J-1B AOS questions

[Visahelpz 0]

Hello all!

I have searched around a bit but can't find an answer to my specific case. I am here in the US (from England) on a J-1B for 2 years this month. I am married to an American citizen (have been for nearly 3 years) and hate to admit but we haven't filed my AOS. Now I am hearing rumours that my company will be having major layoffs next month, rumoured to be the 15th of December. I suspect I could be one to be laid off.

Also, while I am here asking, my wife was married before and her ex owes the IRS a nice little sum of money and he assumed the debt in the divorce but he seems to have no intention of paying at this point. We have since learned the IRS doesn't care what her divorce papers say and could come after her (and even me as Texas is a community property state!) so we don't know how that might affect us. She has her last three years individual tax returns (can't remember off the top of my head what will be needed if at all) She was a housewife who let him handle all the finances and had no clue what he was up to but tax guy has told us she doesn't qualify for innocent spouse.

So, my questions are:

1. Should I start the AOS now before the layoff occurs?

2. If I am laid off, can I then get another job with a different company and would a pending AOS affect that at all?

3. Will her ex husbands tax liability (essentially hers too) come into play? I have property for sale in England and could drop the price substantially to move it and use the proceeds to pay the tax debt if needed. We were planning to just pay it when my property sold but could try and rush that if we have to.

We have read so much our brains are a jumbled mess so thanks in advance to anyone who knows the answers to these questions and can help us out. Hope my questions are not too confusing.

[RebeccaAndPhil 5]

Hello all!

I have searched around a bit but can't find an answer to my specific case. I am here in the US (from England) on a J-1B for 2 years this month. I am married to an American citizen (have been for nearly 3 years) and hate to admit but we haven't filed my AOS. Now I am hearing rumours that my company will be having major layoffs next month, rumoured to be the 15th of December. I suspect I could be one to be laid off.

Also, while I am here asking, my wife was married before and her ex owes the IRS a nice little sum of money and he assumed the debt in the divorce but he seems to have no intention of paying at this point. We have since learned the IRS doesn't care what her divorce papers say and could come after her (and even me as Texas is a community property state!) so we don't know how that might affect us. She has her last three years individual tax returns (can't remember off the top of my head what will be needed if at all) She was a housewife who let him handle all the finances and had no clue what he was up to but tax guy has told us she doesn't qualify for innocent spouse.

So, my questions are:

1. Should I start the AOS now before the layoff occurs?

2. If I am laid off, can I then get another job with a different company and would a pending AOS affect that at all?

3. Will her ex husbands tax liability (essentially hers too) come into play? I have property for sale in England and could drop the price substantially to move it and use the proceeds to pay the tax debt if needed. We were planning to just pay it when my property sold but could try and rush that if we have to.

We have read so much our brains are a jumbled mess so thanks in advance to anyone who knows the answers to these questions and can help us out. Hope my questions are not too confusing.

I would start the AOS asap since if, God forbid, you are laid off, at least you can remain in the US. With a pending AOS you will be legal to stay until a decision is made. As far as getting another job, wouldn't you need to find another job that would sponsor your J1? It would probably be easier to file AOS and file for an EAD (form I-765) with it (it's free if you file form I-485, adjustment of status) which will allow you to work for a different company if you are laid off. The EAD takes around 3 months to get after you file AOS. For the money owed involving your wife, I would consult with an immigration attorney. Unless someone here has been through an exact or similar situation you might not want to just take advice unless it's coming from an attorney Your wife will need to fill out form I-864 with the AOS packet that proves she can support you in order for your application to be approved. If she can't do this alone you can get joint sponsors but you'll want to read the instructions on this form for more info.

The fact that you have been married for 3 years already will look good while applying for AOS and you won't need to get a conditional green card. My advice: file AOS asap and save yourself the heartache if you are laid off

Oh and some helpful links:

http://www.visajourney.com/forums/index.ph...page=i130guide2

&

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

^ list of forms on USCIS website. The ones you need are listed in the guide in the first link

[Visahelpz 0]

Thank you for your help. I have been doing some more reading and also feel I need to go ahead and submit the AOS.

Btw, I feel totally foolish putting J visa!!!! I was on the phone at the same time as typing my post so it just goes to show I can not multi task! I of course meant, L-1B visa! If anyone could see me they would see how red I've gone! Thank you again for your reply and thanks for not making me feel like a total idiot!

If a moderator sees this, could you please change my title to L-1B instead of J-1B? Thanks!

[justashooter 430]

agreed that tax liability is independent of any divorce decree. your wife is also liable. for this reason, in divorces involving liabilities, it is smarter to assume the liabilities and take equity in balance, so that the future is under your control, not someone elses'. it is common for people to take casha dn say they will use it to pay debts. often they do not.