Are we screwed I-864?

[Sooz 0]

Okay, here it is; I met my South African husband in California 25 years ago when he arrived [1986], though we have only been married 4 years [2008] (he was there on a 1 yr tourist visa) got taken to jail shortly after he arrived for "Visa fraud" [he had a marijuana record in the 70's in SA, he checked NO crimes] he was given a voluntary departure and never left (we also have 2 sons, 1 together 23 years old). Fast forward 2009, INS came to our house and put him on ICE, after a month he was deported back to SA. I moved there with him. Oh, I forgot to mention he has a 10 year ban now.

So now we have over come many hurtles, the I-130 to getting it all the way to NVC and the dreaded I-864...So since I don't live there right now (USA) we got a sponsor. My husband has never paid taxes because he was flying under the radar sort to speak, he didn't have a SS#. So the NVC sent me a check list and they said he needs to fill out the I-864A and I have to fill out the I-864 for the year 2010, well I didn't make any money because I live in SA and my husband supports me and he has never had any tax returns from the USA. I went to the US Consul in Durban the guy told me he needs to come clean with the IRS and admit to the years he worked under the table.

Does anyone know anything about this and how the heck am I supposed to fill out the forms for the two of us?? Please any feed back would be much appreciated. *Sorry it's so long but I had to give you guys all the facts.

PS: He has no criminal record in the USA or South Africa and we have IR1 status.

Thank you!

Peace and good vibes!

[Tim/Mav 305]

Sorry. There are alot of intentional/deliberate violations here. There is alot more than IRS problems as well. They will ask ALOT of Questions I assume that even don't have a direct question of the relationship.

Lots of hurdles here.

I would strongly suggest a hour or 2 with a good immigration Attorney. Your answer maybe not found here. We all make mistakes but Immigration is Unforgiving.

Good Luck!

[jaycali 415]

For the I-864 you'll need a US resident or citizen co-sponsor. Your husband doesn't need to fill one out or provide any proof of income, as foreign income doesn't count.

Besides the I-864, your main hurdle to get past will be the 10 year bar. Misrepresentation and overstay of more than 180 days is not forgiven to spouses of US citizens, however, a waiver is available. It'c called I-601 and is your only chance of getting past the 10 year bar. Filing the waiver is one thing though, getting it approved is quite another. You'll need to prove extreme hardship to yourself and/or your children and good reasons why you absolutely cannot live with him in South Africa.

Waiver applications are approved only if the extreme hardship grounds are severe enough to "overcome" the seriousness of the reasons for the bar.

Btw, you say hehas no criminal record in the US or SA, but he does, and you need to disclose this when the time comes for his IV application. He has a marijuana conviction in SA as you stated. Even if it's from the 70s and may not show in his criminal record anymore, not disclosing it is still considered fraud.

Good luck and best wishes.

Edited April 25, 2012 by jaejayC

[Sooz 0]

For the I-864 you'll need a US resident or citizen co-sponsor. Your husband doesn't need to fill one out or provide any proof of income, as foreign income doesn't count.

Besides the I-864, your main hurdle to get past will be the 10 year bar. Misrepresentation and overstay of more than 180 days is not forgiven to spouses of US citizens, however, a waiver is available. It'c called I-601 and is your only chance of getting past the 10 year bar. Filing the waiver is one thing though, getting it approved is quite another. You'll need to prove extreme hardship to yourself and/or your children and good reasons why you absolutely cannot live with him in South Africa.

Waiver applications are approved only if the extreme hardship grounds are severe enough to "overcome" the seriousness of the reasons for the bar.

Btw, you say hehas no criminal record in the US or SA, but he does, and you need to disclose this when the time comes for his IV application. He has a marijuana conviction in SA as you stated. Even if it's from the 70s and may not show in his criminal record anymore, not disclosing it is still considered fraud.

Good luck and best wishes.

Hi

He had all criminal records expunged (been over 30 years and he served no jail time) and has zero record on his SA Police Clearance...we already sent it in. The only thing I'm having problem with is whether he has to come clean with the IRS? I already have the I-601 and the I-212 filled out and ready to go, we can't hand it in according to the NVC until after his interview which then they will tell him he's inadmissible. The US Consul seems to think he'll have no problem being "approved", according to them we are a fairly simple case. The sponsor we have makes millions a year and has already turned in all paper work.

Thanks for the response, do you know anything about the IRS?

[Tim/Mav 305]

Hi

He had all criminal records expunged (been over 30 years and he served no jail time) and has zero record on his SA Police Clearance...we already sent it in. The only thing I'm having problem with is whether he has to come clean with the IRS? I already have the I-601 and the I-212 filled out and ready to go, we can't hand it in according to the NVC until after his interview which then they will tell him he's inadmissible. The US Consul seems to think he'll have no problem being "approved", according to them we are a fairly simple case. The sponsor we have makes millions a year and has already turned in all paper work.

Thanks for the response, do you know anything about the IRS?

Just be Aware. USCIS does NOT reconized Expungements. It's a Homeland Security Issue. If someone told you the records have been exspunged then that is incorrect for Immigration purposes.

Again, and I hope I'm wrong. There are Moral Turpitude Violations which are grounds for denial. Tax Evasion... Illegal substances.... Overstays.. Deportation..

Get a Attouney to review your case...