I-485 form HELP!

[dm1970 0]

Hi, My husband has been in the united states for 8 years now. He came here on a work visa but never worked for that person when he arrived. He has been working at the same place since being in the US but has never paid taxes. ON the I-485 form it asks if he works. Should we say yes because he does...will they question why he never paid taxes and will his employer get in trouble. or should we just say NO. But in this case they may question what has he been doing for the past 8years. Please help. Also, do I have to file I-134 even tho we are married? Does he have to have all the vaccinations, even if he already did that when he came to the US?

[belinda63 3,052]

As to answering the question regarding his work I will simply state that providing false information to immigration is considered misrepresentation and at any time in the future if it is discovered the applicant lied it could have serious consequences.

Please read and follow the guides at the top they are a wonderful source of information.

He will have to have a complete medical exam by a civil surgeon and if he needs any vaccinations this also will need to be done.

You will have to fill out the I-864 affidavit of support and provide the supporting documentation. If you do not meet the poverty level then you will need to find a co-sponsor.

[pixie77 2]

Hi Dm1970,

Be truthful in all the forms otherwise it will get you into trouble.

For I-485, you need to do I-864 affidavit of support not the I-134. Read the instructions carefully because there are different kinds of I-864 and see which applies accordingly to you.

I see a complication in your case, being that your husband came here on a working visa but didn't honor it. Hopefully the senior members who are well-versed with the immigration process will chime in.

Good luck!!!

[marriedtomrg 141]

Wish I knew the answer to this, but I am going to bump up this post so it doesn't get lost with the other concerns here.

[VanessaTony 3,567]

Few issues. From my understanding his employer that sponsored the work visa (that you say he doesn't work for) may have reported he doesn't work there so he could be out-of-status and because of this he may also be in deportation proceedings and just not know. You will need to know this. Someone else might know how to find out, I know there's a way.

Also, working without paying taxes is very bad IRS wise. While USCIS doesn't care about it, your husband should pay his taxes for the previous years. It is the best way to start his new "legal" life in the US. That's my personal opinion.

Working illegally is forgiven when a greencard is approved to someone who married a USC. He should disclose it. Failure to do so may result in him being charged with misrepresentation and a lifetime ban from the US.

How has he been able to work? Does he have a valid SSN? Working under a SSN that isn't his would cause issues. I assume he has one in his name because he came on a work visa. If he HAS been working under someone else's SSN he has more issues.

You do not file an I-134. You file an I-864. Please have a read of the guide here: http://www.visajourney.com/content/i130guide2

Your husband WILL require a medical to be completed (form I-693). He might not need new vaccinations as long as you have proof of the shots he's had (or he has a blood titre done). You will see a CS to determine what is needed. Find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

In my personal opinion the first thing you need to do is make sure he's not in deportation proceedings. Once you determine he is not, THEN you can go ahead and file all this paperwork.

Good luck

** moved from "Adjustment of Status Case Filing and Progress Reports" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for)**

Edited October 13, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

Vanessa nailed it, but I'd like to focus on one thing only.

Understand that you are dealing with 2 related issues: (1) immigration, handled by USCIS and (2) taxes, handled by the IRS.

1) You don't know what they know. Does hubby have a SSN? Is he basically working "under the table?" There are many variables, but since working without authorization is not being made an issue (unless a crime. i.e., pretending to be a USC is involved) has been committed, it would be friggin' insane to lie on an AOS application.

2) Every resident is required to pay taxes. The term "residents" here include US citizens, lawful permanent residents, illegal aliens, hookers, and even drug dealers. Seriously.

No matter the immigration status, Uncle Sam's rules are clear as a California day. Not filing taxes for 8 years is TAX EVASION, and that's a federal crime punishable, and punished frequently by going to prison.

Solution, and there's only 1:

He has to file for (at least) 2009, 2008, 2007 taxes. He does that by claiming income via 1099. I don't care how much or how little he lists, what matters is that he truthfully can say: "Yes, I have filed income taxes for the past 3 years and here, Sir, are my tax returns!"

Even if no 1099 has been filed for him, it's perfectly fine for him to claim cash income and wanting to pay Uncle Sam his cut on this.

Most likely, the amount he made is so small that he won't owe ANY State taxes. And the "Federal Taxes" are basically 15.7% of what he earned (after deductions) which go to HIS OWN social security account!

As you know, it takes 10 years of work and an income of at least . . . uhhh . . . $3,320.00 (or so) to get full social security benefits. I worked without authorization but paid income taxes all these years. I'm eligible for the fruits of my tax payer dollars now. Your husband basically can write off 3 of the needed 10 years within a week. Cool, huh?

Imagine getting a Green Card, only to get a visit from the IRS a few weeks later and being charged with tax evasion. That's like a ticket home!

[katgrl 14]

Vanessa nailed it, but I'd like to focus on one thing only.

Understand that you are dealing with 2 related issues: (1) immigration, handled by USCIS and (2) taxes, handled by the IRS.

1) You don't know what they know. Does hubby have a SSN? Is he basically working "under the table?" There are many variables, but since working without authorization is not being made an issue (unless a crime. i.e., pretending to be a USC is involved) has been committed, it would be friggin' insane to lie on an AOS application.

2) Every resident is required to pay taxes. The term "residents" here include US citizens, lawful permanent residents, illegal aliens, hookers, and even drug dealers. Seriously.

No matter the immigration status, Uncle Sam's rules are clear as a California day. Not filing taxes for 8 years is TAX EVASION, and that's a federal crime punishable, and punished frequently by going to prison.

Solution, and there's only 1:

He has to file for (at least) 2009, 2008, 2007 taxes. He does that by claiming income via 1099. I don't care how much or how little he lists, what matters is that he truthfully can say: "Yes, I have filed income taxes for the past 3 years and here, Sir, are my tax returns!"

Even if no 1099 has been filed for him, it's perfectly fine for him to claim cash income and wanting to pay Uncle Sam his cut on this.

Most likely, the amount he made is so small that he won't owe ANY State taxes. And the "Federal Taxes" are basically 15.7% of what he earned (after deductions) which go to HIS OWN social security account!

As you know, it takes 10 years of work and an income of at least . . . uhhh . . . $3,320.00 (or so) to get full social security benefits. I worked without authorization but paid income taxes all these years. I'm eligible for the fruits of my tax payer dollars now. Your husband basically can write off 3 of the needed 10 years within a week. Cool, huh?

Imagine getting a Green Card, only to get a visit from the IRS a few weeks later and being charged with tax evasion. That's like a ticket home!

This is something I've always wondered about because I've read situations like this...My husband does work for cash. He is an F1 visa overstay. I know that the overstay and working unauthorized are forgiven by marriage to USC. But he has never paid any taxes. We don't want to lie on the forms, but weren't sure how to handle the IRS part since it was for cash. So basically it's a matter of trying to figure out how much he made each year that he worked? Also, this becomes a matter for citizenship correct? So if we are going to AOS, would we need to have paid IRS before then, or just before we remove conditions of green card?

[dm1970 0]

Vanessa nailed it, but I'd like to focus on one thing only.

Understand that you are dealing with 2 related issues: (1) immigration, handled by USCIS and (2) taxes, handled by the IRS.

1) You don't know what they know. Does hubby have a SSN? Is he basically working "under the table?" There are many variables, but since working without authorization is not being made an issue (unless a crime. i.e., pretending to be a USC is involved) has been committed, it would be friggin' insane to lie on an AOS application.

2) Every resident is required to pay taxes. The term "residents" here include US citizens, lawful permanent residents, illegal aliens, hookers, and even drug dealers. Seriously.

No matter the immigration status, Uncle Sam's rules are clear as a California day. Not filing taxes for 8 years is TAX EVASION, and that's a federal crime punishable, and punished frequently by going to prison.

Solution, and there's only 1:

He has to file for (at least) 2009, 2008, 2007 taxes. He does that by claiming income via 1099. I don't care how much or how little he lists, what matters is that he truthfully can say: "Yes, I have filed income taxes for the past 3 years and here, Sir, are my tax returns!"

Even if no 1099 has been filed for him, it's perfectly fine for him to claim cash income and wanting to pay Uncle Sam his cut on this.

Most likely, the amount he made is so small that he won't owe ANY State taxes. And the "Federal Taxes" are basically 15.7% of what he earned (after deductions) which go to HIS OWN social security account!

As you know, it takes 10 years of work and an income of at least . . . uhhh . . . $3,320.00 (or so) to get full social security benefits. I worked without authorization but paid income taxes all these years. I'm eligible for the fruits of my tax payer dollars now. Your husband basically can write off 3 of the needed 10 years within a week. Cool, huh?

Imagine getting a Green Card, only to get a visit from the IRS a few weeks later and being charged with tax evasion. That's like a ticket home!

[dm1970 0]

Hey Everyone thank you for the advice. My husband does not have a SS#. He has been working for cash. There is absolutley no record of him in NY where he lives right now. How would anyone know he even worked? Just a question. The only thing i could think of, is they will ask what has he been doing for 8 years. Do you really think they will find out he is working? How? He is unknown! Anyway, Ok so how can he file taxes without a SS#? DOes he have to get an ITIN#?

[Brother Hesekiel 2,236]

It's not a citizenship thing. Citizenship is concerned about having failed to file taxes since becoming a resident. He's not a resident yet.

It's an IRS thing, big time, and it's also an AOS thing, as even USCIS is interested in residents paying taxes, like anybody else. It's the law, for crying out loud. What's so difficult to understand about this, that you are now asking about how they will find out? What part of 'tax evasion is a CRIME punishable by jail' didn't you understand?

They know he lives in the US for 8 years now, and if he never paid a penny of taxes, he either never worked, or he's a bad guy. Bad guy, no AOS -- never worked . . . how did he make a living?

I really felt I outlined the issue quite well. Being in this country for 8 years, he needs to be able to claim truthfully that he filed his taxes. Since the past 3 years' worth of tax returns have to be submitted at AOS, I suggested to file at least taxes for those 3 years. It's not so much about the amount, it's first and foremost about the filing per se.

I walked in your husband's shoes, and my advice is to do exactly as I suggested. You need to successfully get the AOS done, without him getting in trouble with Uncle Sam. If you don't believe me, or don't feel like him paying even a penny, fine. All I can do to help you I did. I rest my case now.

[dm1970 0]

It's not a citizenship thing. Citizenship is concerned about having failed to file taxes since becoming a resident. He's not a resident yet.

It's an IRS thing, big time, and it's also an AOS thing, as even USCIS is interested in residents paying taxes, like anybody else. It's the law, for crying out loud. What's so difficult to understand about this, that you are now asking about how they will find out? What part of 'tax evasion is a CRIME punishable by jail' didn't you understand?

They know he lives in the US for 8 years now, and if he never paid a penny of taxes, he either never worked, or he's a bad guy. Bad guy, no AOS -- never worked . . . how did he make a living?

I really felt I outlined the issue quite well. Being in this country for 8 years, he needs to be able to claim truthfully that he filed his taxes. Since the past 3 years' worth of tax returns have to be submitted at AOS, I suggested to file at least taxes for those 3 years. It's not so much about the amount, it's first and foremost about the filing per se.

I walked in your husband's shoes, and my advice is to do exactly as I suggested. You need to successfully get the AOS done, without him getting in trouble with Uncle Sam. If you don't believe me, or don't feel like him paying even a penny, fine. All I can do to help you I did. I rest my case now.

IM WITH YOU 100% ITS NOT ME UR TRYING TO CONVINCE, ITS MY HUSBAND. I TOLD HIM IF HE WANTS TO LIE THEN HE CAN LIE AND THATS ON HIM. HE KEEPS TELLING ME THAT WHEN WE FILE, HE WONT BE WORKING SO HE WONT BE LYING. HE LIVES IN NY, I LIVE IN CA. HE IS MOVING TO CA IN JANUARY. OK BUT I KEEP SAYING WHAT DID U DO IN THE U.S ALL THESE YEARS. HE SAID HE LIVED WITH HIS AUNT. DIDNT WORK! HE KEEPS TELLING ME THERE IS NO RECORD OF HIM WORKING ANYWHERE SO WHATS THE PROBLEM. BUT IM TELLING HIM JUST WHAT UR SAYING. UGH!!!

[Maxximus1074 14]

....so I can just agree with my pre-posters - be honest and list the employment with unemployed as recent, even if at the time of filing he no longer is working for them, better everything out then hidden and getting punished when they find something out you withheld.

And again, yes, privacy acts forbids the IRS to just pass along taxpayers info to anybody, even other government agencies unless there is a court order for example.

Decided to write this post as my attorney just recently told me something upon looking at my employment history listed in my forms he said, and I quote,

"it's better work without a permit and with no wrongful representation (meaning no fake ID, SSN etc) then having to explain how you kept yourself up-float and surviving years without working. Heck, for all they know they could question if you paid your rent and bills with doing something illegal like being a pimp or drug dealer and that again is not really good for an non=immigrant seeking residency or citizenship in the US" In your case, working for a decade sure would make them wonder how he did it without legit employment...

Good luck with your application, it'll go well - if push comes to shove, just have your hubby explain why he never worked for the company that sponsored him.

M.

Edited October 13, 2010 by Maxximus1074

[trillium13 84]

IM WITH YOU 100% ITS NOT ME UR TRYING TO CONVINCE, ITS MY HUSBAND. I TOLD HIM IF HE WANTS TO LIE THEN HE CAN LIE AND THATS ON HIM. HE KEEPS TELLING ME THAT WHEN WE FILE, HE WONT BE WORKING SO HE WONT BE LYING. HE LIVES IN NY, I LIVE IN CA. HE IS MOVING TO CA IN JANUARY. OK BUT I KEEP SAYING WHAT DID U DO IN THE U.S ALL THESE YEARS. HE SAID HE LIVED WITH HIS AUNT. DIDNT WORK! HE KEEPS TELLING ME THERE IS NO RECORD OF HIM WORKING ANYWHERE SO WHATS THE PROBLEM. BUT IM TELLING HIM JUST WHAT UR SAYING. UGH!!!

If this is how your relationship is starting out, I could see problems in your future.

You will need to provide proof of bonafide marriage, do you have this? It will certainly seem odd to USCIS that you're married and living apart.