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cldsouza74

I owe IRS back taxes, my wife does not, will this affect her N-400 application

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Filed: K-1 Visa Country: El Salvador
Timeline

Dear Visa Journey Community,

This is actually the first time I have posted a question.

Let me start by stating how grateful we are for this resource. It has helped us through the entire process of bringing my wife here on K-1 visa, AOS, Greencard etc. Well we are ready to apply for her citizenship now.

Basically the short story is, I owe back taxes for years 2006, 2009 and am in a IRS approved payment agreement with them. My wife came here in 2010 and we starting filing joint since then.. I was unemployed due to a layoff until the start of 2011 so we actually did also owe on that year(2010) until I paid it off in full recently. So basically we own nothing(zero) to the IRS for all the years she has been here in the US 2010,2011,2012 and 2013(just filed).

One concern is that at the time of our installment agreement was made with the IRS both our names appeared on it, since it was for tax years 2006,2009 and 2010. Not sure if that would cause any problems?

I believe I can answer "NO" to the question on the N-400 regarding owing money to the IRS since the question pertains to only her. I just want to confirm this is the case.

Hoping someone more knowledgeable than myself can help me confirm.

Best Regards

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Filed: Timeline

I wouldn't be so sure. If both your names are on the installment agreement, both of you are responsible individually for the amount owed. So, technically, she owes taxes. Since you have an installment agreement, that will not be an issue as long you are current with your payments.

Edited by The Postmaster
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  • 4 weeks later...
Filed: K-1 Visa Country: El Salvador
Timeline

Thanks for the replys. I did call the CIS and confirm that if I my wife does not own any money for the years we filled joint. I can answer 'No' to the questions.

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