Tax filed but not paid. Does this matter?

[Ktone 14]

Hello,

My USC husband filed tax returns in 2012, 2013 and 2014 but has not paid what he owed at all. I-864 instruction says "If you were required to FILE a Federal income tax return during any of the previous three tax years but did not do so" blah blah, so I wonder whether he still needs to submit IRS-generated tax return transcript documenting his LATE FILING before submitting the I-864.

My concern here is the timeline of his payment. He owes quite much and we don't have such huge amount to pay all immediately. If we're required to pay all tax he owes before submitting I-864, my OPT will be most likely to expire before we can submit all documents, which means I have to give up the job offer I have in front of me (the company doesn't sponsor visas). What's the best solution for us?

[dwheels76 5,459]

Hello,

My USC husband filed tax returns in 2012, 2013 and 2014 but has not paid what he owed at all. I-864 instruction says "If you were required to FILE a Federal income tax return during any of the previous three tax years but did not do so" blah blah, so I wonder whether he still needs to submit IRS-generated tax return transcript documenting his LATE FILING before submitting the I-864.

My concern here is the timeline of his payment. He owes quite much and we don't have such huge amount to pay all immediately. If we're required to pay all tax he owes before submitting I-864, my OPT will be most likely to expire before we can submit all documents, which means I have to give up the job offer I have in front of me (the company doesn't sponsor visas). What's the best solution for us?

Him owing has nothing to do with it. He filed thats what matters. No you are not required to pay off your taxes . You filed you put the income on the lines mentioned.

[novedsac 355]

Him owing has nothing to do with it. He filed thats what matters. No you are not required to pay off your taxes . You filed you put the income on the lines mentioned.

True for immigration.

However, while not within the question of the OP, please do take care to understand exactly what the IRS obligation is and whether there is a payment plan in place with the IRS and how this will affect your relationship together in the future. IRS will get their taxes due … with punishing effect. Dealing with the IRS on a bad day will make USCIS look like child's play.

[Ktone 14]

Thank you for your comments. It's great to know that what really matters is whether filed or not... Of course, I'll have him pay for unpaid taxes anyway

[dwheels76 5,459]

True for immigration.

However, while not within the question of the OP, please do take care to understand exactly what the IRS obligation is and whether there is a payment plan in place with the IRS and how this will affect your relationship together in the future. IRS will get their taxes due … with punishing effect. Dealing with the IRS on a bad day will make USCIS look like child's play.

True that. Oh Lord I know too well still paying my 2009 off.

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration.

[belinda63 2,981]

Understand that once you marry if you ever become due any refund the IRS will take it if he still owes taxes. This means you could end up paying his tax debt. Also they can garnish wages and place liens on property.