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

[Soapz 14]

Freedove, both of you have to think long-term. First of all, your husband cheats himself out of retirement benefits. Second, if he has no sound reasoning behind it, it might be a problem at the interview. Also, in two years both of you have to go to another interview - what if he gets caught not paying taxes? You gonna tell USCIS he couldn't make the interview because he is in jail? I think this is a bit short-sighted. You might want to reconsider filing at least for last year - the taxes won't kill you - instead it might make you sleep better...

[hikergirl 277]

You are in the country illegally and have been for a very long time and your husband who is also your petitioner for some reason doesn't file taxes.

This may be one of the cases where hiring a lawyer may become necessary.

[Anh map 2,098]

No one can say with certainty how an adjudicating officer will act. With a joint sponsor there may be less scrutiny of the petitioner's I-864. USCIS won't share information with the IRS.

The biggest potential problem in this scenario is at an interview if the OP is asked about their spouse's work. If their answer does not match the information provided (and the interviewing officer is really paying attention to the information presented in the petitioner's affidavit of support) it is a possible problem.

Not being truthful (lying) at the interview can have significant consequences. Worst case scenario: material misrepresentations (lying) can result in a ban.

[no more 16]

I take it you have been through the AOS process yourself?

I am startingit.....and exactly why are you singling me out...Otherpeople on this thread are saying this is a problem. Either way NOT filing your taxes will come back on them. And asothers have stated that this can be a problem. SHe is worried because she has cause to be worried. Whether with USCIS or IRS....take your pick.....

[no more 16]

No one can say with certainty how an adjudicating officer will act. With a joint sponsor there may be less scrutiny of the petitioner's I-864. USCIS won't share information with the IRS.

The biggest potential problem in this scenario is at an interview if the OP is asked about their spouse's work. If their answer does not match the information provided (and the interviewing officer is really paying attention to the information presented in the petitioner's affidavit of support) it is a possible problem.

Not being truthful (lying) at the interview can have significant consequences. Worst case scenario: material misrepresentations (lying) can result in a ban.

agreed.

[payxibka 10,045]

I am startingit.....and exactly why are you singling me out...Otherpeople on this thread are saying this is a problem. Either way NOT filing your taxes will come back on them. And asothers have stated that this can be a problem. SHe is worried because she has cause to be worried. Whether with USCIS or IRS....take your pick.....

She has cause to worry but not from an immigration standpoint on this particular issue. You have on multiple posts have said she does, was just curious about your experience level in AOS. You answered my question, you don't have any.

[ceadsearc 516]

She has cause to worry but not from an immigration standpoint on this particular issue. You have on multiple posts have said she does, was just curious about your experience level in AOS. You answered my question, you don't have any.

Not necessarily. There is no guarantee they won't receive an RFE requesting the husband's tax returns, even if they have a cosponsor. They may not, but they quite possibly could. Here are two cases on VJ alone where a co-sponsor was used but nonetheless an RFE was received for the US citizen's tax returns.

http://www.visajourney.com/forums/topic/296877-rfe-i-864-from-wife-student/

http://www.visajourney.com/forums/topic/183202-i-485-rfe/

Now, the OP's husband can either file the taxes now and include the returns with their application. Or they can file without using a cosponsor, hope they don't get an RFE, and if they do have to rush to get it done, sent back in, and hopefully accepted or risk getting their application denied.

[Answerseeker 77 2]

From my point of view. this is a bigger legal issue, and if I were you I would consult a laywer (immigration expert lawyer) with your petitioner before doing anything stupid. All these replies are only opinions against each other, so take them as just an information but your steps must be based on the advises of the legal experts of the law. .... Remember that you need a financially solid Co-sponsor in your case. this is my opinion and you cannot qoute me in the court of law

[payxibka 10,045]

Not necessarily. There is no guarantee they won't receive an RFE requesting the husband's tax returns, even if they have a cosponsor. They may not, but they quite possibly could. Here are two cases on VJ alone where a co-sponsor was used but nonetheless an RFE was received for the US citizen's tax returns.

http://www.visajourney.com/forums/topic/296877-rfe-i-864-from-wife-student/

http://www.visajourney.com/forums/topic/183202-i-485-rfe/

Now, the OP's husband can either file the taxes now and include the returns with their application. Or they can file without using a cosponsor, hope they don't get an RFE, and if they do have to rush to get it done, sent back in, and hopefully accepted or risk getting their application denied.

facts are quite different. case #1 the spouse did not provide an I-864 at all. Case2 the I-864's had income noted without the proper support.

[ceadsearc 516]

facts are quite different. case #1 the spouse did not provide an I-864 at all. Case2 the I-864's had income noted without the proper support.

Yes, but the OP's husband MUST file an 864 as well, so he will also have income noted without proper support just like in the second case. I'm not sure how they could get around it without lying.

Again, I'm not saying they WILL get an RFE. I'm saying they COULD get an RFE, and they have to determine if that is a chance they are willing to take.

[Justine+David 218]

You MUST put down his income on the 864 and if you try to cover it up by saying he has $0 income, you could be denied for lying to USCIS and banned.

Honestly...I don't understand what your husband is playing at. He could go to jail for this (willfully not filing for taxes) and his wife could be deported if he tries to misrepresent himself (not to mention that you've been out of status for many years). Does he not realize what kind of fire he is playing? It sounds pretty selfish, IMO.

[payxibka 10,045]

You MUST put down his income on the 864 and if you try to cover it up by saying he has $0 income, you could be denied for lying to USCIS and banned.

Honestly...I don't understand what your husband is playing at. He could go to jail for this (willfully not filing for taxes) and his wife could be deported if he tries to misrepresent himself (not to mention that you've been out of status for many years). Does he not realize what kind of fire he is playing? It sounds pretty selfish, IMO.

So you are saying that they will be denied for under reporting there income?

When I filled out the I-864, I did not report any assets... did I commit misrepresentation?

[ceadsearc 516]

So you are saying that they will be denied for under reporting there income?

When I filled out the I-864, I did not report any assets... did I commit misrepresentation?

No. The instructions clearly state you only need to include assets IF you are using them to meet the income guidelines. But the instructions ALSO clearly state that anyone who was required to file taxes and did not MUST file back taxes AND include documentation from IRS to this effect BEFORE filing the 864.

Perhaps it's not required to report income but I can't imagine lying on a government document and saying you don't work when you do, for the purpose of evading paying taxes, is allowable.

[Gosia & Tito 199]

Freedove, both of you have to think long-term. First of all, your husband cheats himself out of retirement benefits. Second, if he has no sound reasoning behind it, it might be a problem at the interview. Also, in two years both of you have to go to another interview - what if he gets caught not paying taxes? You gonna tell USCIS he couldn't make the interview because he is in jail? I think this is a bit short-sighted. You might want to reconsider filing at least for last year - the taxes won't kill you - instead it might make you sleep better...

Second that, the short-sighted part. AOS will likely proceed with co-sponsor without much problems at all; but that does not "clean" up the tax problem (which is an entirely different problem and one not the focus of VJ). Besides the long term implications on social security, medicaid, etc; there is something here that is (or should be) important: to follow the law. (tax laws in this case).

USCIS does not share records with IRS, so you both are 'safe' there; but you are doing yourself a big disfavor by being accessory to a possible tax fraud (can't say it is, as no one here except your husband knows his actual income and deductions, etc).

[Freedove7 17]

Well in the future don't do that... because then the mods will need to merge the threads ... oh wait, they already did

Leasson learned ! Lol