Legal Question in Immigration Law in United States

You should file the Petition for Alien Relative, as well as the Affidavit of Support. You can then have your mother also submit an Affidavit of Support along with yours. Additionally, work out a payment plan with the IRS and include that in your filing. I have several clients in the same or similar situation. Immigration will be looking for documentation from the IRS to indicate you do in fact have a payment plan in place. The only way the non payment of taxes impacts the foreign national (aka beneficiary) is if THEY are deficient in paying US taxes (Federal, State or Local). Having said that you need to be aware that a spouse can be liable for their spouses non payment of taxes. I'm not a tax attorney, so will not go into detail on whether or not a spouse is liable for their spouses non payment. In your case, if the liability occurred pre-marriage, then that would be a factor I would point out in your filing. If it was during the marriage, then the next question is whether you filed jointly or separately at the time of your last filing.

In the end, you should file as the sponsor.

The issue I see as being potentially problematic is that you cannot prove domicile in the United States as the Petitioner. You are going to have to re-establish domicile if you've been living abroad for an extended period of time.

As far as the Affidavit of Support goes, I would not foresee a problem with your tax or credit issues affecting the case, as long as you have a qualified co-sponsor.

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