A Serious Immigration Situation with Canadian Husband
Feb 26th 2004, 1:36 am
#1
Guest
Posts: n/a
A Serious Immigration Situation with Canadian Husband
Let's see if I can tell this story so it makes some sense...all of you
here at this newsgroup have so much good experience, wisdom, and
background with immigration problems, perhaps you can point me in the
right direction...however, this situation seems to be a serious mess at
present.
Met my husband at work in 1997 here in San Francisco...he was working as
a IT temp for my group for a few weeks. Dated for a few months. Married
in September of 1997.
Problem with this otherwise extremely nice fellow is that he has trouble
complying with rules, or telling the truth, or filing papers. Any
papers. And, he's often lied to me and everyone else about such things.
At the time we were married, I was working as a consultant and making
over $100K per year. He worked during that time...but only occasionally
as a temp. I was under the impression he was here on a valid H1-B
visa...which he did enter the US on...but it had long been invalid by
our marriage. I only found that to be true much later. Silly me...I ask
a question, and thought there would be no reason to lie about the answer.
For about 2 years he seemed to be filling out the family-based visa
papers. From time to time I'd ask, and he's produce paperwork for me to
sign. Being a college grad in chemistry and then trained as a technical
writer, I thought he'd be on top of his immigration issues. I was at
that time travelling 5 to 6 days a week, and only home 1 or 2 days a
week at best. I felt we had both time and money enough to do whatever
was necessary. He said he was in compliance, and making progress.
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the
law office. When I mentioned to the head of the firm that he'd been
working prior to marriage...they quietly closed the file and advised me
not to continue with filing as he was violating immigration, and would
be subject to penalties if we submitted a family-based visa request,
considering the circumstances. They advised him to go home to Canada,
re-establish his citizenship, and only visit me here in America...not to
ever try to submit papers for citizenship, though.
However, he continued to say he was seeking to stay legally and was
finding information from other lawyers. I now know this to be untrue.
Since that time, in the last two years, I had to undergo spinal surgery.
I have not worked in those two years while undergoing surgery and
recovery. It took some time but I am now finally rehabilitated and am
seeking work at present.
I now also find that he neglected to file taxes for some number of
years, although he said he was doing that and each year I signed the
forms. For some reason he just ... well ...he just didn't file. Nor did
he show me any IRS correspondence that arrived in the mail. Nor, did he
admit it until I checked with IRS and found to my surprise our status.
So...I now am broke and unemployed. All of my 401Ks and savings have
been depleted...he has hidden bills while saying they were paid until we
are now over $150K in debt, and I am seeking to file Chapter 13
bankruptcy...and wondering what to do about his current immigration
status, to boot.
Understand, he's such a well-educated, quiet, and pleasant man. No
gambling. Minimal drinking. No drugs. No one that hasn't seen the damage
understands or believes this behaviour. It's taken me years to see the
depth of the problem we have with clearity and accept the reality, in
the face of his persistant (and reasonable sounding) denials.
If I decide that we should endevour to continue in this union...where
the heck do I start?
I know a lawyer is needed, but until I work again there is only his
current temp job money available...$250 a week, which does not go very
far in San Francisco...and that job ends after only six weeks total, anyway.
Any chance if I take over all our finances and his immigration paperwork
that I can save this situation?
As soon as I have secured a position, and have a few paychecks in hand,
and pay rent and to begin Chapter 13, I'll seek the advice of an
immigration lawyer myself.
Actually, I feel seven long years of persistant neglect of all things
important to a partnership may at this time mean that he is just plain
not partner material. However, if any change does occur...is the
immigration situation at all salvagable, in your experience or opinion?
Thank you all for your time. It is appreciated.
here at this newsgroup have so much good experience, wisdom, and
background with immigration problems, perhaps you can point me in the
right direction...however, this situation seems to be a serious mess at
present.
Met my husband at work in 1997 here in San Francisco...he was working as
a IT temp for my group for a few weeks. Dated for a few months. Married
in September of 1997.
Problem with this otherwise extremely nice fellow is that he has trouble
complying with rules, or telling the truth, or filing papers. Any
papers. And, he's often lied to me and everyone else about such things.
At the time we were married, I was working as a consultant and making
over $100K per year. He worked during that time...but only occasionally
as a temp. I was under the impression he was here on a valid H1-B
visa...which he did enter the US on...but it had long been invalid by
our marriage. I only found that to be true much later. Silly me...I ask
a question, and thought there would be no reason to lie about the answer.
For about 2 years he seemed to be filling out the family-based visa
papers. From time to time I'd ask, and he's produce paperwork for me to
sign. Being a college grad in chemistry and then trained as a technical
writer, I thought he'd be on top of his immigration issues. I was at
that time travelling 5 to 6 days a week, and only home 1 or 2 days a
week at best. I felt we had both time and money enough to do whatever
was necessary. He said he was in compliance, and making progress.
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the
law office. When I mentioned to the head of the firm that he'd been
working prior to marriage...they quietly closed the file and advised me
not to continue with filing as he was violating immigration, and would
be subject to penalties if we submitted a family-based visa request,
considering the circumstances. They advised him to go home to Canada,
re-establish his citizenship, and only visit me here in America...not to
ever try to submit papers for citizenship, though.
However, he continued to say he was seeking to stay legally and was
finding information from other lawyers. I now know this to be untrue.
Since that time, in the last two years, I had to undergo spinal surgery.
I have not worked in those two years while undergoing surgery and
recovery. It took some time but I am now finally rehabilitated and am
seeking work at present.
I now also find that he neglected to file taxes for some number of
years, although he said he was doing that and each year I signed the
forms. For some reason he just ... well ...he just didn't file. Nor did
he show me any IRS correspondence that arrived in the mail. Nor, did he
admit it until I checked with IRS and found to my surprise our status.
So...I now am broke and unemployed. All of my 401Ks and savings have
been depleted...he has hidden bills while saying they were paid until we
are now over $150K in debt, and I am seeking to file Chapter 13
bankruptcy...and wondering what to do about his current immigration
status, to boot.
Understand, he's such a well-educated, quiet, and pleasant man. No
gambling. Minimal drinking. No drugs. No one that hasn't seen the damage
understands or believes this behaviour. It's taken me years to see the
depth of the problem we have with clearity and accept the reality, in
the face of his persistant (and reasonable sounding) denials.
If I decide that we should endevour to continue in this union...where
the heck do I start?
I know a lawyer is needed, but until I work again there is only his
current temp job money available...$250 a week, which does not go very
far in San Francisco...and that job ends after only six weeks total, anyway.
Any chance if I take over all our finances and his immigration paperwork
that I can save this situation?
As soon as I have secured a position, and have a few paychecks in hand,
and pay rent and to begin Chapter 13, I'll seek the advice of an
immigration lawyer myself.
Actually, I feel seven long years of persistant neglect of all things
important to a partnership may at this time mean that he is just plain
not partner material. However, if any change does occur...is the
immigration situation at all salvagable, in your experience or opinion?
Thank you all for your time. It is appreciated.
Feb 26th 2004, 1:57 am
#2
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
Talisker wrote:
> Let's see if I can tell this story so it makes some sense...all of you
> here at this newsgroup have so much good experience, wisdom, and
> background with immigration problems, perhaps you can point me in the
> right direction...however, this situation seems to be a serious mess at
> present.
Lots skipped......
> Actually, I feel seven long years of persistant neglect of all things
> important to a partnership may at this time mean that he is just plain
> not partner material. However, if any change does occur...is the
> immigration situation at all salvagable, in your experience or opinion?
>
> Thank you all for your time. It is appreciated.
Talisker,
I see multiple issues
1. The marriage or divorce, that is your choice
This is only something that you can determine and you should get an
attorney for this.
2. The immigration issue
You are stuck here. It sounds like he faces a 10 year ban if he were to
leave and try to return, and might be sunject to deporation. This is
really a bad thing to, since he could have easily qualified under the
LIFE Act. I believe he would have been eligble if you had filed I-130
before April 30, 2001. This law even permitted people who entered
illegally to obtain permanent residency. You might qualify for a
hardship waver, but that will take a while. For now, he can start the
process for Adjustment of Status, which might let him at least get
employment authorization while the process is pending.
He really needs an immigration lawyer for this.
3. The money issue (bankrupcy?)
4. The IRS issue
They have powers that mere mortals can only dream of. However, they have
become more gentle than they used to be. You might even escape with an
OIC (Offer in Compromise), especially if you have limited assets.
5. Criminal issues (I am not sure whether you are indicating that he
depleted your 401K or you did)..
How did you entire 401K get depleted? Withdrawals are generally limited
to a limited number of circumstances.
What about his current employment. How does he get this temp work
without being legally entitled to work? Does he file an I-9?
Since your medical issues appear to be temporary, as you indicated you
would be going back to work, the waiver might be difficult to obtain.
I wouldn't say the odds of him staying legally after this lengthy
overstay are not very good.
What does he have to say about all of this?
> Let's see if I can tell this story so it makes some sense...all of you
> here at this newsgroup have so much good experience, wisdom, and
> background with immigration problems, perhaps you can point me in the
> right direction...however, this situation seems to be a serious mess at
> present.
Lots skipped......
> Actually, I feel seven long years of persistant neglect of all things
> important to a partnership may at this time mean that he is just plain
> not partner material. However, if any change does occur...is the
> immigration situation at all salvagable, in your experience or opinion?
>
> Thank you all for your time. It is appreciated.
Talisker,
I see multiple issues
1. The marriage or divorce, that is your choice
This is only something that you can determine and you should get an
attorney for this.
2. The immigration issue
You are stuck here. It sounds like he faces a 10 year ban if he were to
leave and try to return, and might be sunject to deporation. This is
really a bad thing to, since he could have easily qualified under the
LIFE Act. I believe he would have been eligble if you had filed I-130
before April 30, 2001. This law even permitted people who entered
illegally to obtain permanent residency. You might qualify for a
hardship waver, but that will take a while. For now, he can start the
process for Adjustment of Status, which might let him at least get
employment authorization while the process is pending.
He really needs an immigration lawyer for this.
3. The money issue (bankrupcy?)
4. The IRS issue
They have powers that mere mortals can only dream of. However, they have
become more gentle than they used to be. You might even escape with an
OIC (Offer in Compromise), especially if you have limited assets.
5. Criminal issues (I am not sure whether you are indicating that he
depleted your 401K or you did)..
How did you entire 401K get depleted? Withdrawals are generally limited
to a limited number of circumstances.
What about his current employment. How does he get this temp work
without being legally entitled to work? Does he file an I-9?
Since your medical issues appear to be temporary, as you indicated you
would be going back to work, the waiver might be difficult to obtain.
I wouldn't say the odds of him staying legally after this lengthy
overstay are not very good.
What does he have to say about all of this?
Feb 26th 2004, 2:04 am
#3
BE Forum Addict
Joined: Dec 2003
Posts: 1,430
Re: A Serious Immigration Situation with Canadian Husband
Originally posted by Talisker
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the law office. When I mentioned to the head of the firm that he'd been working prior to marriage...they quietly closed the file and advised me not to continue with filing as he was violating immigration, and would be subject to penalties if we submitted a family-based visa request, considering the circumstances. They advised him to go home to Canada, re-establish his citizenship, and only visit me here in America...not to ever try to submit papers for citizenship, though.
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the law office. When I mentioned to the head of the firm that he'd been working prior to marriage...they quietly closed the file and advised me not to continue with filing as he was violating immigration, and would be subject to penalties if we submitted a family-based visa request, considering the circumstances. They advised him to go home to Canada, re-establish his citizenship, and only visit me here in America...not to ever try to submit papers for citizenship, though.
Last edited by sphyrapicus; Feb 26th 2004 at 2:11 am.
Feb 26th 2004, 2:38 am
#4
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: A Serious Immigration Situation with Canadian Husband
Originally posted by Mtravelkay
Talisker wrote:
> Let's see if I can tell this story so it makes some sense...all of you
> here at this newsgroup have so much good experience, wisdom, and
> background with immigration problems, perhaps you can point me in the
> right direction...however, this situation seems to be a serious mess at
> present.
Lots skipped......
> Actually, I feel seven long years of persistant neglect of all things
> important to a partnership may at this time mean that he is just plain
> not partner material. However, if any change does occur...is the
> immigration situation at all salvagable, in your experience or opinion?
>
> Thank you all for your time. It is appreciated.
Talisker,
I see multiple issues
1. The marriage or divorce, that is your choice
This is only something that you can determine and you should get an
attorney for this.
2. The immigration issue
You are stuck here. It sounds like he faces a 10 year ban if he were to
leave and try to return, and might be sunject to deporation. This is
really a bad thing to, since he could have easily qualified under the
LIFE Act. I believe he would have been eligble if you had filed I-130
before April 30, 2001. This law even permitted people who entered
illegally to obtain permanent residency. You might qualify for a
hardship waver, but that will take a while. For now, he can start the
process for Adjustment of Status, which might let him at least get
employment authorization while the process is pending.
He really needs an immigration lawyer for this.
3. The money issue (bankrupcy?)
4. The IRS issue
They have powers that mere mortals can only dream of. However, they have
become more gentle than they used to be. You might even escape with an
OIC (Offer in Compromise), especially if you have limited assets.
5. Criminal issues (I am not sure whether you are indicating that he
depleted your 401K or you did)..
How did you entire 401K get depleted? Withdrawals are generally limited
to a limited number of circumstances.
What about his current employment. How does he get this temp work
without being legally entitled to work? Does he file an I-9?
Since your medical issues appear to be temporary, as you indicated you
would be going back to work, the waiver might be difficult to obtain.
I wouldn't say the odds of him staying legally after this lengthy
overstay are not very good.
What does he have to say about all of this?
Talisker wrote:
> Let's see if I can tell this story so it makes some sense...all of you
> here at this newsgroup have so much good experience, wisdom, and
> background with immigration problems, perhaps you can point me in the
> right direction...however, this situation seems to be a serious mess at
> present.
Lots skipped......
> Actually, I feel seven long years of persistant neglect of all things
> important to a partnership may at this time mean that he is just plain
> not partner material. However, if any change does occur...is the
> immigration situation at all salvagable, in your experience or opinion?
>
> Thank you all for your time. It is appreciated.
Talisker,
I see multiple issues
1. The marriage or divorce, that is your choice
This is only something that you can determine and you should get an
attorney for this.
2. The immigration issue
You are stuck here. It sounds like he faces a 10 year ban if he were to
leave and try to return, and might be sunject to deporation. This is
really a bad thing to, since he could have easily qualified under the
LIFE Act. I believe he would have been eligble if you had filed I-130
before April 30, 2001. This law even permitted people who entered
illegally to obtain permanent residency. You might qualify for a
hardship waver, but that will take a while. For now, he can start the
process for Adjustment of Status, which might let him at least get
employment authorization while the process is pending.
He really needs an immigration lawyer for this.
3. The money issue (bankrupcy?)
4. The IRS issue
They have powers that mere mortals can only dream of. However, they have
become more gentle than they used to be. You might even escape with an
OIC (Offer in Compromise), especially if you have limited assets.
5. Criminal issues (I am not sure whether you are indicating that he
depleted your 401K or you did)..
How did you entire 401K get depleted? Withdrawals are generally limited
to a limited number of circumstances.
What about his current employment. How does he get this temp work
without being legally entitled to work? Does he file an I-9?
Since your medical issues appear to be temporary, as you indicated you
would be going back to work, the waiver might be difficult to obtain.
I wouldn't say the odds of him staying legally after this lengthy
overstay are not very good.
What does he have to say about all of this?
Feb 26th 2004, 4:32 am
#5
Member
Joined: Apr 2001
Posts: 14,049
Re: A Serious Immigration Situation with Canadian Husband
Talisker,
I understand that you are asking about the immigration situation on the assumption that the relationship situation works....
But you have first and foremost a relationship issue.
Good luck to you.
Regards, JEff
I understand that you are asking about the immigration situation on the assumption that the relationship situation works....
But you have first and foremost a relationship issue.
Good luck to you.
Regards, JEff
Originally posted by Talisker
Let's see if I can tell this story so it makes some sense....
Let's see if I can tell this story so it makes some sense....
Feb 26th 2004, 5:02 am
#6
Forum Regular
Joined: Feb 2004
Posts: 32
Re: A Serious Immigration Situation with Canadian Husband
Cut to the chase....
So long as your husband entered the country legally he can adjust status at anytime without penalties due to overstaying his visa or working illegaly...but he has to file the paperwork ASAP.
Yeah, that law firm is incompetent.
So long as your husband entered the country legally he can adjust status at anytime without penalties due to overstaying his visa or working illegaly...but he has to file the paperwork ASAP.
Yeah, that law firm is incompetent.
Feb 26th 2004, 5:10 am
#7
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: A Serious Immigration Situation with Canadian Husband
Originally posted by immatchua
Cut to the chase....
So long as your husband entered the country legally he can adjust status at anytime without penalties due to overstaying his visa or working illegaly...but he has to file the paperwork ASAP.
Yeah, that law firm is incompetent.
Cut to the chase....
So long as your husband entered the country legally he can adjust status at anytime without penalties due to overstaying his visa or working illegaly...but he has to file the paperwork ASAP.
Yeah, that law firm is incompetent.
We potentially agree on something ..lol
There could of course be misrepresenation issues though you realise??
That would be a HUGE problem IMHO.
It mayalso explain the nature of the advice that was given, especially if the OP's husband claimed to be a USC.
Feb 26th 2004, 1:33 pm
#8
Concierge
Joined: Apr 2001
Posts: 46,392
Re: A Serious Immigration Situation with Canadian Husband
I've read your post twice and unless you are a troll your post does not make sense at all.
Your Canadian husband CANNOT file for adjustment of status unless you file an I-130 for him and have completed an affidavit of support (I-864). If you did neither of those things, then of course he never filed for adjustment because he has no basis for eligibility.
As for your scenario with the attorney, that is a bunch of hogwash. Any immigration attorney, even those who handle strictly work visas, know that one can adjust status if one is married to a US citizen and also knows that the USCIS forgives overstays, illegal work and use of illegal documentation.
Not to be cruel but if your story is true, you really have no common sense if you have not looked into what it takes to make your husband a legall permanent resident. Since he apparently doesn't care about his status, why do you?
Rete
Your Canadian husband CANNOT file for adjustment of status unless you file an I-130 for him and have completed an affidavit of support (I-864). If you did neither of those things, then of course he never filed for adjustment because he has no basis for eligibility.
As for your scenario with the attorney, that is a bunch of hogwash. Any immigration attorney, even those who handle strictly work visas, know that one can adjust status if one is married to a US citizen and also knows that the USCIS forgives overstays, illegal work and use of illegal documentation.
Not to be cruel but if your story is true, you really have no common sense if you have not looked into what it takes to make your husband a legall permanent resident. Since he apparently doesn't care about his status, why do you?
Rete
Originally posted by Talisker
Let's see if I can tell this story so it makes some sense...all of you
here at this newsgroup have so much good experience, wisdom, and
background with immigration problems, perhaps you can point me in the
right direction...however, this situation seems to be a serious mess at
present.
Met my husband at work in 1997 here in San Francisco...he was working as
a IT temp for my group for a few weeks. Dated for a few months. Married
in September of 1997.
Problem with this otherwise extremely nice fellow is that he has trouble
complying with rules, or telling the truth, or filing papers. Any
papers. And, he's often lied to me and everyone else about such things.
At the time we were married, I was working as a consultant and making
over $100K per year. He worked during that time...but only occasionally
as a temp. I was under the impression he was here on a valid H1-B
visa...which he did enter the US on...but it had long been invalid by
our marriage. I only found that to be true much later. Silly me...I ask
a question, and thought there would be no reason to lie about the answer.
For about 2 years he seemed to be filling out the family-based visa
papers. From time to time I'd ask, and he's produce paperwork for me to
sign. Being a college grad in chemistry and then trained as a technical
writer, I thought he'd be on top of his immigration issues. I was at
that time travelling 5 to 6 days a week, and only home 1 or 2 days a
week at best. I felt we had both time and money enough to do whatever
was necessary. He said he was in compliance, and making progress.
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the
law office. When I mentioned to the head of the firm that he'd been
working prior to marriage...they quietly closed the file and advised me
not to continue with filing as he was violating immigration, and would
be subject to penalties if we submitted a family-based visa request,
considering the circumstances. They advised him to go home to Canada,
re-establish his citizenship, and only visit me here in America...not to
ever try to submit papers for citizenship, though.
However, he continued to say he was seeking to stay legally and was
finding information from other lawyers. I now know this to be untrue.
Since that time, in the last two years, I had to undergo spinal surgery.
I have not worked in those two years while undergoing surgery and
recovery. It took some time but I am now finally rehabilitated and am
seeking work at present.
I now also find that he neglected to file taxes for some number of
years, although he said he was doing that and each year I signed the
forms. For some reason he just ... well ...he just didn't file. Nor did
he show me any IRS correspondence that arrived in the mail. Nor, did he
admit it until I checked with IRS and found to my surprise our status.
So...I now am broke and unemployed. All of my 401Ks and savings have
been depleted...he has hidden bills while saying they were paid until we
are now over $150K in debt, and I am seeking to file Chapter 13
bankruptcy...and wondering what to do about his current immigration
status, to boot.
Understand, he's such a well-educated, quiet, and pleasant man. No
gambling. Minimal drinking. No drugs. No one that hasn't seen the damage
understands or believes this behaviour. It's taken me years to see the
depth of the problem we have with clearity and accept the reality, in
the face of his persistant (and reasonable sounding) denials.
If I decide that we should endevour to continue in this union...where
the heck do I start?
I know a lawyer is needed, but until I work again there is only his
current temp job money available...$250 a week, which does not go very
far in San Francisco...and that job ends after only six weeks total, anyway.
Any chance if I take over all our finances and his immigration paperwork
that I can save this situation?
As soon as I have secured a position, and have a few paychecks in hand,
and pay rent and to begin Chapter 13, I'll seek the advice of an
immigration lawyer myself.
Actually, I feel seven long years of persistant neglect of all things
important to a partnership may at this time mean that he is just plain
not partner material. However, if any change does occur...is the
immigration situation at all salvagable, in your experience or opinion?
Thank you all for your time. It is appreciated.
Let's see if I can tell this story so it makes some sense...all of you
here at this newsgroup have so much good experience, wisdom, and
background with immigration problems, perhaps you can point me in the
right direction...however, this situation seems to be a serious mess at
present.
Met my husband at work in 1997 here in San Francisco...he was working as
a IT temp for my group for a few weeks. Dated for a few months. Married
in September of 1997.
Problem with this otherwise extremely nice fellow is that he has trouble
complying with rules, or telling the truth, or filing papers. Any
papers. And, he's often lied to me and everyone else about such things.
At the time we were married, I was working as a consultant and making
over $100K per year. He worked during that time...but only occasionally
as a temp. I was under the impression he was here on a valid H1-B
visa...which he did enter the US on...but it had long been invalid by
our marriage. I only found that to be true much later. Silly me...I ask
a question, and thought there would be no reason to lie about the answer.
For about 2 years he seemed to be filling out the family-based visa
papers. From time to time I'd ask, and he's produce paperwork for me to
sign. Being a college grad in chemistry and then trained as a technical
writer, I thought he'd be on top of his immigration issues. I was at
that time travelling 5 to 6 days a week, and only home 1 or 2 days a
week at best. I felt we had both time and money enough to do whatever
was necessary. He said he was in compliance, and making progress.
Time wore on and I finally made an appointment myself to see his
immigration lawyers downtown. He was very reluctant to go with me to the
law office. When I mentioned to the head of the firm that he'd been
working prior to marriage...they quietly closed the file and advised me
not to continue with filing as he was violating immigration, and would
be subject to penalties if we submitted a family-based visa request,
considering the circumstances. They advised him to go home to Canada,
re-establish his citizenship, and only visit me here in America...not to
ever try to submit papers for citizenship, though.
However, he continued to say he was seeking to stay legally and was
finding information from other lawyers. I now know this to be untrue.
Since that time, in the last two years, I had to undergo spinal surgery.
I have not worked in those two years while undergoing surgery and
recovery. It took some time but I am now finally rehabilitated and am
seeking work at present.
I now also find that he neglected to file taxes for some number of
years, although he said he was doing that and each year I signed the
forms. For some reason he just ... well ...he just didn't file. Nor did
he show me any IRS correspondence that arrived in the mail. Nor, did he
admit it until I checked with IRS and found to my surprise our status.
So...I now am broke and unemployed. All of my 401Ks and savings have
been depleted...he has hidden bills while saying they were paid until we
are now over $150K in debt, and I am seeking to file Chapter 13
bankruptcy...and wondering what to do about his current immigration
status, to boot.
Understand, he's such a well-educated, quiet, and pleasant man. No
gambling. Minimal drinking. No drugs. No one that hasn't seen the damage
understands or believes this behaviour. It's taken me years to see the
depth of the problem we have with clearity and accept the reality, in
the face of his persistant (and reasonable sounding) denials.
If I decide that we should endevour to continue in this union...where
the heck do I start?
I know a lawyer is needed, but until I work again there is only his
current temp job money available...$250 a week, which does not go very
far in San Francisco...and that job ends after only six weeks total, anyway.
Any chance if I take over all our finances and his immigration paperwork
that I can save this situation?
As soon as I have secured a position, and have a few paychecks in hand,
and pay rent and to begin Chapter 13, I'll seek the advice of an
immigration lawyer myself.
Actually, I feel seven long years of persistant neglect of all things
important to a partnership may at this time mean that he is just plain
not partner material. However, if any change does occur...is the
immigration situation at all salvagable, in your experience or opinion?
Thank you all for your time. It is appreciated.
Feb 26th 2004, 7:17 pm
#9
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
mtravelkay wrote:
> 5. Criminal issues (I am not sure whether you are indicating that he
> depleted your 401K or you did)..
> How did you entire 401K get depleted? Withdrawals are generally
> limited to a limited number of circumstances.
It's your money and you can withdraw it any time you want, any number of
times for whatever reason you want! There are, however, fines and
penalties and you must claim it as income...
> What about his current employment. How does he get this temp work
> without being legally entitled to work?
If we could answer that little question we could solve all of illegal
immigration, no?
--
You know how it is when you're walking up the stairs, and you get to the
top, and you think there's one more step? I'm like that all the time.
> 5. Criminal issues (I am not sure whether you are indicating that he
> depleted your 401K or you did)..
> How did you entire 401K get depleted? Withdrawals are generally
> limited to a limited number of circumstances.
It's your money and you can withdraw it any time you want, any number of
times for whatever reason you want! There are, however, fines and
penalties and you must claim it as income...
> What about his current employment. How does he get this temp work
> without being legally entitled to work?
If we could answer that little question we could solve all of illegal
immigration, no?
--
You know how it is when you're walking up the stairs, and you get to the
top, and you think there's one more step? I'm like that all the time.
Feb 26th 2004, 7:31 pm
#10
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
Talisker wrote:
> Problem with this otherwise extremely nice fellow is that he has
> trouble complying with rules, or telling the truth, or filing papers.
> Any papers. And, he's often lied to me and everyone else about such
> things.
Tell me the part about "extremely nice fellow" because I lost it by the
end of this paragraph. How exactly is somebody an extremely nice fellow
after all of that!
> ...he seemed to be filling out the family-based visa papers [but
> didn't]...
> ...From time to time I'd ask, and he's produce paperwork for me to
> sign [which I'd blindly sign without reading]....
> ...I felt we had both time and money enough to do whatever was
> necessary [I thought if I had enough money they'd make an exception]...
> ...I now also find that he neglected to file taxes for some number of
> years [which, being married I am also responsible for but I'll just
> sign what he brings me]...
> So...I now am broke and unemployed. All of my 401Ks and savings have
> been depleted.
How did that happen?
> ..he has hidden bills while saying they were paid [AKA stole] until we
> are now over $150K in debt, and I am seeking to file Chapter 13
> bankruptcy...and wondering what to do about his current immigration
> status, to boot.
Why the hell would you worry about the immigration status of a person
who has treated you this way? He shows no respect for rules, law or
others and no respect for the crappy situation he has put you into,
therefore no respect for you either.
> Understand, he's such a well-educated, quiet, and pleasant man. No
> gambling. Minimal drinking. No drugs.
No rules, no principals, no communication skills, no respect for others
and no love for you. Yeah a piece of work he is.
> If I decide that we should endevour to continue in this union...where
> the heck do I start?
Why the heck would you en devour to continue a relationship with such a
person?!? He appears to be poison.
> Any chance if I take over all our finances and his immigration
> paperwork that I can save this situation?
What fer?
> Actually, I feel seven long years of persistant neglect of all things
> important to a partnership may at this time mean that he is just plain
> not partner material.
Gee ya think!
And I'm not just talking about his neglect. You are responsible too!
There are many things in your story where you are as guilty as he is WRT
neglecting your obligations.
--
Take my advice; I don't use it anyway.
> Problem with this otherwise extremely nice fellow is that he has
> trouble complying with rules, or telling the truth, or filing papers.
> Any papers. And, he's often lied to me and everyone else about such
> things.
Tell me the part about "extremely nice fellow" because I lost it by the
end of this paragraph. How exactly is somebody an extremely nice fellow
after all of that!
> ...he seemed to be filling out the family-based visa papers [but
> didn't]...
> ...From time to time I'd ask, and he's produce paperwork for me to
> sign [which I'd blindly sign without reading]....
> ...I felt we had both time and money enough to do whatever was
> necessary [I thought if I had enough money they'd make an exception]...
> ...I now also find that he neglected to file taxes for some number of
> years [which, being married I am also responsible for but I'll just
> sign what he brings me]...
> So...I now am broke and unemployed. All of my 401Ks and savings have
> been depleted.
How did that happen?
> ..he has hidden bills while saying they were paid [AKA stole] until we
> are now over $150K in debt, and I am seeking to file Chapter 13
> bankruptcy...and wondering what to do about his current immigration
> status, to boot.
Why the hell would you worry about the immigration status of a person
who has treated you this way? He shows no respect for rules, law or
others and no respect for the crappy situation he has put you into,
therefore no respect for you either.
> Understand, he's such a well-educated, quiet, and pleasant man. No
> gambling. Minimal drinking. No drugs.
No rules, no principals, no communication skills, no respect for others
and no love for you. Yeah a piece of work he is.
> If I decide that we should endevour to continue in this union...where
> the heck do I start?
Why the heck would you en devour to continue a relationship with such a
person?!? He appears to be poison.
> Any chance if I take over all our finances and his immigration
> paperwork that I can save this situation?
What fer?
> Actually, I feel seven long years of persistant neglect of all things
> important to a partnership may at this time mean that he is just plain
> not partner material.
Gee ya think!
And I'm not just talking about his neglect. You are responsible too!
There are many things in your story where you are as guilty as he is WRT
neglecting your obligations.
--
Take my advice; I don't use it anyway.
Feb 26th 2004, 8:35 pm
#11
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
Andrew DeFaria wrote:
> mtravelkay wrote:
>
>> 5. Criminal issues (I am not sure whether you are indicating that he
>> depleted your 401K or you did)..
>> How did you entire 401K get depleted? Withdrawals are generally
>> limited to a limited number of circumstances.
>
>
> It's your money and you can withdraw it any time you want, any number of
> times for whatever reason you want! There are, however, fines and
> penalties and you must claim it as income...
This is what my plan says.......
You will be eligible for a hardship withdrawal only if your financial
hardship relates to one or more of the following expenses:
* Purchase of your primary residence (excluding mortgage payments)
* Prevention of eviction from your primary residence or foreclosure
on a mortgage secured by your primary residence
* College tuition, related educational fees, and room and board
expenses for the next 12 months for you, your spouse, child or other
dependent; or
* Payment of medical expenses for you, your spouse, or dependents
which are deductible under the federal tax laws.
> mtravelkay wrote:
>
>> 5. Criminal issues (I am not sure whether you are indicating that he
>> depleted your 401K or you did)..
>> How did you entire 401K get depleted? Withdrawals are generally
>> limited to a limited number of circumstances.
>
>
> It's your money and you can withdraw it any time you want, any number of
> times for whatever reason you want! There are, however, fines and
> penalties and you must claim it as income...
This is what my plan says.......
You will be eligible for a hardship withdrawal only if your financial
hardship relates to one or more of the following expenses:
* Purchase of your primary residence (excluding mortgage payments)
* Prevention of eviction from your primary residence or foreclosure
on a mortgage secured by your primary residence
* College tuition, related educational fees, and room and board
expenses for the next 12 months for you, your spouse, child or other
dependent; or
* Payment of medical expenses for you, your spouse, or dependents
which are deductible under the federal tax laws.
Feb 26th 2004, 9:13 pm
#12
Forum Regular
Joined: Apr 2003
Posts: 49
Re: A Serious Immigration Situation with Canadian Husband
Originally posted by Andrew Defaria
mtravelkay wrote:
> 5. Criminal issues (I am not sure whether you are indicating that he
> depleted your 401K or you did)..
> How did you entire 401K get depleted? Withdrawals are generally
> limited to a limited number of circumstances.
It's your money and you can withdraw it any time you want, any number of
times for whatever reason you want! There are, however, fines and
penalties and you must claim it as income...
mtravelkay wrote:
> 5. Criminal issues (I am not sure whether you are indicating that he
> depleted your 401K or you did)..
> How did you entire 401K get depleted? Withdrawals are generally
> limited to a limited number of circumstances.
It's your money and you can withdraw it any time you want, any number of
times for whatever reason you want! There are, however, fines and
penalties and you must claim it as income...
Different 401(k) plans have different rules and some are more lenient than others.
Feb 26th 2004, 9:39 pm
#13
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
mtravelkay wrote:
>> It's your money and you can withdraw it any time you want, any number
>> of times for whatever reason you want! There are, however, fines and
>> penalties and you must claim it as income...
> This is what my plan says.......
> You will be eligible for a hardship withdrawal only if your financial
> hardship relates to one or more of the following expenses:
> * Purchase of your primary residence (excluding mortgage payments)
> * Prevention of eviction from your primary residence or
> foreclosure on a mortgage secured by your primary residence
> * College tuition, related educational fees, and room and board
> expenses for the next 12 months for you, your spouse, child or other
> dependent; or
> * Payment of medical expenses for you, your spouse, or dependents
> which are deductible under the federal tax laws.
Perhaps it's plan specific.
--
"Very funny, Scotty. Now beam down my clothes."
>> It's your money and you can withdraw it any time you want, any number
>> of times for whatever reason you want! There are, however, fines and
>> penalties and you must claim it as income...
> This is what my plan says.......
> You will be eligible for a hardship withdrawal only if your financial
> hardship relates to one or more of the following expenses:
> * Purchase of your primary residence (excluding mortgage payments)
> * Prevention of eviction from your primary residence or
> foreclosure on a mortgage secured by your primary residence
> * College tuition, related educational fees, and room and board
> expenses for the next 12 months for you, your spouse, child or other
> dependent; or
> * Payment of medical expenses for you, your spouse, or dependents
> which are deductible under the federal tax laws.
Perhaps it's plan specific.
--
"Very funny, Scotty. Now beam down my clothes."
Feb 26th 2004, 11:38 pm
#14
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
Tracy and Dave wrote:
> 'nother story).
>
> Different
> 401(k) plans have different rules and some are more lenient than others.
>
The important things to note.
A 401K is for retirement. You don't want to rely on SS for retirement.
If you take a "hardship" withdrawal, the withdrawal is taxable income
AND there is an additional 10 percent tax penalty. This also applies if
you fail to repay a 401K loan.
> 'nother story).
>
> Different
> 401(k) plans have different rules and some are more lenient than others.
>
The important things to note.
A 401K is for retirement. You don't want to rely on SS for retirement.
If you take a "hardship" withdrawal, the withdrawal is taxable income
AND there is an additional 10 percent tax penalty. This also applies if
you fail to repay a 401K loan.
Feb 27th 2004, 1:36 am
#15
Guest
Posts: n/a
Re: A Serious Immigration Situation with Canadian Husband
Tracy and Dave wrote:
> MY plan won't let me take money out for ANYTHING hardly! I called to
> find out about taking money out for a down payment on a house and they
> said that if I take a "Home Loan," it would just be for the cost of
> the down payment (no closing costs or any other fees) and I would need
> to send them a copy of the contract to prove the amount. I also spoke
> to them about a "hardship withdrawl" so I wasn't subjected to another
> loan and - are you ready for this? - I can only take a hardship
> withdrawl on funds that I put into my 401(k) AFTER taxes! I can't
> touch pre-tax funds unless I take a loan (seriously - ONLY as a loan -
> and I can only apply for one of them in a 12-month period and have 2
> loans outstanding at a time) or if I leave the company (and that's a
> whole 'nother story).
> Different 401(k) plans have different rules and some are more lenient
> than others.
I've touched my retirement a few times. First time for a 401(k) loan.
This was during my divorce from my first wife. They didn't ask any
questions, just gave me the money and I repaid it through payroll
deductions.
Next time I took out $10K toward the purchase of a first home. This is
allowed (federally I believe). Unfortunately round here in the Bay Area
$10K only gets you a bathroom if that! :-( But the additional $10K for
the down payment was helpful.
Finally I recently withdrew more. Again, no questions asked. But this
time it was from an IRA so I suspect that that is different. Still there
are penalties and the withdrawal was taxable.
--
Read my chips: No new upgrades!
> MY plan won't let me take money out for ANYTHING hardly! I called to
> find out about taking money out for a down payment on a house and they
> said that if I take a "Home Loan," it would just be for the cost of
> the down payment (no closing costs or any other fees) and I would need
> to send them a copy of the contract to prove the amount. I also spoke
> to them about a "hardship withdrawl" so I wasn't subjected to another
> loan and - are you ready for this? - I can only take a hardship
> withdrawl on funds that I put into my 401(k) AFTER taxes! I can't
> touch pre-tax funds unless I take a loan (seriously - ONLY as a loan -
> and I can only apply for one of them in a 12-month period and have 2
> loans outstanding at a time) or if I leave the company (and that's a
> whole 'nother story).
> Different 401(k) plans have different rules and some are more lenient
> than others.
I've touched my retirement a few times. First time for a 401(k) loan.
This was during my divorce from my first wife. They didn't ask any
questions, just gave me the money and I repaid it through payroll
deductions.
Next time I took out $10K toward the purchase of a first home. This is
allowed (federally I believe). Unfortunately round here in the Bay Area
$10K only gets you a bathroom if that! :-( But the additional $10K for
the down payment was helpful.
Finally I recently withdrew more. Again, no questions asked. But this
time it was from an IRA so I suspect that that is different. Still there
are penalties and the withdrawal was taxable.
--
Read my chips: No new upgrades!
