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

[Freedove7 17]

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...

You're right .I spoke to him and he agreed to file . I have no idea why he didnt do so for the past two years.

[VanessaTony 3,567]

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

I have. When the OP's husband submits his I-864 they look at the income page. He MUST complete this form.

Page 8 of the I-864 instructions talks about Federal Income tax returns. It states if he's not required to file he must include a written explanation for why he wasn't supposed to file. He would put a 0 in the last three tax return income box and then his explanation is what? He going to say that he doesn't work? They're not going to believe that because how is he supporting himself? There will be proof somewhere that he works, and what exactly is the OP to do then when they find out the USC lied?

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OP - he needs to file his back taxes for the last 3 years. There is no way around this. Failure to file his taxes is bad enough (as you see above) and then to lie on the form... very foolish.

[Freedove7 17]

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...

Why is an interview necessary? We've been married for over three years.I learned that I will get the 10 year Permanent Residency .

[Gary and Alla 3,694]

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

He saves money not paying taxes. He is required to file and pay taxes. He will not be able to sponsor you without being able to submit the most recent tax return and a statement of gross income for the previous two years which must match what was filed with the IRS. The petitioner is required to be the sponsor, even if he has a co-sponsor

Google "!040-Year" for each year he needs to file, complete the returns and file the returns, If there is a substantial amount of tax owed (plus late fees, penalities and interest) I suggest he get in touch with the IRS and make payment arrangements.

[Freedove7 17]

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.

If thats the biggest potential problem then I guess we have nothing to worry about.There is no reason for us to lie about his occupation.Also the fact that he hasnt paid taxes for the last two years didnt prevent him from becoming a US Citizen this year.All went well.Anyhow,I hope I get a competent Adj. Officer :-/

[CC90 90]

Why is an interview necessary? We've been married for over three years.I learned that I will get the 10 year Permanent Residency .

The interview is required by regulation; there is no way around it in this case.

You will not have conditions based on the length of your marriage, but this has no bearing on the interview. If anything, it will make the interview more probing because they know that they will not have the opportunity to check later, which is distinct from a removal of conditions process.

[Freedove7 17]

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.

I dont like the term illegal.I prefer to say im an over-stayer.My father petitioned for me a few years ago and a visa number became available for me despite my status.However,my case was revoked because aI got married before the process was finalized.Why should my status pose a problem rhis time around? I will have a legal representitive though...just in case.

[Gary and Alla 3,694]

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.

What if I have a joint sponsor ?

The petitioner MUST be the "sponsor" and MUST file all the same documents as the co-sponsor.

You must attach the previous years income tax return and STATE the gross income for the two previous years prior to that and that amount MUST match the amount filed with the IRS (they CAN check) You cannot state that amount without having filed the tax return (review the I-864 form and you will see what I mean) And YES the are in "cahoots". The IRS is the most diligent collection agency on the world and they WILL find a way to get the money.

Once again, no one here has told you wrong. Your fiancee MUST file three years tax returns and either pay the tax (plus penalties, interest and late fees) OR make payment arrangements. Simple answer.

[CC90 90]

Also the fact that he hasnt paid taxes for the last two years didnt prevent him from becoming a US Citizen this year.All went well.

This is a different discussion, but what did he say his occupation and income was when he applied for naturalization? Filing taxes on time, if required, is an absolute requirement to naturalize. If he lied there, there's a chance he could be in major trouble.

[Freedove7 17]

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.

Btw,thanks for the phone number !

[Gary and Alla 3,694]

If thats the biggest potential problem then I guess we have nothing to worry about.There is no reason for us to lie about his occupation.Also the fact that he hasnt paid taxes for the last two years didnt prevent him from becoming a US Citizen this year.All went well.Anyhow,I hope I get a competent Adj. Officer :-/

Really? I just filed Alla's naturalization and had to attach income tax returns and state that she had filed tax returns. It is a question on the N-400 form. If he has not he is ineligible for citizenship and if he lied he has more problems.

Clearly you have played fast and loose and you may get away with it (it does not matter that you do not "like" to call it being here illegally) or you may not.

[Freedove7 17]

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.

He last filed for taxes in 2009. Should we send a copy of that one even though he has a diiferent employer and occupation? He does plan on filing for taxes asap though.

[Freedove7 17]

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.

He doesnt get paid the same amount of money every week.Which amount do we put ? The greater or lesser one ? (if this makes any sense)

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

I agree

[CC90 90]

He last filed for taxes in 2009. Should we send a copy of that one even though he has a diiferent employer and occupation? He does plan on filing for taxes asap though.

In that case, he's just late for filing for one year: 2010. That is not a big deal for IRS purposes (assuming he filed for 2008). You cannot file 2011 yet because the year is not over.

Edited November 26, 2011 by CC90

[Freedove7 17]

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).

You're absolutely right.I know not filing taxes is a disadvantage,but right now im more concerned about adjusting my status and having everything go smoothly.I dont mean ro sound selfish,but he could always file for back taxes.Its really crucial that I get approved.This is my main concern at the moment.Its only been two years since he has not filed.It shouldnt be difficult to fix this issue.