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catsy

Can someone who owes IRS file for AOS?

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Hi Everyone,

This is a question that I am asking on behalf of my friend. This site has been very informative and helped me and my husband prepare for our interview this afternoon so I told her it won't hurt for us to ask about her situation here before she goes through a lawyer. She came to the US on a tourist visa then she found an employer that sponsored her for H1b which was approved while she was here in the US. She has been in the US since 2003 and has not left the country ever since. She has been married to a USC since 2005 but she has not applied for AOS through marriage because she owes the IRS. She said that she is on a payment plan with IRS but she is hesitant to apply for AOS through marriage because it might get denied because of her debt. She has filed taxes every year since she got her job. She wants to play it safe and not waste money for filing fees if her chances of AOS are slim. The question is, would her debt actually affect her AOS thru marriage if she does file even if she is on a payment plan with IRS?

Looking forward to reading your opinions and hopefully it would help her decide on what she needs to do.

Thanks in advance :)

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As long as her husband makes enough to support her then there shouldn't be a problem especially since she has a payment plan in place.

Why does she feel she needs a lawyer for AOS?

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It's required to be in good standing with the IRS. If she's on a payment plan that's all that's needed. If the IRS agents were looking for her to pull her gold teeth and sell 'em off to lower her tax debt, she'd have a problem.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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As long as her husband makes enough to support her then there shouldn't be a problem especially since she has a payment plan in place.

Why does she feel she needs a lawyer for AOS?

Thank you for your answer I will surely let her know. She actually wants to consult a lawyer because she wants to know if it's okay for her to file AOS and I guess help her out with the paperwork.

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It's required to be in good standing with the IRS. If she's on a payment plan that's all that's needed. If the IRS agents were looking for her to pull her gold teeth and sell 'em off to lower her tax debt, she'd have a problem.

Thank you for your answer. So as long as she is in good standing with her payments with the IRS it should be okay for her to file AOS, right?

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