Advise please

[oakvalley 0]

Me and my husband have known each other for almost 3 years now. Married for 9 months, expecting a baby next month.

We have no problems in proving our relationship/marriage is real. We have plenty of evidence but the baby being the strongest one (I think).

Anyhow. We got married in the US and I overstayed.... Not to 180 days but almost (so I do not have a time bar triggered against me-luckily, only positive thing I guess).

Anyway to the issue where I am hoping to get some help from someone that knows what they are talking about.

My husband hasn't been able to pay his taxes (15% as his employer is fooling the government saying he is a subcontrator when he is in reality an employee and my husband refuses to press charges against him for this to IRS). And he has supported me all along where all his money goes...

He earns just or almost enough not to need a sponsor (but I doubt they will see it because last year he started working in may so he only got up to almost $21000 and this year he will be out of work for about three months because of our baby coming soon) And he still owes taxes.

Our question is:

* Can we apply for a CR1 when he has a payment plan settled with a sponsor? (He will be going to H&R Block in a few days to try to organize a payment plan to pay it off) Or does he have to have paid the taxes entirely (plus penalty I am imagining....)? Or does it not matter if he has paid it if we have a sponsor? Or is a payment plan enough (and that he pays according to it of course as well)?

* Also he currently lives with his family as I am costing him too much money, will they also need to send in their financial documents with the application? Like one of the persons in his house hasnt paid taxes for years and doubtful his sister would even share her information as she hates my guts of some reason...

He might be able to put his name on another address I guess? The sponsor (he hasnt agreed yet to be a sponsor but we are working on it) doesnt live on the same address.

* Can a sponsor be someone who earns enough money but hasnt paid taxes? One person in his household is paying off his taxes according to a payment plan but still owes taxes. Thinking if this could be an option.

* We were also wondering if there are any chances at all to be let in legally in the US with my overstay (again it is less than 180 days but I have understood I cannot use VWP, ESTA again)? I was thinking to try to enter by land filling in I94 but how likely would we be denied entry at POE?

* Also does it help to send in a copy of my degree to show I can easily get work in the US? I have a bachelors.

Do we have any advantages at all having a child together? LIke will they process our application faster or not be so harsh on our case regarding the financials?

Please no bashing, I am already stressed out about our situation as it is and can't believe I was so stupid to leave in the first place. Just trying to sort our mess out. And unfortunately he will be out of work for a few months as he is coming here to help before the birth of the baby and to spend some time with the baby before going back.

And please help. We are desperate. We thought we could move to my country but my country has enforced strong laws to try to make people not move here due to immigration issues with refugees...

Edited August 22, 2016 by oakvalley

[Cheezees 1,514]

I can answer just one of your questions with certainty. Having a child shows that 2 people had sex and not that a marriage was entered into in good faith or that someone will not become a public charge. A child is in no way an advantage and will never cause them to overlook an application will little to no evidence. A child is not a substitute for a bonafide sponsor nor does it hasten the processing of any cases. So we can all dismiss the notion that having a baby scores "sympathy" points with USCIS. Good luck!

[oakvalley 0]

I can answer just one of your questions with certainty. Having a child shows that 2 people had sex and not that a marriage was entered into in good faith or that someone will not become a public charge. A child is in no way an advantage and will never cause them to overlook an application will little to no evidence. A child is not a substitute for a bonafide sponsor nor does it hasten the processing of any cases. So we can all dismiss the notion that having a baby scores "sympathy" points with USCIS. Good luck!

I'm sorry you took it the wrong way... Obviously our child is not our only proof to a bonafide marriage.... Would be stupid to assume that's all it takes considering all those scammers that have made the visa process this complicated.

[Cheezees 1,514]

I did not take it the wrong way. I considered only the info you gave and answered the question you asked. No judgement. No interpretation. Again, a baby is no advantage and does not speed up the processing or give you leniency.

[oakvalley 0]

I did not take it the wrong way. I considered only the info you gave and answered the question you asked. No judgement. No interpretation. Again, a baby is no advantage and does not speed up the processing or give you leniency.

I dont believe you are right about the baby not being able to be part of a proof of bonafide marriage.... But I think you might be very right about the rest.

I am lucky to be from a low visa fraud country which i read helps a lot.

[Boiler 45,673]

Which country are you from?

I agree that the baby is sort of irrelevant, might be a US Citizen through the Father.

As the process takes so long he has plenty of time to sort out his job and taxes so he an sponsor you.

[Cheezees 1,514]

I dont believe you are right about the baby not being able to be part of a proof of bonafide marriage...

That is not what I said. A baby is not proof that a marriage was entered into in good faith.

[oakvalley 0]

Which country are you from?

I agree that the baby is sort of irrelevant, might be a US Citizen through the Father.

As the process takes so long he has plenty of time to sort out his job and taxes so he an sponsor you.

Can you please explain further (with last sentence, as I thought you send in the affidavit of support right away, or do you mean a payment plan is sufficient)? I read the process now only takes 6-8 months if all complete with application. I am from Sweden.

[Boiler 45,673]

Nearer a year, Affidavit is something for the interview.

[oakvalley 0]

Nearer a year, Affidavit is something for the interview.

Do you know if it's enough if my husband has a payment plan to pay taxes off or does all taxes have to be paid of at the time of the interview? WIth or without sponsor?

[Thegirl 225]

His family will not have to send in financial documents unless they are cosponsoring or they have claimed each other on taxes.

Assuming you aren't doing direct consular filing the initial approval from USCIS takes about 5 months so by the time you are ready for financials at nvc stage he'll probably need his 2016 transcripts and it's the amount he earns on that, that will count. I can't answer about whether he has to pay off his taxes or not.

Copy of your degree won't help.

Baby is as good an evidence as any if you also show involvement in the child's life( e.g. pictures etc) but won't speed up processing.

[IcezMan_IcezLady 582]

Your husband will have to be your "main" sponsor even if he doesn't make enough. he will need his most recent tax transcript for AOS package whether you guys get a joint sponsor or not.

He should deal with his tax situation and attach a copy of the payment plan.

But i recommend a joint sponsor...

When you get through this, you guys need do your due diligence and pay your taxes because this will come back to bit y'all sooner or later but definitely, at your naturalization, it will pop up.

[Kastrs 723]

Me and my husband have known each other for almost 3 years now. Married for 9 months, expecting a baby next month.

We have no problems in proving our relationship/marriage is real. We have plenty of evidence but the baby being the strongest one (I think).

Anyhow. We got married in the US and I overstayed.... Not to 180 days but almost (so I do not have a time bar triggered against me-luckily, only positive thing I guess).

Anyway to the issue where I am hoping to get some help from someone that knows what they are talking about.

My husband hasn't been able to pay his taxes (15% as his employer is fooling the government saying he is a subcontrator when he is in reality an employee and my husband refuses to press charges against him for this to IRS). And he has supported me all along where all his money goes...

He earns just or almost enough not to need a sponsor (but I doubt they will see it because last year he started working in may so he only got up to almost $21000 and this year he will be out of work for about three months because of our baby coming soon) And he still owes taxes.

Our question is:

* Can we apply for a CR1 when he has a payment plan settled with a sponsor? (He will be going to H&R Block in a few days to try to organize a payment plan to pay it off) Or does he have to have paid the taxes entirely (plus penalty I am imagining....)? Or does it not matter if he has paid it if we have a sponsor? Or is a payment plan enough (and that he pays according to it of course as well)? I am not sure about this, I thought you had to be square with the IRS, but I could be incorrect

* Also he currently lives with his family as I am costing him too much money, will they also need to send in their financial documents with the application? No it is not compulsory for his family (or anyone for that matter) to send in financial documents with the petition. The financial portion happens after your petition is approved by USCIS and in the hands of the NCV. At that time if your husband does not make sufficient income, you will need a cosponsor. Like one of the persons in his house hasnt paid taxes for years and doubtful his sister would even share her information as she hates my guts of some reason...

He might be able to put his name on another address I guess? The sponsor (he hasnt agreed yet to be a sponsor but we are working on it) doesnt live on the same address.

* Can a sponsor be someone who earns enough money but hasnt paid taxes? One person in his household is paying off his taxes according to a payment plan but still owes taxes. Thinking if this could be an option.

* We were also wondering if there are any chances at all to be let in legally in the US with my overstay (again it is less than 180 days but I have understood I cannot use VWP, ESTA again)? I was thinking to try to enter by land filling in I94 but how likely would we be denied entry at POE? You could apply for a B2 visit visa, but highly unlikely you will be approved.

* Also does it help to send in a copy of my degree to show I can easily get work in the US? I have a bachelors. Not even a little, no need to provide it

Do we have any advantages at all having a child together? LIke will they process our application faster or not be so harsh on our case regarding the financials? No your application will not be any easier, and actually it will make the financials more difficult as your household size will increase to 3 after the baby is born.

Please no bashing, I am already stressed out about our situation as it is and can't believe I was so stupid to leave in the first place. Just trying to sort our mess out. And unfortunately he will be out of work for a few months as he is coming here to help before the birth of the baby and to spend some time with the baby before going back. That is great that he is coming to help, and it might be what is best for your family; however, for immigration purposes it will certainly not help since he would not be generating income during that time.

And please help. We are desperate. We thought we could move to my country but my country has enforced strong laws to try to make people not move here due to immigration issues with refugees...

[oakvalley 0]

Your husband will have to be your "main" sponsor even if he doesn't make enough. he will need his most recent tax transcript for AOS package whether you guys get a joint sponsor or not.

He should deal with his tax situation and attach a copy of the payment plan.

But i recommend a joint sponsor...

When you get through this, you guys need do your due diligence and pay your taxes because this will come back to bit y'all sooner or later but definitely, at your naturalization, it will pop up.

Do you mean he has to paid off all taxes by the time of my interview at the embassy? Or is it sufficient if he just follow the payment plan?

[IcezMan_IcezLady 582]

I think making the effort to pay it off should help in your favor.

But everything is at the discretion of the CO.