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deborahcb

Failure to pay taxes and AOS

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Hello, I've been living here as an Au Pair (J-1) for the past 1,5 years. My program is going to be terminated soon (6 months sooner than expected actually for medical reasons) and I'm looking for ways to stay since I really want to build a life here. I've had a boyfriend for the past 6 months, but we have been instant best friends since I arrived here in mid 2015. So, we might get married soon so that I can apply for an AOS (probably to IR1/CR1) and stay here with him. My question is regarding my taxes though. Since I have been working here in the US, I was required to pay taxes in 2016 and now again in 2017. However, in 2016 I ended up not doing that since I kinda let it slip, and I've heard that I could do both of them on my second year on the J-1. However, with this unexpected termination of my program, I don't know if I'll have time or money to pay 1,5 years of taxes before applying to my AOS. I'm just worried that this could damage my chances of getting the AOS though. Has anyone been through something similar or has any information/advice to what I should do?

 

Thank you!

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hi

your not paying taxes is irrelevant for adjustment of status

 

on the other hand, you always can do a payment plan with the IRS

 

I was employed as a subcontractor for many years and have been on a payment plan for 3 years. the minimum is $25 a month that they tale out of your account, now they take out $50 a month, so you can do the same

 

 

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1 hour ago, deborahcb said:

I was required to pay taxes in 2016 and now again in 2017. However, in 2016 I ended up not doing that since I kinda let it slip

so you want the us government to give you an immigration benefit but can't be bothered to pay the taxes to the country you are living in? does this sound like something that would be in the interest of people of the us for them to allow?

 

pay your taxes even late and if needed get on a paymentv plan with the irs. then submit your aos paperwork.

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1 hour ago, f f said:

so you want the us government to give you an immigration benefit but can't be bothered to pay the taxes to the country you are living in? does this sound like something that would be in the interest of people of the us for them to allow?

 

pay your taxes even late and if needed get on a paymentv plan with the irs. then submit your aos paperwork.

Taxes will be taken into account for the I-864 purposes, but otherwise they do not have impact on your AOS application. Your personal opinion on what the government should or shouldn't be counting, or what applicants should or shouldn't have to do first, is not relevant to the question asked. OP can apply for AOS first just fine.

 

Back and unfiled taxes will be taken into account for naturalization purposes later, so it's best to get it straightened out as soon as you can. As others noted, you can do a payment plan.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, f f said:

so you want the us government to give you an immigration benefit but can't be bothered to pay the taxes to the country you are living in? does this sound like something that would be in the interest of people of the us for them to allow?

 

pay your taxes even late and if needed get on a paymentv plan with the irs. then submit your aos paperwork.

Fortunately for the op, this doesn't matter.

 

OP, you've received good advice, your taxes can be dealt with at a later date 

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4 hours ago, deborahcb said:

 I don't know if I'll have time or money to pay 1,5 years of taxes

 

Just be aware that the longer you wait to file, the more it will cost you---in penalties and interest. You end up paying a penalty on the amount you may owe at 5% per month (4.5 % for not filing and 0.5% for not paying) . The total penalty for failure to file and pay can eventually add up to 47.5% (22.5% late filing, 25% late payment) of the tax owed. Interest, compounded daily, is also charged on any unpaid tax from the due date of the return until the date of payment.

 
The IRS really nails you. As  others have said, file and get a payment plan ASAP.
 
Edited by databit

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I know au pairs receive very little $$ since most of their expenses are paid by their host families. Are you even sure you are required to pay?  I recommend that first you contact the au pair program, if they say you need to do it I think you should fill up the forms and find out how much you owe. If that is the case you should take care of it as fast as you can.

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