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I-864 and unfiled tax returns

#1 Allen_Reed

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Posted 02 October 2013 - 01:33 PM

I'll just come out and say this: I have unfiled tax returns for 2011 and 2010.

 

My wife is from England and we are in the immigration nightmare currently. It's unbelievable, the tangled brush of bureaucracy. Currently, I have a good job, but I was on unemployment (in Texas) in 2010 and 2011, basically moving around a lot trying to find work. I am trying to get my late 1099 forms filed, so I used my mother as a joint sponsor on our I-864 file. She more than meets the requirements. I didn't realize that I still needed to file an I-864 in my own name, and we got a RFE (Request for Evidence) asking for my form. In the form, there is a tick box that says "I have filed a Federal tax return for each of the three most recent tax years. I have attached the require photocopy or transcript of my Federal tax return for only the most recent tax year."

 

So, I am going to rush to get my unfiled taxes taken care of, but my question is this: Will the fact that my taxes for the last three years are super late, or that I have an outstanding balance with the IRS, mean that our AOS petition will be denied? I don't know what I'd do if my wife were taken from me over something like this. unsure.png

 

Thanks for your answers,

Allen


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#2 FulanoDeTal

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Posted 02 October 2013 - 01:58 PM

Allen,

You really have two issues here: the IRS issue and the immigration issue. As to the IRS issue, if you were on unemployment in 2010 and 2011 I would assume that you are not liable for any additional income taxes. You're only required to file a return if you owe taxes or you want to collect a refund of overpaid taxes. You didn't mention your 2012 return, but assuming that you got an extension your 2012 return will be due on or before October 15, 2013, and your 2012 return should be the tax return that you include with the I-864. So go ahead and get your tax returns filed. Make sure you keep copies of all of your returns, W-2s, and 1099s, because with the government shutdown affecting the IRS as well it may be many weeks before you could obtain a copy of a tax transcript.

As far as the immigration issue goes, USCIS is only looking at your financial status, and is using the tax information to determine your income. USCIS doesn't care and has no jurisdiction over whether you filed your tax returns late, it just wants to see the financial information. If you have a tax due balance with the IRS that is large enough, the IRS could file a Notice of Federal Tax Lien against you, but at most USCIS would deduct the amount on the lien from your annual income for purposes of calculating your financial position.

The bottom line is that you will probably still need a joint sponsor, but based on the information you've given the additional work that you'll need to do to get current on your tax returns should not cause you problems with the IRS (assuming that you do not owe any additional income tax) or USCIS.
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#3 Allen_Reed

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Posted 02 October 2013 - 02:14 PM

Allen,

You really have two issues here: the IRS issue and the immigration issue. As to the IRS issue, if you were on unemployment in 2010 and 2011 I would assume that you are not liable for any additional income taxes. You're only required to file a return if you owe taxes or you want to collect a refund of overpaid taxes. You didn't mention your 2012 return, but assuming that you got an extension your 2012 return will be due on or before October 15, 2013, and your 2012 return should be the tax return that you include with the I-864. So go ahead and get your tax returns filed. Make sure you keep copies of all of your returns, W-2s, and 1099s, because with the government shutdown affecting the IRS as well it may be many weeks before you could obtain a copy of a tax transcript.

As far as the immigration issue goes, USCIS is only looking at your financial status, and is using the tax information to determine your income. USCIS doesn't care and has no jurisdiction over whether you filed your tax returns late, it just wants to see the financial information. If you have a tax due balance with the IRS that is large enough, the IRS could file a Notice of Federal Tax Lien against you, but at most USCIS would deduct the amount on the lien from your annual income for purposes of calculating your financial position.

The bottom line is that you will probably still need a joint sponsor, but based on the information you've given the additional work that you'll need to do to get current on your tax returns should not cause you problems with the IRS (assuming that you do not owe any additional income tax) or USCIS.

 

Man, THANKS A LOT for that answer. I will likely owe for 2010 and 2011 (I owe for 2012 as I work as a contractor and have to file 1099's every year), but I figure that's something I will need to hash out with the IRS in their time, on their terms. I certainly haven't had a lein filed against me. I will likely owe less than $5,000 total. When I send off the stuff for this RFE, I will include my 1099's for the last three years, as well as my actual 1040's, so hopefully I won't need a transcript. I've been wanting to get this handled and immigration has become the kick in the pants I needed. I shall forge ahead and retain my optimism as best I can.


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#4 FulanoDeTal

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Posted 02 October 2013 - 02:25 PM

Good, get those returns filed. Unfortunately, if you owe taxes the unfiled return penalty is pretty stiff. Once the returns are filed and the exact amount due is known, you should be able to easily get an installment agreement if the total amount owed is in the range you're talking about. I don't think they ordinarily file liens for less than $10,000 unless there are extraordinary circumstances involved. Good luck and hang in there!
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#5 Harpa Timsah

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Posted 02 October 2013 - 02:35 PM

USCIS does care if you file your taxes.  They are not completely separate issues.  USCIS requires that all sponsors (even those that don't qualify on their own) have filed their taxes.  If you have not and were required to, then you cannot be a petitioner and your wife cannot immigrate to the US.  They don't not care if they were filed late, though.  File them now. You will also need to include receipts of filing since you are doing it right now and it will not check out in their system.


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AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#6 Allen_Reed

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Posted 02 October 2013 - 02:38 PM

USCIS does care if you file your taxes.  They are not completely separate issues.  USCIS requires that all sponsors (even those that don't qualify on their own) have filed their taxes.  If you have not and were required to, then you cannot be a petitioner and your wife cannot immigrate to the US.  They don't not care if they were filed late, though.  File them now. You will also need to include receipts of filing since you are doing it right now and it will not check out in their system.

 

Thank you, I will include the receipts as well.


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#7 JulieandDanny

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Posted 10 February 2014 - 06:24 PM

USCIS does care if you file your taxes.  They are not completely separate issues.  USCIS requires that all sponsors (even those that don't qualify on their own) have filed their taxes.  If you have not and were required to, then you cannot be a petitioner and your wife cannot immigrate to the US.  They don't not care if they were filed late, though.  File them now. You will also need to include receipts of filing since you are doing it right now and it will not check out in their system.

Harpa- I know I am resurrecting a slightly old post but I'd like to clarify...

 

I am currently about to file the I-129f packet.

 

I am the petitioner and am in the process of rectifying some issues with my tax returns currently with the help of an accountant...

(I discovered responsibility to file based on foreign income only recently...

unfiled 2010 recently discovered needed to report foreign income,

2011 filed incorrectly sending 1040x correction to income,

unfiled 2012 recently discovered needed to report foreign income)

My 2013 taxes will be filed on time...

 

I asked on the forum about this and was told that for the first stage this was not USCIS' concern-- i.e. it would only be important or looked into when we got to the the I-134 affidavit of support stages- by which time things should be registering in the system and filed... and on their way to being rectified...

I really want to go ahead and file the first stage (I-129f) as soon as possible to get things started.

 

Was this incorrect advice to your knowledge?


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#8 aleful

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Posted 10 February 2014 - 06:28 PM

Harpa- I know I am resurrecting a slightly old post but I'd like to clarify...

 

I am currently about to file the I-129f packet.

 

I am the petitioner and am in the process of rectifying some issues with my tax returns currently with the help of an accountant...

(I discovered responsibility to file based on foreign income only recently...

unfiled 2010 recently discovered needed to report foreign income,

2011 filed incorrectly sending 1040x correction to income,

unfiled 2012 recently discovered needed to report foreign income)

My 2013 taxes will be filed on time...

 

I asked on the forum about this and was told that for the first stage this was not USCIS' concern-- i.e. it would only be important or looked into when we got to the the I-134 affidavit of support stages- by which time things should be registering in the system and filed... and on their way to being rectified...

I really want to go ahead and file the first stage (I-129f) as soon as possible to get things started.

 

Was this incorrect advice to your knowledge?

 

hi

 

the i134 is presented at the interview, so do it now so everything is amended


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#9 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 10 February 2014 - 06:34 PM

Harpa- I know I am resurrecting a slightly old post but I'd like to clarify...

 

I am currently about to file the I-129f packet.

 

I am the petitioner and am in the process of rectifying some issues with my tax returns currently with the help of an accountant...

(I discovered responsibility to file based on foreign income only recently...

unfiled 2010 recently discovered needed to report foreign income,

2011 filed incorrectly sending 1040x correction to income,

unfiled 2012 recently discovered needed to report foreign income)

My 2013 taxes will be filed on time...

 

I asked on the forum about this and was told that for the first stage this was not USCIS' concern-- i.e. it would only be important or looked into when we got to the the I-134 affidavit of support stages- by which time things should be registering in the system and filed... and on their way to being rectified...

I really want to go ahead and file the first stage (I-129f) as soon as possible to get things started.

 

Was this incorrect advice to your knowledge?

This thread was in the context of AOS from within the US and you are asking about I-129F for a fiance visa.  You can file the I-129F now but you will need your taxes sorted for the interview (and certainly for the AOS once your fiance is in the US, which is filed with USCIS).  The advice you got was correct for your situation.


  • 1

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#10 JulieandDanny

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Posted 10 February 2014 - 06:39 PM

Thanks for the clarification and sorry for the small panic Harpa, and thanks aleful... I will have things sorted by then.

Your input is greatly appreciated.


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