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

[CC90 90]

It shouldnt be difficult to fix this issue.

You'd be prudent to do so before you adjust status. You're playing with fire if you don't. This is not just an IRS issue.

You cannot cherry-pick the responses that make you feel better and assume that they are right. Reality does not become what you define it.

[ceadsearc 516]

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.

Yes, it doesn't matter that he has a different occupation, people change jobs. 2011 taxes aren't due yet so if he also filed 2008 then all he needs to file now is 2010.

I would suggest you do those taxes first so you have an idea of his yearly income, but otherwise you can figure out an average. I've never had to do this so hopefully someone else can advise you on the best way to work out that number.

[Freedove7 17]

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.

I know an interview is required,but what im asking is why is another interview required in 2 years .

[CC90 90]

I know an interview is required,but what im asking is why is another interview required in 2 years .

It won't be.

[Freedove7 17]

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.

Yes .That is the simplest thing to do at the moment...makes sense.He will file.

It won't be.

Thats what a member on here had stated..

[Freedove7 17]

Yes, it doesn't matter that he has a different occupation, people change jobs. 2011 taxes aren't due yet so if he also filed 2008 then all he needs to file now is 2010.

I would suggest you do those taxes first so you have an idea of his yearly income, but otherwise you can figure out an average. I've never had to do this so hopefully someone else can advise you on the best way to work out that number.

You're right.You juts made mejust notice that he actually owes only one year of taxes.Now I might need to send my application a little later than I had planned.

[VanessaTony 3,567]

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.

There is no requirement for tax returns. You probably just submitted them as proof of co-mingling as she probably applied based on 3 years and the OP's husband probably filed on 5 years (so no marital co-mingling required).

[Freedove7 17]

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.

He left it blank...he only stated who his employer was.No question was asked.

Edited November 26, 2011 by Freedove7

[CC90 90]

He left it blank...he only stated who his employer was.No question was asked.

Part 10. Question 4 on the N-400:

Since becoming a lawful permanent resident, have you EVER failed to file a required Federal, state, or local tax return?

Leaving this question blank is not optional.

[Freedove7 17]

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.

Well his interview went well and he was granted citizenship.The whole process took 6 months and I witness every single step.What do you mean I " played fast and loose?" Please elaborate.Btw,im out of status,not illegal.I went through inspection when I entered the U.S. 18 years ago.Illegal means you entered without inspection and are undocumented.Aleast thats what I learned.Can anyone back me up on this one ?

[CC90 90]

Btw,im out of status,not illegal.

You are considered unlawfully present, i.e. illegally present in the US. Entering without inspection is also being illegally present. You cannot choose what to call it.

I went through inspection when I entered the U.S. 18 years ago.Illegal means you entered without inspection and are undocumented.Aleast thats what I learned.Can anyone back me up on this one ?

Illegal = Not in legal status. You are still considered illegal in the eyes of the law.

You can call it what you want.

Edited November 27, 2011 by CC90

[Freedove7 17]

You are considered unlawfully present, i.e. illegally present in the US. Entering without inspection is also being illegally present. You cannot choose what to call it.

Illegal = Not in legal status. You are still considered illegal in the eyes of the law.

You can call it what you want.

Hopefully not for too much longer :-)

[ceadsearc 516]

Part 10. Question 4 on the N-400:

Since becoming a lawful permanent resident, have you EVER failed to file a required Federal, state, or local tax return?

Leaving this question blank is not optional.

Perhaps at the time he filed, the deadline for filing 2010 taxes had not yet passed? That's the only thing I can think.

[Justine+David 218]

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?

I'm saying that if he puts down $0 as his income when he actually made money, that's misrepresentation. Don't you agree?

[VanessaTony 3,567]

Well his interview went well and he was granted citizenship.The whole process took 6 months and I witness every single step.What do you mean I " played fast and loose?" Please elaborate.Btw,im out of status,not illegal.I went through inspection when I entered the U.S. 18 years ago.Illegal means you entered without inspection and are undocumented.Aleast thats what I learned.Can anyone back me up on this one ?

He means "you" collectively, as in your and your husband. If at the time of naturalizing he lied on his forms (that box that said "have you ever failed to file?") he is guilty of a misrepresentation. His citizenship can be revoked. This will cancel YOUR LPR status (if you get it).

You are illegal. You might not like the term but that's just what it is. You can call yourself an "over-stayer", that's true too, but if you were ever arrested they would have said "she is here illegally, she overstayed her visa/I-94".