Legal Question in Immigration Law in California
Taxes and Sponsership
will owing taxes prevent me from sponsering my overstayed-new canadian significant other?
4 Answers from Attorneys
Re: Taxes and Sponsership
Probably not, but this matter can quickly become complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: Taxes and Sponsership
No, it should not. You must meet the 125% poverty guidelines and provide proof of that in the form of tax return(s). Sometimes one return is sufficient if the income level is high enough. Upon sponsorship, I believe it is important for aliens who are required to pay taxes pay them. There is a fair amount of discretion in immigration law and payment of taxes is one positive discretionary factor for granting immigration status to aliens. But it is not required of the U.S. sponsor. Only meeting the requirement of the Affidavit of Support, ie, domicile in the U.S. and meeting of the poverty guideline requirement is all that's needed of the U.S. petitioner.
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Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
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Re: Taxes and Sponsership
No. The affidavit focuses on the sponsor's current income, which must be 125% above the poverty guideline, and/or liquid assets. If based upon assets, the equity less debt must be 5 times the poverty guideline.
Owing back taxes, having a bankruptcy, etc. are issues not addressed in the I-864 Affidavit of Support.
Re: Taxes and Sponsership
No, provided you show evidence you are trying to pay them and you have sufficient income to support your significant other.