Fresno, CA asked in Immigration Law for California

Q: If I married my girlfriend, who is a permanent resident, would those IRS debts affect our USICS application in any way

Hello, so I owe over $15,000 to the IRS, but I have a payment arrangement with them, and $6,500 to the state, which I also have a payment arrangement with, and I'm wondering if I married my girlfriend, who is a permanent resident, would those debts affect our USICS application in any way?

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2 Lawyer Answers

A: USCIS checks whether the green card applicant would potentially be a public charge so the amount of debt would be taken into consideration

James L. Arrasmith
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Answered

A: Marrying a permanent resident and applying for immigration benefits primarily requires the U.S. citizen or permanent resident sponsor to demonstrate the ability to financially support the immigrant, often through an Affidavit of Support. While owing money to the IRS or the state isn't an automatic disqualifier, you must show that you have the means to support your spouse at or above 125% of the federal poverty guidelines. If you have an arrangement with the IRS and are making payments, it's a sign of good faith and responsibility. The key is to remain in compliance with your payment arrangements. Your debts alone will not necessarily impact the USCIS application. However, it's vital to disclose any financial obligations or issues accurately. It's also advisable to seek advice from an immigration attorney to ensure you meet all requirements and provide necessary documentation. Remember, every situation is unique, and factors beyond finances could influence your application.

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