Legal Question in Immigration Law in Florida

Canadian wishes to marry LPR who has never filed taxes and apply for sponsorship

I am a Canadian citizen who wishes to immigrate to U.S. My potential sponsor is my fiance who has never filed income tax. My current husband is a Canadian residing in Canada who I have had no contact with for 4 years. I have been residing in Florida on and off for the past 4 years renewing my visitors visa each time I enter the U.S. and earning my income in both Canada and the U.S. by selling goods on eBay. How illegal am I? Does the U.S. government require that I collect and submit tax and if so would I not have to be a U.S. citizen first? Where should I initiate divorce proceedings? What is the best route to immigration?


Asked on 5/02/03, 10:39 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Canadian wishes to marry LPR who has never filed taxes and apply for sponsor

Marrying an LPR who has never filed taxes is not going to help you with becoming an LPR. First of all, the quota back log is more than 5 years. Second, when you adjust your status, your sponsor would have submit his last 3 years of tax retuns as part of the process.You should contact an accountant about your tax situation ASAP. You are liable for taxes for money earned in the US regardless of your immigration status. You can apply for a taxpayer ID number to file taxes even though you can't get a Social Security Number.

As to where you should initiate divorce proceedings, you should contact divorce lawyers in Florida and Canada who will evalaute your situation and will be able to advise you.

Unless your fiance decides to file his back taxes for 5 years, and is able to naturalize because he has been a LPR for 5 years, he can't help you.

You haven't presented enough details about your back ground to determine if there is any other way you can become an LPR.

How illegal are you? If you live in the US more than 6 months and earn money here, you are violating your visitor's status.

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Answered on 5/02/03, 11:08 pm


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