Are we in trouble?

[indianalady06 0]

Okay, so this may seem like one of the strangest things that could happen... but here goes. We filed the I-129F in February and received our first NOA. Things are going pretty good, just waiting for the NOA2 and felt confident that he could probably be here by August. BUT.... now he got something in the mail from the German government/customs saying they know he has brought goods into Germany (nothing horrible, just clothes and bookbags and stuff he bought on clearance) from the USA and sold them without paying the taxes and such in Germany. I know this sounds like something horrible, but he isn't a criminal The total value of everything was about $2000. He sold them on Ebay and didn't even think about it being a problem. This all happened 3 years ago but just got in trouble now. We'll pay whatever fees are required. Anyway, does anyone have any clue about what we should do, should he find a lawyer, does anyone know what kind of penalty it may be? I hope we can just pay them the money back plus whatever extra fees there are and it be forgotten He meant no harm by what he did, and now he feels horrible. Plus my bigger questions are: will he not be able to get his visa now? will this just majorly slow down the process? or should everything be fine once all is taken care of? Ugh I just can't believe this is happening!!! Thanks for any help you guys can give me, I just don't know where to begin!

[thai2luv 0]

I am no expert on German tax law, but it doesn't sound like anything too serious. You mention it's not a crime, probably just a matter of paying the back taxes and possibly a penalty. the U.S. gov't would, in most cases, rather have the money than file charges and put someone behind bars.

Once he pays the taxes, fess, etc...., that's probably the end of the story.

Okay, so this may seem like one of the strangest things that could happen... but here goes. We filed the I-129F in February and received our first NOA. Things are going pretty good, just waiting for the NOA2 and felt confident that he could probably be here by August. BUT.... now he got something in the mail from the German government/customs saying they know he has brought goods into Germany (nothing horrible, just clothes and bookbags and stuff he bought on clearance) from the USA and sold them without paying the taxes and such in Germany. I know this sounds like something horrible, but he isn't a criminal The total value of everything was about $2000. He sold them on Ebay and didn't even think about it being a problem. This all happened 3 years ago but just got in trouble now. We'll pay whatever fees are required. Anyway, does anyone have any clue about what we should do, should he find a lawyer, does anyone know what kind of penalty it may be? I hope we can just pay them the money back plus whatever extra fees there are and it be forgotten He meant no harm by what he did, and now he feels horrible. Plus my bigger questions are: will he not be able to get his visa now? will this just majorly slow down the process? or should everything be fine once all is taken care of? Ugh I just can't believe this is happening!!! Thanks for any help you guys can give me, I just don't know where to begin!

Edited April 8, 2006 by thai2luv

[000OOO000 0]

How did they find out anyhow?

[indianalady06 0]

How did they find out anyhow?

I'm not really sure, and I don't know why it took so long. He sold some Eastpack backpacks and I guess those can't be purchased in Germany? So that might have been the first clue. I did some research about it and found out on an ebay website that sometimes Ebay competitors may turn people in, and other times lawyers turn people in? I'm not sure.... that's just what the post said.

[j&js 0]

I don't know how this would happen, but is it possible that the name checks being done for the visa somehow clued someone into this? I don't understand how it would happen but find it odd that a 3-year old issue would pop up at exactly this time...

[indianalady06 0]

I don't know how this would happen, but is it possible that the name checks being done for the visa somehow clued someone into this? I don't understand how it would happen but find it odd that a 3-year old issue would pop up at exactly this time...

I don't know, I was wondering about that myself, too, but it just seems too early for them to really be running the checks. I got the first NOA only 45 days ago and right now it seems they are processing December's petitions. Haha, but I'm beginning to realize anything can happen... I'm just trying to stay positive while I search out more info. Any more opinions or advice would be helpful, thanks!

[j&js 0]

If it was me, I would probably go forward with the immigration process until it became an issue. At the same time I would try to very quickly figure out how I could square things with the German and US govts (if they wanted back taxes, fees or whatever) I would cross my fingers and hope it didn't become an issue. If and when it does, I would run to the nearest immigration lawyer (actually I would be doing some research on good ones, maybe even getting a free consultation in the meantime)

This is by no means an expert opinion, just trying to think how I would do things if I were in your place!

[chocolaterie 1]

Ebay can be so terrible. My husband sells computer stuff on it, and it's horrible the way people act. I hope everything turns out for the best!

[Fischkoepfin 1]

The German government is doing all they can currently to track down people who didn't tax their income or tried to get around paying customs. It's not a good thing if you get caught, but it's not bad either unless he refuses to pay. Tax evasion is a crime but in order to actually go to court for it, it has to be worthwhile, and since a law suit would exceed the amount under consideration, it will be ok.

Tell him to contact the Finanzamt (the German IRS) and negotiate a settlement. It's best to be apololetic and to pretend that one didn't do it on purpose. They'll be happy to find out that he'll pay asap and things will be fine.

[indianalady06 0]

Wow, thanks for that news Fischkoepfin. I've just been kind of freaking out about this... So you don't think it's necessary to get a German lawyer? I would just rather err on the side of caution! And do you happen to know if everything gets worked out between him and the Finanzamt if anything will be on a permanent record? Thanks soo much again!

[Fischkoepfin 1]

Wow, thanks for that news Fischkoepfin. I've just been kind of freaking out about this... So you don't think it's necessary to get a German lawyer? I would just rather err on the side of caution! And do you happen to know if everything gets worked out between him and the Finanzamt if anything will be on a permanent record? Thanks soo much again!

If the Finanzamt happens to be uncooperative and threatens to sue, he can still hire a lawyer. But from what I've observed from other people owing money to the Finanzamt, they are usually more interested in the money than in a lawsuit. And unless your fiance is convicted of tax evasion in front of a German criminal court, there's no need to worry because only criminal convictions go on the police certificate in Germany.

So, why don't you ask him to call the Finanzamt on Monday and ask them what they want and how they want him to rectify the problem. While he's at that he can ask them if this oversight on his part will have any consequences. But I'm sure everything will be ok.

[indianalady06 0]

I love this website. Everyone just seems so helpful and caring. Just a few more questions. I talked to my fiance and he said the letter came from Customs, so it sounds like its more of an issue with the paying taxes on goods for resale than the taxes on income. So should he call the Customs office instead? Is this a bigger issue? I hope not! Also, they requested a letter from him within 3 weeks, but I still think it's not a bad idea to call also, especially so we can hopefully have some good news a little faster and it could help ease my nerves. Or worst case scenario, he could start looking for an attorney. What do you think?

Thanks for everyones help - you guys are what make this website so great!

Edited April 8, 2006 by indianalady06

[Fischkoepfin 1]

Have him call customs and see if he can settle it or if they can at least tell him what to do to get the issue out of his way. If they give him a time limit, it usually means they're willing to discuss things; he needs to make sure to keep the deadline though. I wouldn't worry too much until then; as long as there is no conviction there shouldn't be a problem.

Good luck!

[indianalady06 0]

Well, he called Customs yesterday and they said don't worry about it, also. What a relief... I'm still a little worried his name could come up on a background check or something, but only because I don't want anything to slow down this already slow process! But they assured him nothing would be on a criminal record as long as it's taken care of. Phew.... Until then, I guess it's just more waiting!

[Ladylethal 12]

I don't see how they would find out. I don't see why they would bother for such small value, and I don't see how that could affect your visa.