Can I petition to bring my boyfriend to the US if I owe the IRS taxes? 9 Answers as of December 21, 2010

Can I petition my boyfriend of 2 years who lives in US for a green card even when I owe the IRS? We plan on getting married soon.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Since your boyfriend lives in the U.S., you cannot petition for him for the K-1 Fiancee Visa, you must wait for him and petition once you have married him, and then your by-then husband must apply to "adjust status." If he came here legally, even if he overstayed, you will likely succeed, but you will have to be well documented on the motivation for marriage, for love and not for obtaining a visa. If you wish to discuss the matter further, by all means call or e-mail to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 12/21/2010
David Hoines Law
David Hoines Law | David Hoines
Yes, you can still petition him.
Answer Applies to: Florida
Replied: 12/4/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
Most likely, but they will probably require you to work out a payment schedule with the IRS.

If your boyfriend has been in US for 2 years, you may have other immigration problems.
Answer Applies to: California
Replied: 12/4/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
I had a few cases where the petitioners owed taxes and the cases were approved. The USCIS doesn't require that your tax be paid. However, you do need to show an affidavit of support, which includes your paystubs, your last year tax return and your W-2.
Answer Applies to: California
Replied: 12/4/2010
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Yes, the fact that you owe the IRS does not disqualify you from sponsoring a relative for a green card, nor would being in bankruptcy, were that to be the case. The issue, however, is that the sponsor must provide an affidavit of support demonstrating that they can financially support the person they are sponsoring . However if the sponsor doesn't meet the minimum requirements because he or she is unemployed or doesn't make enough to support the size of his or her family, a backup or joint sponsor can be used. Thus, a petitioner can be unemployed, destitute, owe back taxes and even in bankruptcy and can still sponsor his or her relative if they can find a friend or relative who has a good job, a healthy income and agrees to be jointly responsible with them for the support of their sponsored relative.
Answer Applies to: Massachusetts
Replied: 12/4/2010
    Mankus & Marchan, LTD
    Mankus & Marchan, LTD | Tony Mankus
    There are two separate issues here: your debt to the IRS and your desire to obtain legal status for your boyfriend.You have to deal with each issue separately and, generally speaking, they do not overlap. However, if your boyfriend has not filed tax returns, owes money to IRS, or otherwise has a criminal record, this may impede his ability to become a legal resident.
    Answer Applies to: Illinois
    Replied: 12/4/2010
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    You can always petition but the question is whether it would be approved. First, your status as boyfriend and girlfriend will probably not be sufficient. If you overcome that obstacle (I.e. By getting married) you will then have to overcome your financial ability to support (which you would have to complete a form for which probably will be flagged due to your IRS problems if they are significant).
    Answer Applies to: Texas
    Replied: 12/3/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Answer Applies to: Virginia
    Replied: 12/3/2010
    Givner & Kaye
    Givner & Kaye | Bruce Givner
    I do not see what one thing has to do with the other. You should, however, take this up with an immigration attorney.
    Answer Applies to: California
    Replied: 12/3/2010
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