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

[VanessaTony 3,567]

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

That's what I'm wondering. April 18 I think it was this year. That's the only way he might not get into trouble... It just shocks me that he finally achieved Citizeship and now he just doesn't give a toss about the rules of the country he just gave his oath for? Some people...

[Freedove7 17]

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".

[/quote

Well how about we be a bit more positive here.Btw,I didnt enter the US. with a visa; nor did I ever receive an I 94... I might have gotten an I 94 w ,but im not sure as I came here really young.

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".

Well how about we be a bit more positive here.I cant believe you said "if I get it."Btw,I didnt enter the US. with a visa; nor did I ever receive an I 94... I might have gotten an I 94 w ,but im not sure as I came here really young.

[Freedove7 17]

That's what I'm wondering. April 18 I think it was this year. That's the only way he might not get into trouble... It just shocks me that he finally achieved Citizeship and now he just doesn't give a toss about the rules of the country he just gave his oath for? Some people...

You are a very negative person I see.You dont give much advice.You just seem to criticize.I have received valuable advice from alot of members on here.Thats what im on this site for: for advice,not criticism.

Edited November 27, 2011 by Freedove7

[VanessaTony 3,567]

Well how about we be a bit more positive here.Btw,I didnt enter the US. with a visa; nor did I ever receive an I 94... I might have gotten an I 94 w ,but im not sure as I came here really young.

Well how about we be a bit more positive here.I cant believe you said "if I get it."Btw,I didnt enter the US. with a visa; nor did I ever receive an I 94... I might have gotten an I 94 w ,but im not sure as I came here really young.

You probably will get it, but you don't at the moment hence my clarification. The Canadian entry is treated like a B2 visa, there is a period of 6 months that you can stay, legally. You have passed that period. You have overstayed your "visa", you are illegal. It's pretty much that simple.

I'm not trying to be rude. Your AOS will be fine once your husband files his tax returns. HOWEVER, the fact that he didn't file taxes is bad for his naturlization, depending on when his N-400 was approved. If he lied on the form (ticked the box that said he'd never failed to file) and he HADN'T filed, and he's found out, his USC status will be revoked, and he will be deported with a lifetime ban. Your LPR status (WHEN you get it) will also be revoked (as you got it based on an falsely obtained USC status). You will be on their radar so you will be detained and deported with a 10 year ban for your overstay.

You are a very negative person I see.You dont give much advice.You just seem to criticize.I have received valuable advice from alot of members on here.Thats what im on this site for: for advice,not criticism.

I give a lot of advice. In fact in my post that you quoted I listed the April 18 date. if he never got USC after that date (without a tax return extension) then he lied on his forms. That's a misrep that can result in his USC status being revoked. This is VERY serious. I'm sorry to burst your bubble. See a lawyer if you want to, who will confirm that lying on the forms will come back to bite him (and you now) big time.

Edited November 27, 2011 by Vanessa&Tony

[Answerseeker 77 2]

Leasson learned ! Lol

you can either file last year's tax or wait and file this years tax at least and find a co-sponsor, and postpone cleaning the mess up later, because you only need one tax return paperwork only for the sake of support.

[Answerseeker 77 2]

That's what I'm wondering. April 18 I think it was this year. That's the only way he might not get into trouble... It just shocks me that he finally achieved Citizeship and now he just doesn't give a toss about the rules of the country he just gave his oath for? Some people...

The advise you are looking for is very clear here. CONVINCE YOUR PETITIONER TO FILE A TAX AT LEAST ONE OR TWO. THEN CORRECT THE MISTAKE OF NOT FILING THE TAX LATER... PERIOD. OTHERWISE YOU ARE IN BIG TROUBLE...... AND I DO NOT WANT TO PAY YOU A DIME IN THE PRISON FROM MY TAX

[Brother Hesekiel 2,236]

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 :-/

Not knowing your case, I'd say he potentially risks to lose his U.S. citizenship because of this. Part of the N-400 process is to make a statement under oath that he never failed to file a required income tax return. The way I interpret your post, that's exactly what he did: fail to file. If so, he would be guilty of perjury and material misrepresentation which potentially will strip him of everything he worked for and may result in his deportation.

Listen, life as an I.O. is boring. If I was the I.O., I would grab this and make my life exiting. I would rip his balls out and use one of them to get the big ball rolling. Heck, it could even get me a promotion! When he's down, I would look at you at the AoS interview and ask you: "are you serious? AoS denied!"

Since there are more people like me, the first thing I suggest you do is figure out if he was require to file an income tax return. If he was required to do so and hasn't filed and has committed perjury under Oath, I'd say he needs to get busy fast, most likely with the help of an attorney.

Many Americans are stupid. Immigration Officers are usually not among them.

Edited November 27, 2011 by Brother Hesekiel

[juliodahlia 1]

I will be adjusting my status in the U.S.My husband is a freelance and doesn't pay taxes.He gets paid with checks but I think this is still considered working "under the table." Will they deny my application because my petitioner doesnt pay taxes ? I will get a joint Sponsor, but I'm afraid that since my husband is the petitioner and doesnt have a way to prove his income,this might be an issue.Any thoughts ?

in order to get petitioned he must prove income , if not the usa will believe you will be a burden to the usa . it must be proved he has 3 yrs of tax returned , there is something called 1099 tax forms , this is someone that works as a free lancer but pay taxes , if you like there is a company called orvis in cebu , look it up and call them , if anyone could help they are the ones , that guy knows everything about fiancee petitions , iam sure he could guide you , we used them and our petition was granted and we have our visa approved already , my fiancee will come to the usa in a few days , good luck .

[ceadsearc 516]

OP, keep in mind that even if filing means he owes money, he doesn't have to pay it all before you file for AOS. He can work out a payment plan with IRS to get that taken care of. USCIS doesn't care if he is on a 10-year payment plan with IRS, they care that he filed the taxes and has a copy. That can be taken care of in a day or less either on your own or at H&R Block or a similar place.

[Freedove7 17]

you can either file last year's tax or wait and file this years tax at least and find a co-sponsor, and postpone cleaning the mess up later, because you only need one tax return paperwork only for the sake of support.

Yes .Thats our plan.

[Darnell 8,478]

I posted another question in regards to this.My husband,the petitioner for my AOS, doesnt file for taxes.He gets paid with checks and cash and works as an Event Planner for a company.He says the company files taxes .Im confused...Anyhow,will him not paying taxes prevent me from being approved ?Can we just send a copy of his checks and a letter frm his employer ?what if I just get a Joint Sponsor ?

ask him to show you last year's 1099 and/or W-2 forms. soonish.

[Soapz 14]

Freedove, let me sum this up again:

You've been married for 3 years - so you don't have to go in for a 2nd interview.

Taxes were filed until 2009 - so your husband has to file for 2010

Current income for 2011 can be shown by using a letter of employer, bank-statements, copies of checks, and such.

If you get this 3 points taken care of - everything else should go okay.

[Freedove7 17]

Freedove, let me sum this up again:

You've been married for 3 years - so you don't have to go in for a 2nd interview.

Taxes were filed until 2009 - so your husband has to file for 2010

Current income for 2011 can be shown by using a letter of employer, bank-statements, copies of checks, and such.

If you get this 3 points taken care of - everything else should go okay.

Good advice.Thanks

[Freedove7 17]

So should I give a copy of his income tax from 2008 and 2009 even though he changed jobs and no longer works for that employer ? He will file for 2010 tax year...

[Penguin_ie 5,993]

So should I give a copy of his income tax from 2008 and 2009 even though he changed jobs and no longer works for that employer ? He will file for 2010 tax year...

Yes, definitely.