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DEMEANOUR · Aug 7, 2009, 09:47 AM

Hey

I hope someone can help me :(

Im 23 years old and since I left school I have been working for a guy who was paying me my wages without paying tax for me. I won't lie, I kind of knew this but did nothing about it. The problem is now I am in a long distance relationship with an american and we want to get married through the k1 visa. On the biographic sheets it asks for employment history and I don't know what to put down on them or what to do... I believe that if I put unemployed then I could be banned from the US for lying or deported if I got my visa.

Please help.

DCcityboy · Aug 7, 2009, 11:53 AM

Where were you working, in the US or outside the US? Listing where you worked, regardless of the employer paying taxes, is not going to affect your application.

I may not be understanding your question, please provide more detail.

DEMEANOUR · Aug 7, 2009, 04:43 PM

Originally Posted by DCcityboy

where were you working, in the US or outside the US? listing where you worked, regardless of the employer paying taxes, is not going to affect your application.

i may not be understanding your question, please provide more detail.

I was working in England. Surely if you put down your employment history the US authorities will investigate to see if I have paid tax...

DCcityboy · Aug 7, 2009, 06:39 PM

Generally not. It is not a violation of US law. I would be sure not to misrepresent on the USCIS and DS forms. It seems as if the liability is on the employer as well. The USCIS is concerned with your petitioners tax filings.

DEMEANOUR · Aug 7, 2009, 07:20 PM

Originally Posted by DCcityboy

generally not. it is not a violation of US law. I would be sure not to misrepresent on the USCIS and DS forms. it seems as if the liability is on the employer as well. the USCIS is concerned with your petitioners tax filings.

Isn't tax evasion a crime of moral turpitude? Couldn't I just say I was unemployed? How would anyone know?

DCcityboy · Aug 8, 2009, 06:20 AM

U.K. tax evasion not likely to be determined to be a US CIMT, you are over-analyzing the case. If you don't list your actual employment, taxes or not, that is a much more clear misrepresentation to the USCIS, made under penalty of perjury, allowing the officer a clear reason for denial.

Answer truthfully, there are waivers for most civil violations and many criminal violations. Let the U.K. taxing authorities do their work, you fill out the forms truthfully and answer any questions truthfully. You should be approved.

DEMEANOUR · Aug 8, 2009, 07:05 AM

Wouldn't I get into legal trouble? Or my employer? Plus, if I put down on the forms that I was working then they run that in my background check and it shows I have no tax history or history of working then wouldn't that be a red flag?

DCcityboy · Aug 8, 2009, 09:02 AM

The USCIS doesn't typically check the taxing authorities of other countries. This isn't a criminal violation that would put you on the Interpol list.

You are clearly concerned about this. I advise you to consult with an experienced US immigration attorney, there are a lot in the UK (London) and Scotland (Aberdeen). Good luck!

DEMEANOUR · Aug 9, 2009, 05:04 AM

Yea. But I still don't want to get myself or my employer into trouble if I put this down.

Any names of attorneys? Would they do consoltations over the phone?

DCcityboy · Aug 9, 2009, 06:24 PM

Again, the information is being provided to the USCIS, not the taxing authority that has the enforcment jurisdiction over your UK civil violation.

DCcityboy · Aug 9, 2009, 06:27 PM

Originally Posted by DEMEANOUR

yea. But I still don't want to get myself or my employer into trouble if I put this down.

Any names of attorneys? Would they do consoltations over the phone?

Again, the information is being provided to the USCIS, not the taxing authority that has the enforcement jurisdiction over your UK civil violation. Please note that your affirmative non-disclosure is clearly a violation of US immigration law as you are signing under penalty of perjury.

Good luck!

DEMEANOUR · Aug 10, 2009, 04:14 AM

OK, but wouldn't the USCIS contact my employer? Surely the USCIS would use UK databases and Government agencies while running background checks yes?

Thanks

DCcityboy · Aug 10, 2009, 08:17 AM

They don't, privacy laws regarding civil government agencies. But you clearly are uncomfortable with your situation.

I suggest you file and pay all back taxes, accrued interest and penalties. pay all you owe now, that gets you right with the UK and you can then list the employment on your forms and you can truthfully answer that you owe no taxes, that keeps you right with the USCIS.

DEMEANOUR · Aug 10, 2009, 09:46 AM

Originally Posted by DCcityboy

Again, the information is being provided to the USCIS, not the taxing authority that has the enforcement jurisdiction over your UK civil violation. please note that your affirmative non-disclosure is clearly a violation of US immigration law as you are signing under penalty of perjury.

good luck!

You mean if I lied on the forms and said I wasn't employed or if wasn't to sort out my tax problem?

DCcityboy · Aug 10, 2009, 11:24 AM

If you lie regarding employment on the USCIS forms and sign under penalty of perjury, that is a grounds for denial of your permanent residence.

Your choice, pay back taxes and then include the employment information on the USCIS forms (see previous postings). That way the UK is fine and US is fine. Good luck.

DEMEANOUR · Aug 18, 2009, 04:02 PM

Oh yea. I knew that. I would never lie on the forms I just needed information on what to do in my situation. Thanks