Need a little help!

I am brazilian and married an american man 2.5 years ago, and didn't file anything yet because we knew we wouldn't be able to afford it, and since I have been a Stay At Home Mom, we didn't really worried about it all that much. Well, I really need to get my situation taken care of but I'm affraid to start doing it for 2 reasons: It has been more then 2 years since we've got married and my husband hasn't file his tax return papers for the last 3 years (very, very long story, but he didn't even make enough to worry about it, and we can't even remember all the little places he worked at). The thing that makes me hopeful is that his parents are willing to help by becoming joint sponsors, and since they have lots of properties and are doing really well financially I think that is a good thing.
Can anyone help??? I really appreciate any help, and do apologize for the long message ...
Thank you so much!!! Ana.

I am brazilian and married an american man 2.5 years ago, and didn't file anything yet because we knew we wouldn't be able to afford it, and since I have been a Stay At Home Mom, we didn't really worried about it all that much. Well, I really need to get my situation taken care of but I'm affraid to start doing it for 2 reasons: It has been more then 2 years since we've got married and my husband hasn't file his tax return papers for the last 3 years (very, very long story, but he didn't even make enough to worry about it, and we can't even remember all the little places he worked at). The thing that makes me hopeful is that his parents are willing to help by becoming joint sponsors, and since they have lots of properties and are doing really well financially I think that is a good thing.
Can anyone help??? I really appreciate any help, and do apologize for the long message ...
Thank you so much!!! Ana.

You knew that you couldn't "afford" to file your INS papers, so you didn't. You also knew that babies are expensive and that you should wait to have them, but you did. You knew that it's against the law not to file tax returns, but you didn't.

Now, you sense that you could be in some trouble and your record with the INS will not be clean, and you're probably right.

Hi. Not filing taxes can be a big problem. However, there are certain amounts of income for which it is not required. For example I only made $1500 one year, I would have gotten about 100 back, but it wasn't really worth my time, so I didn't file, nor was I required to by law. I am not sure what the cut off point is, but I would imagine that if you file taxes and the IRS therefore has to give money back, they are not as concerned as if you owe them money. Assuming that the work that was done was legal and he was issued W-2, the IRS will have a record of his earnings! You should call the IRS and see how much he made, and whether he was required to pay taxes during those years.... if not then you could probably put a letter explaining why taxes were not paid and why so little money was earned in your application. If he should have been paying taxes, you are still able to file taxes for up to three years, you can attempt a late filing and see if that will help you. Either way I imagine (but could be wrong) that as you have been here illegally for some time (due to not filing papers) a wavier will be necessary. In this case showing your good morality, etc. is pretty important, having filed your taxes, or at least being able to explain that you did not file them because it was not required by law, would help to show this.

If your husband worked in many places in a year, all the employers suppose to file a tax witholding to the IRS. and your husband should received W2 ( end of the year).W2 will be send to the last known address. He might have all that which enable him to file taxes. He should file taxes based on whatever he has earned. no matter if its One dollar or more. He can file back taxes.

Now tell us how you entered in the country ete. someone from this board will suggest you what to do.

You are in a very dangerous situation being out of status and if INS comes to know that you may be DEPORTED! I am offering this not to stress you out but to emphasize how important to you and your family it is to move FAST. You did not say so but I am assuming that you at least enterred the US legally. If so, you can apply for AOS (Adjustment of Status) based on marriage to a USC - you can get the package from your local INS office. Your primary sponsor must always be your spouse and his parents will be co-sponsors - you will find all the necessary forms in the package. Your husband can file late tax returns retrospectively if he can afford the fine and the time - he will have to contact all his previous employers for the W2 forms for the last 3 years. Or, if he is SURE that he has earned less than $7000 per year, he can explain on a separate sheet of paper attached to the Affidavit of Support that he had not filed tax returns due to insufficient income (to be sure about the exact income in his situation for which IRS does not require filing of tax terurns he needs to go to their web site and check it out). When you file for AOS and receive their receipt notice you will know that you are protected by the law and can stay here legally while your application is pending, but do not leave the US for any reason because you will be barred for re-entry for 10 years.
If you entered the country illegally you must see a lawyer to determine if you are eligible for a waiver (extreme hardship for your USC spouse).
Good luck and keep us posted.

Thank you so much for all the help. I am very glad I found this site.
Well, I entered the country as a tourist, and everything was legal but I should only have stayed for 6 months. I met my husband a few months after visa was expired and we got married about a year after.
We believe that husband didn't make enough money in previous 3 years, I just wanted to find the best way to say that and get my in-laws there as co-sponsors, which they offered to do.
I didn't think that I would be deported, since I am married and we have kids (husband has custody of his 2 kids from previous marriage).
I'm going to be searching for more info, and I do appreciate from my heart for any help here. You guys are great!!
Ana

You entered and inspected. Let your husband file I-130 form with appropriate fees and when its approved then file I-485, G325A, I-864 and I-864A .
You can file these forms concurrently if you want but it (i-485) will not be processed until I-130 approved.
He has to file tax return and You can have your In-Laws as your Co-Sponsor. Thats the first step he has to do.

Hang in there, Anita! Hope everything turns out really well for you and all!

Thank you Mohan, Thank you LaDaTerrinha. I have been reading this discussion board and yesterday I read the one about being deported and how jail is like and all that. I was so scared, I couldn't sleep. We're going, here in the house, trhough a very difficult moment right now, when my husband was just "burned" by his partner. His parter in business plus the guys that worked for him were all friends or at least we thought they were, so this has been something that there are no words to explain. So, with that, plus what I read yesterday, I got a little sick, and almost let deppression take over me, but thought of my kids seeing that, is enough to make me get up and try to find solutions, right?!?
Anyways, thank you so much for the help and support.
Aninha