sponsor issues!!! ANY ADVICE???

[Jojo88]

Hi all,

My soon to be husband is working off the books for two years now and has not filed his taxes for the last 3-4years.
Now, of course, we are worried about few issues linked to his employment situation. FYI we are filing for AOS from WVP issued for a French citizen aka me.

Here are the main concerns/questions:

- on I-130, it is asked the current petitioner's employer. What should we do? Should we put "unemployed" which is a lie? Or, should we actually put is employer's name even if it's off the books?

- And of course, what could be the consequences for both options? Will IRS give us a hard time? Does being unemployed or working under the table can be a red flag ?

- when filing the I-864 what should we do as far as him? His aunt is going to be the joint sponsor since she is doing quite good and agreed to to so. We will have her file the i864 and give us all doc needed. Should she file a separate form or file the same than my husband?

- should my husband file the i864 and write and explanatory letter and if yes what should he put on it ?


Thank you for your help! It's a blessing to found answers during our this process

[inadmissible]

The easiest thing to do would be to answer all the questions truthfully and completely, as well as file back taxes.

[inadmissible]

- on I-130, it is asked the current petitioner's employer. What should we do? Should we put "unemployed" which is a lie? Or, should we actually put is employer's name even if it's off the books?

For employer name, state the name of the person or entity that employs him. For employer address, state the location at which he actually worked.

- And of course, what could be the consequences for both options? Will IRS give us a hard time? Does being unemployed or working under the table can be a red flag ?

DHS will not "report" you to the IRS, but they can verify the information furnished by the sponsor.

Your husband has to choose between (1) not petitioning you for permanent residency, (2) filing back taxes, and (3) perjuring himself about his employment history. You and your husband face different consequences for his decision, so you'll have to work it out with him.

- when filing the I-864 what should we do as far as him? His aunt is going to be the joint sponsor since she is doing quite good and agreed to to so. We will have her file the i864 and give us all doc needed. Should she file a separate form or file the same than my husband?

Assuming that your husband and your aunt do not live in the same household, yes, they will be filing separate Form I-864.

- should my husband file the i864 and write and explanatory letter and if yes what should he put on it ?

He should file back taxes before preparing his own Form I-864.

He could elect Option (3) perjuring himself, which involves supplementing Form I-864 with a sworn affidavit to the effect of:

United States Citizenship and Immigration Service
Attn: [city] Field Office
[USCIS FO address]

[Petitioner name]
[Petitioner address]

In re: [Alien name] A# [alien file#]

l declare under penalty of perjury (under the laws of the United States of America) that the foregoing is true and correct:

In 2015, I did not file a 2014 tax return because my gross income in 2014 was less than $10,150. Therefore, I did not have to file a 2014 tax return.

In 2014, I did not file a 2013 tax return because my gross income in 2013 was less than $10,000. Therefore, I did not have to file a 2013 tax return.

In 2013, I did not file a 2012 tax return because my gross income in 2012 was less than $9,750. Therefore, I did not have to file a 2012 tax return.

Yours truly,

[signature] [date]
[petitioner name]

If you are both caught in a lie, he can move on. He may or may not be charged under federal law for perjury (5 years max @ Club Fed). He can marry some other US citizen so he doesn't have to deal with this headache again.

You on the other hand, will face a lifetime ban for willful and material misrepresentation. Getting out from under that is insurmountable for most aliens.

[Jojo88]

wow!!! Thanks a lot for your help and your precious advice! One thing for sure we will not lie!!! Way too risky and irresponsible at this point.

Since he is the only reason why I am trying to get permanent residency here, he is also the only one being able to petition for me so "option 1" isn't really one for us.

As adviced we will file his taxes for the past two years (2014 and 2015). Three years ago he had is one buisness but his gross income for 2012 were less than $9000 so not enough to file i guess. So we'll write a explanatory note about it.

We are also trying to get a letter from his job saying that he has been working for them for two years. Is it a good idea or is it useless? Should we ask something else?

My vwp expire on july 24th. My question is will we have time to file for his past due taxes on time?

Thanks again for your help it is more than appreciated!!!!!!!!!!!!

[inadmissible]

You do not need a letter from his employer unless USCIS asks for it.

Consider filing taxes even if not required to, most people who earn less than $10k/yr are entitled to a refund.

If you are going to use a tax return preparation professional, keep in mind this is their "off season". They haven't seen a paycheck in months, and won't see another paycheck in months. Lowball them, offer them like 25% of their regular fee.