haruna

Hi.

I rarely get any sleep at night anymore cus I am so stressed out about my current situation. I am a Northern Irish male with an Irish passport and I have been travelling back and forth for the last year and a half to see my american girlfriend. We love each other very much and would love to get married but we have no clue how to go about it. We have checked numerous websites and such but to be honest these just scare us with their jargon. She is 19 and starting college this summer and I am 24 and work as a plasterer in N.Ireland. The thing is, I have worked for a plastering firm since I was 18 and have never paid taxes which I am ashamed of. Does this ruin my chances??? Also, what steps do we have to take to initiate the marriage process? If we do get a visa and get married can I work in the US straight away? Plus, is it true you need an attorney to help with the process?

Please help.

Rete

Check out this list which is listed at the start of this forum.

http://britishexpats.com/wiki/K1

It is for the Fiancee Visa.

nettlebed

As far as I know, the US has no way of finding out your tax payment history in Ireland. However, assuming that it is a criminal offense for you no to have paid taxes, you are now in a potentially difficult legal position.

Assuming that you want to immigrate to the US, during the Green Card interview and Citizenship interviews you would be asked under oath if you have ever committed a criminal offense for which you have never been arrested. At this point you would have to lie to the the US authorities under oath which is a bad thing if it ever gets found out, and could possibly lead to revocation of Green Card or citizenship, and may initiate a lifetime ban.

Would they ever find out that you hadn't paid taxes? Unlikely, but possible.

Would they ever find out that you lied? Unlikely, but possible.

Is it possible for you to regularize your tax position with the Irish government? If you do that, it would be a big weight off your mind

See the link Rete gave. Many people do it without an attorney.

Noorah101

Hi haruna, Welcome to BE.

You have basically two choices: The K-1 fiance visa or the spouse Immigrant Visa. The information on each one can be found in our Wiki Section, but here's a VERY basic rundown of how they each work:

K-1 Fiance Visa: USC files form I-129F and backup documents. Eventually your case transfers to London and you are instructed to submit visa application forms, get a police certificate, and get a medical done. At the end, you attend a visa interview, get your K-1 visa, and enter the USA. This process takes about 6 - 8 months. Once inside the USA, you must marry within 90 days. You will then need to adjust your status (apply for a green card), but you can remain in the USA while this processes. With this visa, it could take up to 3 or 4 months to get your work authorization, so you'll be unemployable for a while when you first arrive.

Spouse Immigrant Visa: You guys can get married wherever you wish (yes, you can get married in the USA on the VWP, but you can't stay). The USC then files form I-130 and backup documents, has more correspondence with NVC along the way, then eventually your file gets transferred to London. You'll be instructed to complete visa application forms, get a police certificate, and get a medical done. Eventually you attend a visa interview and get a CR-1 Immigrant Visa. This process takes about 8 - 10 months to complete. The good thing about this visa, is that once you arrive in the USA, you become a US Permanent Resident upon entry (i.e., you get your green card right away), so you'll be work authorized from Day 1.

So you have some research and decisions to make now. It wasn't good not to pay tax, but I don't think that affects your ability to obtain either of the above visas. One thing to watch out for, though, is that if the USC does not earn the right level of income (which, if she's 19 and a student, she probably doesn't), then you'll need a Joint Sponsor for the Affidavit of Support. Also, you don't NEED a lawyer, but perhaps a 1-time consultation with an immigration lawyer will help you guys decide the best path for you to take. Also, if you have any kind of previous immigration problems, or any kind of criminal history, it's a good idea to know how that will affect you, which a lawyer can determine.

Keep doing some research and come back with any questions you might have.

Best Wishes,
Rene

Bluegrass Lass

Err, hold on, if you work in NI, then aren't you under the PAYE system like every other UK citizen? Doesn't that mean your taxes are already paid by the time you get your paycheck? However, can't you just go ahead and fill out the forms for previous years' taxes and send them in so you are legit?

Anyways, the US doesn't care if you've been paying taxes. The only way it matters is if, as Nettlebed suggested, you should have been paying taxes and it is considered a criminal offense for which you've never been arrested. You would need to declare that.

Otherwise, you have 2 options. One, your US girlfriend can initiate the K1 fiance visa process. Rete has already posted a link to the wiki for the process. Or, you can go the Spousal Visa process, also called the CR-1/IR-1 process. For this process, you need to already be married before your wife could begin the visa process for you. There is a wiki describing this process as well.

After you have a read of those visas, come back and give a shout with any questions you still have.

nettlebed

OP says he's NI male with Irish passport. I'm guessing that the work he does is cash-in-hand anyway, so he prolly never got a sniff of NI PAYE.

As far as sending in back taxes, yes, it's definitely the right thing to so, but six years is prolly going to be expensive, and it wouldn't surprise me at all if a lot of the earnings records are missing.

At this point, assuming OP can afford it, a consultation with a tax specialist in Ireland and/or NI, depending on where he was working, might be a good idea.

hobbes79

Jumping ahead, but you're likely to have sponsor issues. Do a search around for info about co-sponsoring.

nettlebed

To the OP: does she have well-off parents that approve of you and want you to immigrate to the US? If so, things will be a lot easier for you.

haruna

Her parents are divorced but her mum would have no problem. What does sponsering involve? Also, what if I was to get another job and start paying tax with it does that mean i'd be ok?

Noorah101

Go to www.uscis.gov, Immigration Forms, and look for the I-134. Read the form and the instructions. That will let you know what sponsoring your K-1 visa involves, if you decide to do a K-1 visa.

For future reference, go to the same site, same place, and look up the I-864. This is the affidavit of support you'll need once you get to the USA and get married. Or, if you decide to get married first and do an Immigrant Visa.

I doubt if would absolve you from having to file or pay back taxes, would it? This isn't an immigration issue....it's more of a "can I answer the visa application form questions honestly" issue.

Rene

haruna

Well, I haven't been working full time and most of the time its been odd jobs that don't pay much. I heard if you don't earn so much you don't pay tax...is this true?

Noorah101

That's true in the USA, I have no idea about the UK. If you didn't earn enough to be obligated to file a tax return, then you're fine. You'll have to find out what the UK law is on that.

Rene

haruna

Yea, apparently I haven't been earning enough to warrant paying tax. Would I have to check in with the tax office first or declare this in some way?

I will be starting a new job soon where ill be paying tax as well.

Noorah101

If you were not liable for filing a tax return because you weren't earning enough income, I don't see why you would need to check in with anyone or declare it anywhere.

But again, I don't know anything about UK tax laws.

Rene

nettlebed

That's correct. If you were not liable for tax due to not earning enough, you are in the clear. It's your responsibility to fin out whether you were over the threshhold or not, though.

However, if you can say with a clear conscience that you didn't earn enough to be liable to pay tax, then there are no implications with regards to taxation as far as immigrating to the US goes. I brought it up as a potential problem for you to look into, since not paying tax you owe might be a criminal offense, which IS a problem as far as immigrating to the US goes.