get a co-sponsor.

Edited January 26, 2010 by daboyz

[nicole_nathan 0]

to all who answer's me here i really much appreciated of the time answering my questions here, but i think now IRS is not a problem its about his mistress now, coz they were still talking to each other and he doesnt even call us anymore ( my husband) my husband cheated on me while im pregnant before he just tell me that when i gave birth already after weeks of giving birth, and the girl was also pregnant while im pregnant that time maybe i was just a head for 3 or 4 months? that's why im thinking now to file an annulment for him, is my son can get a financial support from his father even were here in the philippines? i dont want to go there anymore, im still lucky coz as early as this i know him who he really was. thank's to all of you here, can u give me advice what to do now?

[daboyz 36]

to all who answer's me here i really much appreciated of the time answering my questions here, but i think now IRS is not a problem its about his mistress now, coz they were still talking to each other and he doesnt even call us anymore ( my husband) my husband cheated on me while im pregnant before he just tell me that when i gave birth already after weeks of giving birth, and the girl was also pregnant while im pregnant that time maybe i was just a head for 3 or 4 months? that's why im thinking now to file an annulment for him, is my son can get a financial support from his father even were here in the philippines? i dont want to go there anymore, im still lucky coz as early as this i know him who he really was. thank's to all of you here, can u give me advice what to do now?

Get a divorce or annulment. Sounds like a good thing that you found out now before coming here.

[JimVaPhuong 4,863]

to all who answer's me here i really much appreciated of the time answering my questions here, but i think now IRS is not a problem its about his mistress now, coz they were still talking to each other and he doesnt even call us anymore ( my husband) my husband cheated on me while im pregnant before he just tell me that when i gave birth already after weeks of giving birth, and the girl was also pregnant while im pregnant that time maybe i was just a head for 3 or 4 months? that's why im thinking now to file an annulment for him, is my son can get a financial support from his father even were here in the philippines? i dont want to go there anymore, im still lucky coz as early as this i know him who he really was. thank's to all of you here, can u give me advice what to do now?

Unfortunately, there is no reciprocal agreement between the US and the Philippines for the enforcement of child support. You may be able to get a court order for child support in the Philippines, but it could not be enforced against your husband in the US. He can choose to ignore it, and the US government won't take any action against him. The only way you could force him to pay child support is to hire an attorney in the US and sue your husband for child support payments in a US court. If the US court issues a judgment against him, then they will force him to pay support to you.

It's unfortunate that you never got a CRBA for the child. Unless you have some other strong evidence that your husband is the biological father, there's a good chance that the US court is going to want a paternity test before they'll issue a support order.