Tax evasion question

[Richard Alvarez]

I am a U.S. Citizen in the process of applying for a petition for a fiancé visa to marry someone from Spain. They have some income tax debt that they feel is ok to leave unpaid since they are moving to the U.S. to get married.

I am worried about this. Will they track him down once here to satisfy his debt? ans if so, will I become responsible for his tax debt once married?

Thank you.

[rayb]

Is the debt tax debt owed to a government entity in Spain? If so, and incurred by your fiancee, you have no legal obligation for the debt. In some countries, especially ones using Spanish legal systems, such obligations border on "estafa," fraud, and might affect the debtor's ability to get a police clearance or passport.

--Ray B

I am a U.S. Citizen in the process of applying for a petition for a fiancé visa to marry someone from Spain. They have some income tax debt that they feel is ok to leave unpaid since they are moving to the U.S. to get married.

I am worried about this. Will they track him down once here to satisfy his debt? ans if so, will I become responsible for his tax debt once married?

Thank you.

[Richard Alvarez]

Thank you for your response Ray B. Yes, it's government income tax debt. It's good to know that I will not be responsible but would they still come after him after he is living in the U.S. as a resident? It's not a lot of money. About $1,200.

[rayb]

Similar financial obligations cause serious legal problems in both Mexico and the Philippines. A bad check in Mexico can land somebody in jail. In the Philippines, something as simple as failure to make payments on an installment loan for a television set can result in a legal complaint that will show up on one's police record (NBI) when applying for a clearance to get a visa to the U.S.

In the U.S. if one receives a bad check (nonsufficient funds), most businesses will write these off for small amounts, as there are no real law enforcement options for taking action against the writers. My wife provided a notary witness to the wife of an incarcerated person at a local prison and the check, about $120, was "NSF." We had to write it off, as complaining to the police department or the bank of the writer's area would have provided no help or punishment at all.

If your fiancee can review her Spanish "Certificado de Antecedentes Penales" which can be ordered online, and there is no reference to the tax liability, she shouldn't have any trouble exiting the country with a U.S. visa.

--Ray B

Thank you for your response Ray B. Yes, it's government income tax debt. It's good to know that I will not be responsible but would they still come after him after he is living in the U.S. as a resident? It's not a lot of money. About $1,200.