I thought I read here where someone's approval was held up because of "unpaid taxes"...Is that possible? Do they search the tax records of the US citizen for unpaid taxes?
Anyone know anything?



I-130 Timeline:
2/14/07...married (Valentine's Day)
4/03/07...mailed I-130 to TSC
4/21/07...I-797C NOA received
4/24/07...Check cashed
7/12/07...Received email saying "I-130 Approved"


I-129F Timeline:
4/23/07...mailed I-129F to Chicago
5/01/07...received NOA1 (dated 4/27/07)
5/03/07...touched
5/11/07...transferred to CSC
5/16/07...Received NOA1
6/04/07...touched (email saying Case is now pending)
6/05/07...touched
6/06/07...touched

The failure to file a tax return could delay visa issuance until the return is filed but to my knowledge unpaid taxes are not an issue. One could file returns without paying. That's between you and the IRS.

I believe you are referring to Consolemaster. He posted somewhere on VJ that his petitions had not been approved by CSC because of unpaid taxes.

I don't know who he is referring to but some would equate unpaid taxes with unfiled returns. They are not the same thing. This is another example of where precise terminology is important in order to avoid confusion or misinformation. On the other hand, if there's federal arrest warrant for tax evasion, that could stop a petition cold. Those are pretty rare.

As long as you have filed a Tax Return you are ok..... if you owe money to IRS for taxes that is between you and the IRS.... USCIS are looking for filed returns...


Kez

Yep, a warrant would be a problem. The IRS will not share information on unpaid taxes with other government agencies until it is at an advanced stage of failed collection, so if you haven't paid taxes owed in the past year or so, you should be okay as far as petition approval goes as long as you filed (which USCIS wants to see and gets from you in the form of 1040 + W2 and 1099 copies or transcripts, not directly from the IRS).

What if you didn't file because you didn't owe any money?

That is not the criteria for not filing a return. If you don't owe them money, maybe they owe you money.

You are required to file a return if you earn over a certain amount for your situation.

I phrased it badly. What if you didn't file because your income was too low to require filing?

Hi Kathryn,
I you weren't require to file, you will be ok. You just have to explain that you weren't required to file. For a married person the minimum earning would be 16,900. If you made enough in a foreign country to be required to file (I know that this isn't your situation, but for those who go to live with their SO and work while awaiting adjudication), you would file an attached Form 2555 to exempt the first 82,400 from US taxes.

Thank you urge! Always a treasury of information... I love it.

They are likely to ask why there are no returns. When the answer is, "I didn't have to file because my income was too low." they are likely to want some supporting documentation. Evidence you lived abroad or statements of income showing it was below the filing threshold are most desireable.