I need green card , help !!!

[bestwife 0]

I came to America 3 years ago with K-1 and got married before my K-1 visa expired , we have a attorney to help me to get a green card . The problem is my husband filed the tax every year but never pay since 2007. The attorney asked him to pay his taxes but my husband said he can not pay his taxes and he want the IRS to put him in jail and he will be tax free. The problem is I need my green Card now ! I need to go to my country to see my family and find a job in America. I need other suggestions , what should I do ? if I go to apply my green card with my own. It will be hopeless if I wait for him, It had been 3 years I'm getting tired waiting and waiting and waiting. And If any one know how to get SSN with my condition now. I really appreciated any help from this forum. Thanks a bunch !!

[Inky 1,111]

You cannot get an SSN you have no status and no green card.

[Filipinawife0210 15]

Divorce him, and adjust status.

[NigeriaorBust 4,087]

If you filed jointly with him then you are equally liable for outstanding taxes Contact legal help immediately

[Brother Hesekiel 2,236]

Divorce him, and adjust status.

Not possible.

A K-1 can only adjust status through the petitioning spouse. If this guy sabotages her AOS petition, she's hanging out to dry.

I wonder, however, if this might be an ulterior motive of her husband, having her fate in his hands.

Food for thought (calling Jim): could this count as a VAWA case?

[JimVaPhuong 4,863]

Not possible.

A K-1 can only adjust status through the petitioning spouse. If this guy sabotages her AOS petition, she's hanging out to dry.

I wonder, however, if this might be an ulterior motive of her husband, having her fate in his hands.

Food for thought (calling Jim): could this count as a VAWA case?

Only if he's withholding her adjustment of status as a means of manipulating or controlling her. If he didn't file the AOS because he was broke then it's not evidence for a VAWA case. VAWA requires battery or extreme cruelty. It sounds like her husband is guilty of either being poor, stupid, or a student of the Wesley Snipes School of Tax Deniers, but it doesn't sound like he's guilty of extreme cruelty. If he was then I think we would have heard about it in the opening post, given the OP's level of frustration.

Despite the long wait, she remains eligible as long as she remains married. At this point, she'd likely need more than just an affidavit of support from her husband. She'd also probably need an I-130 filed on her behalf by her husband. I don't see any way to do this without her husband's cooperation.

[Mike&Cherry 45]

Only if he's withholding her adjustment of status as a means of manipulating or controlling her. If he didn't file the AOS because he was broke then it's not evidence for a VAWA case. VAWA requires battery or extreme cruelty. It sounds like her husband is guilty of either being poor, stupid, or a student of the Wesley Snipes School of Tax Deniers, but it doesn't sound like he's guilty of extreme cruelty. If he was then I think we would have heard about it in the opening post, given the OP's level of frustration.

Despite the long wait, she remains eligible as long as she remains married. At this point, she'd likely need more than just an affidavit of support from her husband. She'd also probably need an I-130 filed on her behalf by her husband. I don't see any way to do this without her husband's cooperation.

What if her husband is in jail, will this help her or make things worse and more complicated? Will immigration have sympathy for her then?

[Krikit 1,165]

Moving from K-1 Process to Effects of Major Changes.

[sachinky 465]

No way to adjust status without the help of the USC spouse. No basis for VAWA.

As long as they got married within the 90 days, the I-130 would not be necessary. She's a qualifying relative already.

[JimVaPhuong 4,863]

What if her husband is in jail, will this help her or make things worse and more complicated? Will immigration have sympathy for her then?

Sympathy? Yeah, perhaps. This won't allow them to suspend the requirements of the law, though. You must meet the minimum requirements established by the law. After that, the sympathy of the IO may help you get them to use their discretion in your favor.

She's no longer eligible to adjust status based on the K1 visa because a K1 can only adjust to conditional permanent resident, and she's been married too long to be given conditional permanent residence. However, because she did marry the K1 petitioner she is not barred from adjusting status as the spouse of that US citizen petitioner. This means she needs an I-130 from her husband, and an I-864 affidavit of support. If he's in jail for tax evasion then I think it's a foregone conclusion she'd also need a joint sponsor. I've never heard of a petitioner signing the forms from jail, but I'm not aware of any law that forbids it.

[rlogan 2,036]

I came to America 3 years ago with K-1 and got married before my K-1 visa expired , we have a attorney to help me to get a green card . The problem is my husband filed the tax every year but never pay since 2007. The attorney asked him to pay his taxes but my husband said he can not pay his taxes and he want the IRS to put him in jail and he will be tax free. The problem is I need my green Card now ! I need to go to my country to see my family and find a job in America. I need other suggestions , what should I do ? if I go to apply my green card with my own. It will be hopeless if I wait for him, It had been 3 years I'm getting tired waiting and waiting and waiting. And If any one know how to get SSN with my condition now. I really appreciated any help from this forum. Thanks a bunch !!

If he hasn't paid since 2007, but he's been filing, then there should be some things going on like garnishment of wages or tax leins on property or seizure of assets - it is going to be financial ruin in addition to jail if it isn't already. A person who is ruining your life like this should be reconsidered as a spouse. This is delusional thinking. When people say "can't" pay taxes it generally means "won't". All the consequences stemming from that are voluntary, including putting you in this position.

The adjustment of status can still be applied for when taxes are owed, but you should have a payment plan in place and show you can survive financially. Your husband is not the King of the World. You can take responsibility to inform yourself about what is due and try to assess the situation. There are tax amnesty programs, negotiated settlements and the like - but the important thing is to stop allowing him to victimize you and start taking control of your life. If your spouse is telling you he would rather be in jail than be married and have a normal life, then he's a bum.

Your husband cannot blame the IRS or anyone else for not paying his taxes and the consequences that stem from it. You also have to accept responsibility now for what happens in your life. He failed you. So stop depending on him. Asking for help here is a sign you are starting to do that. But we are not tax attorneys. You are going to need some professional advice on how to disentangle yourself from the tax situation because as his spouse, you have liability there and the IRS is not going to allow you to escape that by just blaming him. It may end up being a situation where returning home is the best thing you can do for yourself.

If you are low enough income, there may be very little due. But there are penalties and interest that can be horrendous. The first thing you have to do is come to grips with how bad it is, what the prospects of recovery are, and whether you have to leave him to set your life in order.

Very sorry to hear of your situation. It is a terrible thing to do to someone.

[YuAndDan 153]

Divorce him, and adjust status.

That wont work, AOS is based on marriage to the petitioner of the K-1 visa, there is no other way around this, not even marriage to someone else and filing I-130+I-485, it will be denied.

[coraliesolms 47]

Wouldnt him choosing to go to jail instead of make arrangements with the IRS be considered him "abandoning" her?

[Justine+David 218]

Sounds like your husband is being either very naive or very immature You need to make him realize that your status in the US is in danger here if he doesn't file taxes...