I have been living in the States for 6 years and married 3

[mizzbaxx 0]

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

Edited August 7, 2007 by mizzbaxx

[pushbrk 13,222]

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

Generally, overstays are forgiven as long as you didn't enter without inspection and sometimes even then. If your earlier I-130 is still in the system, perhaps you can pick up where you left off. Check with USCIS on that. If it is not usable, you'll need to start over again. At least an initial consultation with a qualifed immigration attorney is probably a good idea given your circumstances.

[Kez/JWolf 6]

If you have a approved I-130 just file your AOS packet and include a copy of the approval notice for the I-130... but you will need to have proof of income and they will ask for tax returns...

A chat with an immigration lawyer is always a good idea just to make sure there is nothing about your case that could cause you problems down the road.... but the forms and the process are easy to do yourself....

Good Luck

Kez

[ken and mintra 0]

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

Generally, overstays are forgiven as long as you didn't enter without inspection and sometimes even then. If your earlier I-130 is still in the system, perhaps you can pick up where you left off. Check with USCIS on that. If it is not usable, you'll need to start over again. At least an initial consultation with a qualifed immigration attorney is probably a good idea given your circumstances.

If what I am reading that you wrote is accurate then your husband is a potential felon and could possibly wind up in prison or suffer huge financial penalities and fines for committing tax fraud and tax evasion for earning income and not paying taxes. Depending on the amount of money that he hasn't paid in taxes he could lose both his business and his house/s. He might be able to support you "VERY" well because, according to what you wrote, he's been cheating the government out of money he owes and is allowing the rest of America to support our system of government for him. If I were you I'd be a little pissed that he choose not to make you legal because he wasn't "legal" in his financial dealings and puts you and your daughter in jeopardy of being deported. The government will probably assume that even if your not working (my assumption) then you should have known that he should have been filing taxes and therefore hold you accountable along with him since you are married. You may have a hard time explaining to USCIS/IRS why you chose to stop the process before without getting him in a legal mess. The IRS can go back 7 years or more in cases of tax fraud and tax evasion. You better be very careful. If I read your post incorrectly then I apologize. If not, you have a lot to worry about. I know two people that this has happened to and they were ruined financially. Not trying to scare you but it's just an honest assessment of the information you gave. I think doing anything short of hiring an attorney would be unwise. I am not a tax attorney but do work in the legal system and have been exposed to cases like this before. For you to get citizenship or permanent residence, it might require him to come clean. Good luck.

[chris4gretchen 1]

he has to pay taxes if he is going to prove he can support you. since he can support you "very well", id say he is in deep trouble for not filing taxes and reporting his "very well" income. self employed or not he has to report his income, and he needs a good attorney now. either he has income and can support you or he doesnt. i'd be very upset at him for putting you in this predicament and your daughter as well.

im irritated just reading about it since i've had to pay every year for the last 5 years and hes breaking the law skipping out on it and leaving it to all of us regular citizens to fund this country. they should deport him and leave you and your daughter even though you're here illegally also. Normaly they will forgive an overstay that is adjusted of status, but with your tax issues and non support, its dicey.

good luck

Chris

[Yodrak 7]

mizzbaxx,

The first thing you need to do is to get your husband to stop being a tax cheat.

Yodrak

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

Edited August 8, 2007 by Yodrak

[pushbrk 13,222]

I agree that he husband needs to file tax returns and make things right with the IRS, but I'm not ready to call the man a tax cheat. One is required to file tax returns when there is enough income to require it. We don't know if there is any actual tax liability, no matter how likely it may seem.

Obviously, getting right with the IRS will be part of the process. Beyond that, I don't see any need for that to be addressed in this forum. We certainly don't need to be scaring people with talk of felonies. There is a whole industry out there with former IRS agents assisting people in the process of reconciling with the IRS, without criminal considerations. Further, USCIS is not concerned with whether taxes are paid. They want to see the tax returns, not the receipt for payment.

mizzbaxx,

The first thing you need to do is to get your husband to stop being a tax cheat.

Yodrak

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

Edited August 8, 2007 by pushbrk

[ken and mintra 0]

I agree that he husband needs to file tax returns and make things right with the IRS, but I'm not ready to call the man a tax cheat. One is required to file tax returns when there is enough income to require it. We don't know if there is any actual tax liability, no matter how likely it may seem.

Obviously, getting right with the IRS will be part of the process. Beyond that, I don't see any need for that to be addressed in this forum. We certainly don't need to be scaring people with talk of felonies. There is a whole industry out there with former IRS agents assisting people in the process of reconciling with the IRS, without criminal considerations. Further, USCIS is not concerned with whether taxes are paid. They want to see the tax returns, not the receipt for payment.

mizzbaxx,

The first thing you need to do is to get your husband to stop being a tax cheat.

Yodrak

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

She said he's doing "very well" supporting her and her daughter and he STOPPED the process to get her legal because he knew he was committing a crime. He didn't stop the process because he didn't have a tax liability. Even if you don't have to pay taxes you still must FILE. Let's remove our heads from places that keep us from seeing. It's all in her post. Her words, not mine.

[Yodrak 7]

pushbrk makes a valid point.

My point was the 'law of unintended consequences'. The IRS hasn't got him, but who thinks about marrying a foreigner when filing (or not) their tax returns? Whoopsies.

Yodrak

I agree that he husband needs to file tax returns and make things right with the IRS, but I'm not ready to call the man a tax cheat. One is required to file tax returns when there is enough income to require it. We don't know if there is any actual tax liability, no matter how likely it may seem.

Obviously, getting right with the IRS will be part of the process. Beyond that, I don't see any need for that to be addressed in this forum. We certainly don't need to be scaring people with talk of felonies. There is a whole industry out there with former IRS agents assisting people in the process of reconciling with the IRS, without criminal considerations. Further, USCIS is not concerned with whether taxes are paid. They want to see the tax returns, not the receipt for payment.

mizzbaxx,

The first thing you need to do is to get your husband to stop being a tax cheat.

Yodrak

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

She said he's doing "very well" supporting her and her daughter and he STOPPED the process to get her legal because he knew he was committing a crime. He didn't stop the process because he didn't have a tax liability. Even if you don't have to pay taxes you still must FILE. Let's remove our heads from places that keep us from seeing. It's all in her post. Her words, not mine.

Edited August 8, 2007 by Yodrak

[chuckandkim 0]

The question is:

How can one find an attorney who practices both TAX Law and Immigration?

[John & Annie 0]

My recommendation would be to get a really good tax guy to help clean things up. As one having had plenty of dealings with the IRS, as long as you get current they really do not care. But they will be looking for discrepancies, which could trigger an audit. So make sure everything is done right.

Another option is if there is a lot of money in the bank, you file that way.

Then as suggested above, consult with a good immigration lawyer.

[Yodrak 7]

chuckandkim,

Most likely one doesn't. Most attorneys know other attorneys who they can go to when they need assistance with issues that are outside of their own specialty (same as physicians).

Yodrak

The question is:

How can one find an attorney who practices both TAX Law and Immigration?

[PaulineA 1]

Hi everyone. This is my first time here and I sure hope some of you can help me with my questions.

I have been living here in the states for 6 years with my daughter. We are canadian by the way. My husband and I were married almost 3 years ago (September). He had started the process of getting us "legal". Iwas approved for the I130 but then he stopped when they sent papers stating that he needed to fill out to prove he could support us. The reason for that is he has his own business and has not filed taxes in a few years. Just so you know, he can support us VERY comfortably (has been for 3yrs. now).

Now, my question is, where do we go from here? Do we need to start the whole process again?? Are there any different circumstances if you have been married more than 2 years?? Please, do not tell me that I have to go back while the process takes place.

I need any suggestions, HELP that you guys can give me.

My daughter and I haven't been back home (Canada) all this time and want to go badly (to visit only). PLEASE PLEASE HELP!!!!!

If your husband has not filed taxes then he will have to get his tax situation sorted out, or give a good explanation as to why he hasn't filed taxes in the past 3 years. Whether he can support you or not has no bearing on your application as he needs to provide tax returns in order to prove his income.