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Ben_R

I-134 IRS related question ..

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Filed: Timeline

Hello all, this would be my 1st post, but before I do let me thank you all for the amount of help you've been within the forums. A ton of questions we've had have been answered, and we feel so much more comfortable knowing we're about to start the K-1 visa relatively soon! :)

Okay, a little background if that would help, and I'll keep this short as can be; my fiance' in Canada and I are going to start the K-1 process by the early part of 2017; our particular case is very straight-forward, as in there's no troubling legal past on either of our parts, we have all the documented trips we've taken along with logs of conversations from the proof or relationship standpoint, and know each other extremely well by this point so the interview-step has (in our minds) gone from daunting and scary to reasonable and no problem.

The one point of concern I have is regarding the I-134, I make enough to cover the Poverty requirements so that's not an issue, but the biggest hurdle we will face is my tax returns from previous years, if my understanding is correct we will need 2 years of my past returns as part of the proof. Therein lies my issue, I have 2015 taxes unfiled as of this point, so to remedy the situation I called in to the IRS to see what I owe, and that way we can get that year's filed info provided. Good news: the amount owed is not too much and I can pay that and have these forms for that year provided by the time we 'pull the trigger' on starting our process. The BAD news is during a rough patch a few years back where I failed to file (amounts to 4 total years) has now been brought to their attention and they would prefer me to file all past years and create a payment plan to owe any outstanding taxes. I'm at the point where I don't want the IRS lingering over my head (who does?!) and/or causing any delay or issue with our Visa process, specifically the Affidavit Support form.

My question is this, and whether you have expertise in this or not I appreciate all input; Would it be smarter to file last years taxes and pay the amount owed immediately so that I have 2015 and (soon to be) 2016 returns available? Or .. Would it work if I filed all previous years' taxes and created a payment plan with the IRS, with supporting documentation that a plan is in place to cover the past amounts owed?

Again, thanks for all the previous help, I intend on keeping updates going for those who are interested, and any and all help is appreciated! Should you need any additional info, please let me know. :)

Thanks,

-Ben

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Filed: Citizen (apr) Country: Mexico
Timeline

For the I-134, you just need the most recent tax return and proof of current annual income via a letter from employer and/or recent pay stubs. If you are self-employed, then you will just use tax returns, and need to have line 22 of your most recent 1040 at or above the income requirement.

When it comes time to file for AOS after you are married, then you will need to supply an I-864 and have the last 3 years of taxes filed or a statement as to why you were not legally required to file any of the last 3 years you did not. Since you were required to file, you will need to file your back taxes As long as you are on a payment plan with the IRS, there should be no issues there.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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