Questions_Answers

Hello all!

I have searched around a bit but can't find an answer to my specific case. I am here in the US (from England) on a L-1B for 2 years this month. I am married to an American citizen (have been for nearly 3 years) and I hate to admit it, but we haven't filed my AOS. Now I am hearing rumours that my company will be having major layoffs next month, rumoured to be the 15th of December. I suspect I could be one to be laid off.

Also, while I am here asking, my wife was married before and her ex owes the IRS a nice little sum of money and he assumed the debt in the divorce but he seems to have no intention of paying at this point. We have since learned the IRS doesn't care what her divorce papers say and could come after her (and even me as Texas is a community property state!) so we don't know how that might affect us. She has her last three years individual tax returns (can't remember off the top of my head what will be needed if at all) She was a housewife who let him handle all the finances and had no clue what he was up to but tax guy has told us she doesn't qualify for innocent spouse.

So, my questions are:

1. Should I start the AOS now before the layoff occurs? Our desire is to remain here, not move back to the UK.

2. If I am laid off, can I then get another job with a different company and would a pending AOS affect that at all?

3. Will her ex husbands tax liability (essentially hers too) come into play? I have property for sale in England and could drop the price substantially to move it and use the proceeds to pay the tax debt if needed. We were planning to just pay it when my property sold but could try and rush that if we have to.

We have read so much our brains are a jumbled mess so thanks in advance to anyone who knows the answers to these questions and can help us out. I hope I haven't been too long winded! We plan to consult an immigration lawyer but any advise or suggestions will be appreciated.

henryh

1. Yes, file AoS now, with concurrent application for EAD and AP.
2. When you get EAD (typically 60 days or less from filing) you can work for any employer with no additional paperwork/filing requirements.
3. Other opinions invited, but I don't think the tax issue should come into it.

scrubbedexpat099

File for AOS asap.

You will need EAD before you can work.

Taxes, for someone else, if she has not assets bankruptcy might be an option. Talk to a CPA.

Noorah101

Yes! The sooner the better.

As part of the AOS, you'll be applying for a Work Authorization Document. Once you have this in hand, you can work anywhere you want, while waiting for your AOS to process. It takes about 60 - 90 days to get the EAD in hand after filing AOS.

No, but your wife will have to be earning a certain amount of income to be your sponsor on the Affidavit of Support. Check out form I-864 to see the Affidavit of Support, and the I-864P for the poverty guidelines she'll need to meet. If you are working, your income can also be included along with hers.

Best Wishes,
Rene

Questions_Answers

Thanks so much! We will get the paperwork started asap.