My petitioner doesnt pay taxes..Will this be an issue ?

[Freedove7 17]

I will be adjusting my status in the U.S.My husband is a freelance and doesn't pay taxes.He gets paid with checks but I think this is still considered working "under the table." Will they deny my application because my petitioner doesnt pay taxes ? I will get a joint Sponsor, but I'm afraid that since my husband is the petitioner and doesnt have a way to prove his income,this might be an issue.Any thoughts ?

[EAbbas 213]

I will be adjusting my status in the U.S.My husband is a freelance and doesn't pay taxes.He gets paid with checks but I think this is still considered working "under the table." Will they deny my application because my petitioner doesnt pay taxes ? I will get a joint Sponsor, but I'm afraid that since my husband is the petitioner and doesnt have a way to prove his income,this might be an issue.Any thoughts ?

Even if he is a freelancer/self employed he still has to pay US taxes. Is there a reason he isn't paying taxes?

[Penguin_ie 5,993]

He will need to file back taxes for at least the last three years,

[bigdog 376]

No tax filing nothing will proceed, a filing is needed for three years.

[souleymon 27]

No tax filing nothing will proceed, a filing is needed for three years.

[Enigma11561 336]

Many people receive cash for employment. Such a waiter getting tips, or a mechanic taking on extra work on the side, or your husband. It is only considered "under the table" when it is not declared and no taxes are paid.He needs to file. If this means he will owe taxes that he cannot pay right away, he can make payment arrangements with the IRS. The USCIS does not care so much that he might be paying off this debt,as much as he can show he can support you.

[Freedove7 17]

Many people receive cash for employment. Such a waiter getting tips, or a mechanic taking on extra work on the side, or your husband. It is only considered "under the table" when it is not declared and no taxes are paid.He needs to file. If this means he will owe taxes that he cannot pay right away, he can make payment arrangements with the IRS. The USCIS does not care so much that he might be paying off this debt,as much as he can show he can support you.

I will have a joint sponsor with good income and who does pay tax.Will it still matter that my petitioner doesnt file for taxes ?

I thought it was optional to show proof of filing for the last 3 years? atleast thats what it says on the application.It says to show proof of filing for the most recent tax year.

No tax filing nothing will proceed, a filing is needed for three years.

What if I have a joint sponsor ?

[Freedove7 17]

I posted another question in regards to this.My husband,the petitioner for my AOS, doesnt file for taxes.He gets paid with checks and cash and works as an Event Planner for a company.He says the company files taxes .Im confused...Anyhow,will him not paying taxes prevent me from being approved ?Can we just send a copy of his checks and a letter frm his employer ?what if I just get a Joint Sponsor ?

Edited November 26, 2011 by Freedove7

[CC90 90]

It depends on how much he's actually making. For self-employed people like your husband, he must file for income over $400. Does he receive 1099's? He's also cheating himself on social security and, not to mention, the rest of the American people.

You will have to justify why he hasn't been filing returns. If you do anything other than file the back taxes, you and your husband could be getting into some serious trouble.

Your joint sponsor does not matter.

[payxibka 10,045]

much ado about nothing.

Your petitioner will file with no taxable income and your joint sponsor will take the burden of your immigration support.

You won't be denied because of this situation.

Edited November 26, 2011 by payxibka

[Freedove7 17]

much ado about nothing.

Your petitioner will file with no taxable income and your joint sponsor will take the burden of your immigration support.

You won't be denied because of this situation.

I hope you're right .I hope all goes well

[Freedove7 17]

It depends on how much he's actually making. For self-employed people like your husband, he must file for income over $400. Does he receive 1099's? He's also cheating himself on social security and, not to mention, the rest of the American people.

You will have to justify why he hasn't been filing returns. If you do anything other than file the back taxes, you and your husband could be getting into some serious trouble.

Your joint sponsor does not matter.

He says the company files for taxes.What is the purpose of a Joint Sponsor? He became an American Citizen this year with no problem,why might him not paying for taxes pose a problem with my AoS application ?

[Gosia & Tito 199]

I posted another question in regards to this.My husband,the petitioner for my AOS, doesnt file for taxes.He gets paid with checks and cash and works as an Event Planner for a company.He says the company files taxes .Im confused...Anyhow,will him not paying taxes prevent me from being approved ?Can we just send a copy of his checks and a letter frm his employer ?what if I just get a Joint Sponsor ?

Everyone, even if not actually going to pay taxes (because of lower income) is supposed to file. Many people who are below the tax rates or whose exceptions/deductions are high and hence will not be actually paying often do not; that could be the case here; but for things like an immigration process, you need them.

"The company files taxes" could mean that his company prepares them and files, yet he still needs to sign. Or it could mean the company files their own taxes in which case it has nothing to do with your husband's

One alternative would be to file retroactively, but this could open a can of worms as he might discover that he indeed now owes back taxes. This last will still need to be fixed, but perhaps that is the best course of action and know ahead of time and with time to correct that.

USCIS wants evidence that he can support you in a sustainable manner, and tax records are just the easiest way to do that, though the 864 requires at least the last year I believe.

And yes, co-sponsor would do, but the potential tax liability is not going to be fixed by itself.

[payxibka 10,045]

He says the company files for taxes.What is the purpose of a Joint Sponsor? He became an American Citizen this year with no problem,why might him not paying for taxes pose a problem with my AoS application ?

He is mistaken, his company does not file for nor do they satisfy his individual tax filing obligation. Period.

He really needs to understand the potential ramifications of his decision to not file and the ramifications to you if you choose to follow his decision. Since you are aware of what he is doing, the provision of "innocent spouse" may not apply to you.

Edited November 26, 2011 by payxibka

[payxibka 10,045]

I posted another question in regards to this.My husband,the petitioner for my AOS, doesnt file for taxes.He gets paid with checks and cash and works as an Event Planner for a company.He says the company files taxes .Im confused...Anyhow,will him not paying taxes prevent me from being approved ?Can we just send a copy of his checks and a letter frm his employer ?what if I just get a Joint Sponsor ?

Why did you start a new thread? Did you think the answers would be different?