My case, need help

[KayDeeCee 4,892]

Been thinking about this a long time myself but I truly just love him for his character.

I will be working once I graduate. I worked before continue schooling and get paid $20k a year without finishing my degree.

What do you suggest for us to do now?

You will not be able to work right away with the K-1 and your income is not counted for the affidavit of support. You must file for AOS after marriage, which has a fee of $1070. He will need to provide the I-864 and will need to have filed his back taxes. You will file for EAD/AP with the AOS and it takes about 3 months to receive after filing. Once you have the EAD, you can start working. Nothing can really happen until he files his taxes and is in a position to support you when you move to the US to marry.

[EndlessStory 53]

You will not be able to work right away with the K-1 and your income is not counted for the affidavit of support. You must file for AOS after marriage, which has a fee of $1070. He will need to provide the I-864 and will need to have filed his back taxes. You will file for EAD/AP with the AOS and it takes about 3 months to receive after filing. Once you have the EAD, you can start working. Nothing can really happen until he files his taxes and is in a position to support you when you move to the US to marry.

If he were to file 3 years taxes now, how heavy would the penalty be? Does it need to be above poverty line for 3 years taxes too? For I-864.

I guess we have no choice but to file 3 years taxes. Will it affect us if he owes 20k on child support?

By the way, he is not married. He just did something wrong when he was young. I am not gonna bring the issue up because I am only looking for solve it.

Issues are already there

[Shiobhan 235]

Child support will be an issue....the CO will think if he cant support his

child from his loins ...how can he a stranger, the US govt. will want to

see a payment plan and him paying them some money first...don't you

realize he works under the table so he does not have to pay child

support, he file no taxes as the govt will take any returns & garnish some

of his wages....great character huh?....not dumping on U hon just stating

the facts, the child maybe on AFDC & he plays hide & go seek....people

who are new lovers stay on their best behaviors, if you get pregnant when

you both split ...he'll quit your child too...wake up & smell the coffee.

[jen_vb 2]

Like others have posted, the back child support and not filing taxes for 3 years is going to be a big problem. He will need to pay his taxes and at least start paying on the back child support. If he can't be bothered to support his own child and hasn't paid taxes for 3 years that's a big red flag, imo.

Edited May 28, 2013 by jen_vb

[EndlessStory 53]

He has been paying like $300 a month for a few years now. Like I said he did a mistake back then and that girl cheated about the kid isn't his. It is simply not his issue. He has no idea about the kid till he is a couple of years old.

It is the compound interest from the child support that makes him reach that amount. He is still paying monthly now. We only have tax issues now

[ConGau1981 56]

If he was getting paid in cash then most likely he never received a W-2....and without a W-2 to prove you had an income you can't file a tax return. I have no idea how he would be able to file for 3 years without any proof that he had an income. But I am not a tax expert so maybe someone with more knowledge of the subject can help

[EndlessStory 53]

Can he ask employer for the w2 forms? If you guys want to know what he is working as.. He is a cab driver. He works according to commission. He doesn't have a fix pay. How can we file tax for this? I think that he doesn't even need to pay tax from all the relief but its truly his fault that he doesn't even file for it. Please help

[fantonledzepp 159]

Sounds like trouble. Not paying taxes or child support, I hope you are ready for a tough life ahead. The government will eventually catch up to him. And by him petitioning you, they will find him. Hope he's ready to get all his responsibility that he's ignored for years.

[David & Diana R 1,005]

I'm sorry and I don't mean any offense but it sounds to me like you are considering marrying a dead beat dad. My guess is he is working for cash (which by the way is a violation of United States Tax Code and possibly a felony punishable by prison.) I also find it very odd that only 1 picture was taken in 6 months. Could this be because he does not want to document the relationship he has with you? If I were you I would ask myself if I want to marry someone who is hiding from the law by working for cash so he does not have to pay child support. What makes you think he won't do something similar to you in the future? And why did he not bring you to the US on a fiance visa and/or why did he not propose marriage until you had returned to your home country? More questions. How will he provide for you and your children if you have any if he is not reporting his income, paying social security and contributing to a retirement fund for your golden years together? Do you understand that if he ever intends to work a legitimate job ever again the child support people will certainly catch up with him and the amount he owes will continue to go up and up and will never be discharged even in the event of him filing bankruptcy? And do you really want to marry a dead beat dad, if that's what he is? If he owes 20,000 he has not paid for a long time. If nothing else is that not morally wrong? Is there anything worse than a parent who fails to take care of their child? I would say it is a blessing that you have not filed those papers yet. I think you already have your own suspicions and your own doubts and you have not filed because of these. Maybe you need to listen to your instincts? Sorry, and I hope I am wrong but something smells fishy here. In any event I wish you the best. And again I am sorry if I offended you or anyone else, I am just looking at this from the outside and well....???

I am the beneficiary

We met online through a game in December 2010.

We started dating in Feb 2011. I travel to U.S in Aug 2012 and live with him till Jan 2013 (6 months)

I have a couple of family dinner with him like thanksgiving, christmas and stuff but we only ever take 1 photo!! Didn't think photos are all that important as long as we are together.

We got engaged through phone calls in Feb 2013 shortly after I left U.S.

I am back in my home country to continue schooling and now we decided that I move to U.S. and live with him.

A few problems with us:

- My fiance is working a cash job. His pay is not trackable and he doesn't file taxes. He has a child support. His son doesnt stay with him but he owes child support like $20k. How are we going to do our I-134 Affidavit of Support?

- We only ever took 1 picture when we are living together for 6 months. How do I proof our relationship?

- What are our chances?

I worry day and night about this and I am still holding onto our I-129F forms and haven't started filing yet. We are planning to get married next year once my visa gets approved.

Can our fellow VJ-er help me with my case or anyone that has the same case with me?

[mrrobj 20]

It's been a few posts discussing the past child support, but has anyone heard of any case in which someone is denied a Visa for child support? Yes, it is bad....we all know that! I believe the poster is satisfied that he was not at fault with the child support.

But, I agree with the other poster, I believe the tax issue will be the critical issue to generate a denial, not the child support. Most Embassies clearly require the last tax record, without exception, thus, guaranteed denial without it.

Edited May 29, 2013 by mrrobj

[David & Diana R 1,005]

If he were to file 3 years taxes now, how heavy would the penalty be? Does it need to be above poverty line for 3 years taxes too? For I-864.

I guess we have no choice but to file 3 years taxes. Will it affect us if he owes 20k on child support?

By the way, he is not married. He just did something wrong when he was young. I am not gonna bring the issue up because I am only looking for solve it.

Issues are already there

As I understand it US Citizens are required to file taxes every year EVEN IF THEY DON'T OWE ANY TAXES. And not only the last three years. He might have to go back and file for more years. When was the last time he filed taxes? I hate to rain on your parade but I think you are in for a world of hurt if you come to the US for this "man". As another VJ'er said, Wake up and smell the coffee. I mean are you going to come to the US to support this guy who has not supported his own child? I think you should trust those instincts that have caused you to delay in filing your forms. I tink you know deep down inside that something is not right here. Like I said earlier, I hope I am wrong but there are just so many red flags here. Trust your instincts. Good luck

[davenella 21]

I don't want to be mean but when we talk about the US embassy people the only thing that comes into my mind is " no trust" they don' t trust in anybody and putting myself in yheir shoes they will see that your case sounds fishy and will get to the conclusion " he is in need of money, you went to the US you met him and both get into an agreement that you will pay him a big amount of money for both of you getting married" ( that have happen so much)

I am sure they eill think that's one of the reasons. Don't send any papers yet till you have it all clear and..... After you think more about it..... About your future.

Good luck

[KayDeeCee 4,892]

If he were to file 3 years taxes now, how heavy would the penalty be? Does it need to be above poverty line for 3 years taxes too? For I-864.

I guess we have no choice but to file 3 years taxes. Will it affect us if he owes 20k on child support?

By the way, he is not married. He just did something wrong when he was young. I am not gonna bring the issue up because I am only looking for solve it.

Issues are already there

Child support is not an issue with his filing taxes and won't be a reason to deny your visa either. Debts are not part of the affidavit of support. He may owe penalties and interest on any taxes he owes. He should consult an accountant.

If he was getting paid in cash then most likely he never received a W-2....and without a W-2 to prove you had an income you can't file a tax return. I have no idea how he would be able to file for 3 years without any proof that he had an income. But I am not a tax expert so maybe someone with more knowledge of the subject can help

MANY people do not have an employer and file taxes each year without a W-2. This is a non-issue.

Can he ask employer for the w2 forms? If you guys want to know what he is working as.. He is a cab driver. He works according to commission. He doesn't have a fix pay. How can we file tax for this? I think that he doesn't even need to pay tax from all the relief but its truly his fault that he doesn't even file for it. Please help

As an employee, he should have already been getting a W-2. He is paid 'under the table' in cash so that the employer does not have to deal with the taxes and file the information with the IRS. I seriously doubt they will offer up a W-2 now. What they have been doing is not legal. It is illegal for the employer to pay in cash without having the taxes taken out, and it is illegal for an employee not to claim income and file taxes. He can file taxes without a W-2 or a 1099(from self-employment). He has not been paying his taxes. He will definitely owe back taxes and penalties for not filing when he should have.

[Jawaree 717]

R U aware if you do marry this man & by some miracle

make it to the US you will jointly owe back taxes and

child support?, your credit will be ziltch, now, only one

person have posted here about child support about 2 mths

ago, he was making payments but could not obtain a PP yet

and he could not afford a fiancé, so he was thinking of

chucking the relationship. As one person says this red-flag

may appear to be a business marriage, dude like that don't

take care of his kid will sell a marriage it seem , sorry

but the BS of putting the blame on the girl to you makes

him seem like a mouse not a man, even if she cheated its his

baby he should do the right thing, he wants you over to help

him with his financial load.

[EndlessStory 53]

Thank you for all the reply and support from everyone. Appreciate the concern and highlights that I have not thought of. We mention about paying his entire child support and for him to move with me here but he doesn't want my money.

I miss out a couple of things about child support but I don't want to keep defending him while all the vj-er think he is not the guy for me.

We will discuss about all the issues ourselves, once again thank you for the support and words that wake me/us that this journey is hard for us.

P.s. we are still filling the visa

I am still open up for more comments/suggestions.

Edited May 29, 2013 by Janice&Micah