My case, need help

[dobbietoo 8]

The lack of filing taxes and W-2's (1099's) WILL be an issue at some point, let alone the child support. I have been paying child support faithfully for over 3 years now and when I have changed jobs it has always been an issue until everything was transferred and I still always paid on-time. I really don't think your very wise filing the visa at this point. I'd be consulting with tax and family law attorneys if I was you! It would be money and time better spent!

[David & Diana R 1,005]

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

If your fiance is telling you the truth about the child that is "not his" I would be very surprised. In the US it is very easy to get a DNA test. He could have easily proven years ago that this child is not his. He surely would have done this simple test if he had any doubt about this child being his. And if he has not had the child tested then he is also negligent. Sorry but I don't trust anyone who abandons their own child....under any circumstances. Why any woman would trust such a failure of a father I could never understand but I am sorry it is abundantly clear that you are blinded by love and cannot or will not listen to any of the warnings and/or advice almost everyone here is giving you. Most people are so afraid to tell it like it is but I bet lots of people will read this, stand up and shout YES! You need to wake up and smell the coffee. The person you have described so far sounds like a liar, a tax cheat, a possible soon-to-be felon for evading income taxes and the worst possible thing is a dead beat dad. (Read up on killer American Gangster Al Capone. The police could never catch Capone killing anyone but they did catch him being a tax cheat and locked him up in prison where he died) I am not saying that your fiance is all of these things because I do not know him but if this was a movie everyone watching would know what the outcome of the movie is halfway through. The poor immigrant fiance would come to the US, work 70 or 80 hours a week, while the man who doesn't care about his own child sits at home and drinks beer, probably gets the new wife pregnant and also ignores his new children. I know earlier you mentioned you love him for his character? What character?? I am sorry but I just don't see it. And the point you make about him noy knowing about the child until he is a couple of years old...what does that have to do with anything? If I found out I had a child that was 10 years old or whatever age I would surely want to be part of MY child's life. I would step up to the plate and BE A MAN. I would not run away from my own child. Oh and by the way. Have you done the math on the 300 dollars a month that he "claims" to be paying? My calculation is that will take 66.666 months for him to pay off. Interesting that it works out to the sign of the devil... Of course that does not include the interest and penalties that are accruing each and every month. You are probably looking at this taking 10 or more years for him, I mean for the two of you to pay it off. Not the best way to enter into a new marriage taking up half of his debt. If I were you I would do a background check on this guy. I am not a gambling man but I would guess he owes other people money and he is running from them also. It's pretty easy to do a background check and is relatively inexpensive to do. You can find out how many debts he really has, how much back child support he really owes, how many bankruptcies he has filed, how much he owes in back taxes, how little money he really has. You might find out his TRUE CHARACTER. I'm sorry but I am a professional investigator and if this guy doesn't turn out to be a low life I will be the most surprised person in the world. This whole scenario sounds like a Lifetime movie to me. I just wish you could see what you are getting yourself into. I guess it's true, Love is blind. In spite of all the advice you have gotten it is clear you will not even stand back and look at this so I wish you the best of luck. You yourself made a statement in your initial post. You said: "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?" Read and re-read that statement you made. Please trust in your instincts. Listen to your mind not your heart. Use your women's intuition, your common sense and also listen to all the people here who believe that you are in for a world of disappointment. Receive all the advice you are getting. Take a step back and look at this again. I am sorry and I mean no offense but I just feel like this has to be said. Trust me, I hope I am totally wrong but I am 99% certain that I am correct on this one.

Aloha Ke Akua

[EndlessStory 53]

I clarified further with my fiance since we didn't talk about taxes much. It seems like he has a W2 and it wasn't really a cash job.

I misunderstood everything. He has been paying it for a couple of years now too. He wasn't able to pay previously because once they took his DNA and got tested they took his driving license away and he couldn't drive. Which mean he won't be able to pay for the child support.

The child support amount stops going up now because his son graduated from high school. So, the figure he is owing is going down as he pay.

We are going to file the taxes, back filing and do what we can. I hope that works out for us.

The lack of filing taxes and W-2's (1099's) WILL be an issue at some point, let alone the child support. I have been paying child support faithfully for over 3 years now and when I have changed jobs it has always been an issue until everything was transferred and I still always paid on-time. I really don't think your very wise filing the visa at this point. I'd be consulting with tax and family law attorneys if I was you! It would be money and time better spent!

[clearingthingsup 0]

I told Janice to stop posting as she wasn't posting an accurate accounting due to her english not being the best. However.. the words here are upsetting her so I'm stopping in to clear a few things up.

1. I wasn't aware I had a child for years, when I contacted the mother when she was pregnant to ask if it was mine, and again after I had heard the child bore a resemblance to me, both times she denied the child being mine. I was young and stupid and believed her until years later when I got a notice from the county letting me know that I owed child support in arrears and I could contest it with a blood test(which turned out positive). I've never actually been out of the hole with child support. It's not easy to get out either when they compound the interest MONTHLY. I still can't believe that's even legal. Yet I see it happen every month on the bill.

2. I was paying on my child support and had 2 seasonal jobs(taxi in the winter and roofing in the summer), which was going fine until I had a roofing job go south at the end of the season and when I went back to drive some friend of the guy doing the schedule for the taxi company had weaseled his way into my hours. My license was pulled once I missed a few payments which made getting a job who has done driving for a living hard. I've never had a higher education either, which also made things difficult. I later on got a job in another state working for a friend that owned a roofing company, i worked there for over a year and he had one of the guys pick me up for work every day. He lost a few workers and needed me to get a drivers license, I'd been paying steadily(and over the required amount) all year and talked to my case worker about getting it back as I needed it to keep employment. She said I'd need to pay 5,000 to get it back, my grandmother had passed away not too long before and I knew I'd have about 3,000 coming and countered with that, she said no, and I ended up jobless and moved back to my hometown again. I did work cash jobs for awhile as it was all I could get as the economy was hurting, I know.. I applied everywhere. Only when I was to the point of being homeless and straight up told my caseworker that I would be homeless soon and that I could get any number of jobs with my license, did she relent and give it back. I've been driving taxi again and paying ever since(again.. over the amount I owe every month). Who knew.. means to work and get to work = paying child support.

3. Taxes.. totally my fault, and I doubt I even owe that much as I've not made that much during the years I didn't file. I'm bad with paperwork, and I moved around alot, lost some paperwork, and didn't have the money anyways as I've been in a state of recovery for the most part ever since they first yanked my license. I guess I more or less felt that everything was so messed up for so long that it just didn't even matter anymore, so I just stopped bothering.

4. I saw someone going on and on about the lack of pictures and what it must mean about me. I'm just not that big into them and it never occurred to me, I've never really taken them, never really owned a camera. I collect other keepsakes to remind me of people/places, sometimes an interesting rock, or something I bought at a place I went with someone.

5. If anyone needs to troll or spout more insults, please direct it to me in PM and leave janice's thread out of it. If you want to be constructive, then by all means do so.

[dobbietoo 8]

No insults, just reading the what was posted and making a honest assessment of what I see. My fiancé is Filipino also so I understand the language issues. Thanks for writing more about your situation and letting us hear more. I still feel the same about what 'I' commented on. I wouldn't even be thinking about K-1's or visa right now until you can get in better shape with everything in your life. I can understand, for the most part, where you are coming from but facts are facts. Taxes will be an issue you have to address 'before' you will be able to get your fiancé over hear permanently. I don't know exactly how all the child support will factor in but being able to show financial support for your spouse/child will come into play at some point. I would consult with a tax attorney or two and find out what you can do to get things straightened out or at least get started on a path to compliance. Then talk to a family law attorney, mixed with a immigration attorney. Consultations are free at first so you should be able to get enough information to at least get more information than you have now. Save yourself a lot of time and money before you start down a road that will lead to nothing but frustrations. Just my 2 cents.... Good luck!

[clearingthingsup 0]

That post wasn't directed at you dobbie, and I forgot to thank all the people that have posted things here that actually have been constructive. And I'm aware that the taxes will be an issue, I'm going in to talk to someone next week.

[David & Diana R 1,005]

I told Janice to stop posting as she wasn't posting an accurate accounting due to her english not being the best. However.. the words here are upsetting her so I'm stopping in to clear a few things up.

1. I wasn't aware I had a child for years, when I contacted the mother when she was pregnant to ask if it was mine, and again after I had heard the child bore a resemblance to me, both times she denied the child being mine. I was young and stupid and believed her until years later when I got a notice from the county letting me know that I owed child support in arrears and I could contest it with a blood test(which turned out positive). I've never actually been out of the hole with child support. It's not easy to get out either when they compound the interest MONTHLY. I still can't believe that's even legal. Yet I see it happen every month on the bill.

2. I was paying on my child support and had 2 seasonal jobs(taxi in the winter and roofing in the summer), which was going fine until I had a roofing job go south at the end of the season and when I went back to drive some friend of the guy doing the schedule for the taxi company had weaseled his way into my hours. My license was pulled once I missed a few payments which made getting a job who has done driving for a living hard. I've never had a higher education either, which also made things difficult. I later on got a job in another state working for a friend that owned a roofing company, i worked there for over a year and he had one of the guys pick me up for work every day. He lost a few workers and needed me to get a drivers license, I'd been paying steadily(and over the required amount) all year and talked to my case worker about getting it back as I needed it to keep employment. She said I'd need to pay 5,000 to get it back, my grandmother had passed away not too long before and I knew I'd have about 3,000 coming and countered with that, she said no, and I ended up jobless and moved back to my hometown again. I did work cash jobs for awhile as it was all I could get as the economy was hurting, I know.. I applied everywhere. Only when I was to the point of being homeless and straight up told my caseworker that I would be homeless soon and that I could get any number of jobs with my license, did she relent and give it back. I've been driving taxi again and paying ever since(again.. over the amount I owe every month). Who knew.. means to work and get to work = paying child support.

3. Taxes.. totally my fault, and I doubt I even owe that much as I've not made that much during the years I didn't file. I'm bad with paperwork, and I moved around alot, lost some paperwork, and didn't have the money anyways as I've been in a state of recovery for the most part ever since they first yanked my license. I guess I more or less felt that everything was so messed up for so long that it just didn't even matter anymore, so I just stopped bothering.

4. I saw someone going on and on about the lack of pictures and what it must mean about me. I'm just not that big into them and it never occurred to me, I've never really taken them, never really owned a camera. I collect other keepsakes to remind me of people/places, sometimes an interesting rock, or something I bought at a place I went with someone.

5. If anyone needs to troll or spout more insults, please direct it to me in PM and leave janice's thread out of it. If you want to be constructive, then by all means do so.

I believe that most posters here have been constructive. Perhaps not the way you would like to see it but.... Some, including myself have been a little more upfront with your fiance than others have. I explained to her that I do not know you and that I really could not be sure but come on now, anyone reading this post so far is pretty sure something is fishy here. I can see why you want her to stay away now because things are not looking so great for you. Come on now, is it possible that you are being selfish here? Don't you think you should clear up all of the mess you have already created before bringing the woman you love into this? Do you really think it is fair to bring her here at this point? Other posters have warned you and your fiance against getting into this at this point. Whether you can even qualify is in doubt at this point so I would also suggest you get your act together before you bring the love of your life here. The timing is just not right. If you can't support your own kid why would the US allow you to bring in someone else? I mean any NVC clerk is going to ask the same questions and you must have answers for them. Good luck and be honest with yourself and your love.

[KayDeeCee 4,892]

That post wasn't directed at you dobbie, and I forgot to thank all the people that have posted things here that actually have been constructive. And I'm aware that the taxes will be an issue, I'm going in to talk to someone next week.

Good. If you file the back taxes you should not have an issue with the affidavits of support that will be needed. You do not have to list your debts for them, and I do not think the child support would be an issue for your fiancee being granted a visa. They will only care about you proving you have met in person at least once in the 2 years prior to filing the I-129F and then proving that you have a real ongoing relationship when she goes for the K-1 interview. If you have enough income for a household of 3, then great. Otherwise, check that your consulate accepts co-sponsors and start looking for one.

[sumdesi 3]

Can we just stick to the facts and advise the poor couple on what legally they can do for the K-1 visa? Whether it's a "good idea" for them to get married is not the point of this thread or forum.

Micah, are you expecting to be cleared of your back taxes soon? If it's going to take a year or longer, then it probably was not the best time to file for the K-1 visa petition since as part of the review process, they conduct a background check, and definitely see that you did not file your taxes. Again just reiterating what everyone has said, you should clear up your taxes quickly, and then file for the visa.