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Sylena

Stuck on tax returns

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Hi All

My fiance and I have finally agreed that it would be easier for me to move to the US where he has a well-paying job instead of him moving down here to NZ where job prospects in his field are far and few in-between. After a bit of research and talking to family and friends, we're applying for the K-1 visa and K-2 for my son.

The problem that we are encountering however, is that my darling better half has not filed a tax return in the past 4 years <_< . I've read different stories about only needing to show tax returns on the application if you are self employed. Others says no, any type of employment needs to show tax returns.

Which is the actual reality? And if it is any employment needing tax returns, how can we go about showing his income when he cannot produce tax returns?

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Hi All

My fiance and I have finally agreed that it would be easier for me to move to the US where he has a well-paying job instead of him moving down here to NZ where job prospects in his field are far and few in-between. After a bit of research and talking to family and friends, we're applying for the K-1 visa and K-2 for my son.

The problem that we are encountering however, is that my darling better half has not filed a tax return in the past 4 years <_< . I've read different stories about only needing to show tax returns on the application if you are self employed. Others says no, any type of employment needs to show tax returns.

Which is the actual reality? And if it is any employment needing tax returns, how can we go about showing his income when he cannot produce tax returns?

he should file for the last 4 years unless he had a valid reason for not doing so. Problem solved.

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This could be a big issue that needs to be sorted asap.

Make him go on this website--> http://www.irs.gov/taxtopics/tc153.html

And click on "do I need to file a tax return" and answer the questions.

Do this before you even consider that it's a no.


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Yes, showing that he filed tax returns is a requirement. Now he needs to file for the past years and pay any tax if owed along with interest and penalty. If it is a substantial amount owed and he is unable to pay then he can provide a letter from the Internal Revenue Service stating that he has a payment plan in place.


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Is he self employed?

You need to look at the requirement for both the I 134 and I 864.

There are essentially tow obligation, to file your taxes to show that you have been a good boy and to currently make enough to meet the sponsorship requirements.


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He needs to catch up.

Most employees get money back.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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No he's employed through a US-wide company. He just didn't bother filing his returns.

Tell your boyfriend one of the following situations applies to him

1. He is stealing money from the government.

2. The government is stealing money owed to him.

He needs to file his taxes.

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No he's employed through a US-wide company. He just didn't bother filing his returns.

Then he will need to file any back taxes. While it can be possible for people to get approved for a K-1 visa without presenting taxes with the I-134, it is absolutely not possible to file the I-864 for adjustment of status once you are married without having filed. If you were required to file for any of the last 3 years and did not, then you need to do so. You must list the last 3 years tax info on the I-864 form and submit the most recent return with it. If you did not file any of those years, you must include a statement as to why you were not legally obligated to file.


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No he's employed through a US-wide company. He just didn't bother filing his returns.

This make zero sense. Taxes are not like doing the dishes, Something does not jive with the story he is telling you.

You need to do a lot more investigation into his personal finance

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This processing will go nowhere until he files back taxes ASAP.


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This make zero sense. Taxes are not like doing the dishes, Something does not jive with the story he is telling you.

You need to do a lot more investigation into his personal finance

I would advise against doing "a lot more investigation" unless you have other reasons to be concerned. In some ways, not filing tax returns is a lot like letting dishes pile up in the sink. I've been in the position of this woman's fiancee where through sheer laziness, I blew off filing returns for around 4 years. The IRS doesn't seem to get too concerned unless through their own internal calculations they feel there are taxes owed from insufficient withholdings. Eventually I walked into an IRS office and reviewed my history and discovered I had no taxes owed. I probably lost out on a few hundred dollars of refunds. I've now filed for around 10 yrs in a row. And no, I don't expect a medal. :)

Good luck!


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Random quote from the web so you know who are dealing with "Taxpayers who continue to not file a required return and fail to respond to IRS requests for a return may face a variety of enforcement actions, including penalties and/or criminal prosecution. Not paying your taxes will warrant stiff penalties and interest, resulting in an ongoing, and very expensive, relationship with the IRS."

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