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Posted

Hello, everyone! I'm new here, and I'm needing some guidance before my Canadian fiancé and I start the process of getting the K-1 visa...

Réjean has not filed his taxes for the past 5 years or so, and the government found out about it and is demanding payment. If we go after the visa while this is unresolved, will he end up getting denied because of it? Both of us live on our own, and it is going to take him a long time to get this all paid off. What we were hoping we could do is go through the process of getting the visa for him, getting married, getting the EAD, etc., and then once he gets a job here, we can both get it taken care of.

Thanks in advance for your help!

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

Posted

Get him to file his returns. Any money owed shouldnt figure into the affidavit of support. There is also nowhere on the form to put any debts.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: Timeline
Posted

aussiewench,

In any event, he won't be the one to fill out an affidavit of support?

Yodrak

Get him to file his returns. Any money owed shouldnt figure into the affidavit of support. There is also nowhere on the form to put any debts.
Posted
Hello, everyone! I'm new here, and I'm needing some guidance before my Canadian fiancé and I start the process of getting the K-1 visa...

Réjean has not filed his taxes for the past 5 years or so, and the government found out about it and is demanding payment. If we go after the visa while this is unresolved, will he end up getting denied because of it? Both of us live on our own, and it is going to take him a long time to get this all paid off. What we were hoping we could do is go through the process of getting the visa for him, getting married, getting the EAD, etc., and then once he gets a job here, we can both get it taken care of.

Thanks in advance for your help!

Am I reading this correctly that you are saying the Canadian fiance has not filed taxes for five years and the Canadian government is demanding payment? :huh:

8-12-2004 I moved to New Zealand(married my Kiwi in US 5/04)

1-12-2006 Received initial packet - It has I-130, I-864 & DS-230 Part 1, DS-2001 & tons of instructions.

Gathering paperwork that we don't have:

5-30-2006 - I-130 FILED AND ACCEPTED BY AUCKLAND CONSULATE!- INTERVIEW: 6/13/2006

6-13-2006 - APPROVED!usaCa.gifnew_zeaC3.gif

6-14-2006 - VISA IN HAND D_SMIL112.gif

08-05-2006 -WE ARE HOME IN THE USA!!! flag12.gif

THREE HAPPY YEARS LATER:

5-10-09 - N-400 filed

8-24-09 - Interview

9-14-09 - Naturalization Oath Ceremony

Posted

:blush: oops, I misread that one

aussiewench,

In any event, he won't be the one to fill out an affidavit of support?

Yodrak

Get him to file his returns. Any money owed shouldnt figure into the affidavit of support. There is also nowhere on the form to put any debts.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Posted (edited)

It would help to know who the USC is in this scenario. If the OP's fiance is the Canadian, it shouldn't be an issue (as they don't go into the foreign fiance/e's financial picture). If the USC has the tax debt, I would get the returns filed immediately and start making arrangements to pay off the debt. Not to mention securing a cosponsor for the affidavit of support.

Edited by TracyTN
SA4userbar.jpg
Posted (edited)
It would help to know who the USC is in this scenario. If the OP's fiance is the Canadian, it shouldn't be an issue (as they don't go into the foreign fiance/e's financial picture). If the USC has the tax debt, I would get the returns filed immediately and start making arrangements to pay off the debt. Not to mention securing a cosponsor for the affidavit of support.

Hi Tracy........just supposing it was the USC, why would they need a joint sponsor when debts aren't relevent to the affidavit of support for the interview? All they require is the tax returns....as long as they are filed and show an income level in accordance with the poverty guidelines. Thats how Ive always understood it. :unsure:

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: Timeline
Posted

TracyTN,

Necrotica is the USC, her fiance is the Canadian.

Yodrak

It would help to know who the USC is in this scenario. If the OP's fiance is the Canadian, it shouldn't be an issue (as they don't go into the foreign fiance/e's financial picture). If the USC has the tax debt, I would get the returns filed immediately and start making arrangements to pay off the debt. Not to mention securing a cosponsor for the affidavit of support.
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

If it's his taxes that weren't paid, it won't affect the outcome of the interview, since you (the USC) are the one who'll need to show tax returns in the affidavit of support you sign him.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Posted (edited)

Hey there.

I'm the USC; my fiancé is the Canadian. My taxes are all filed, except for my 2002 taxes which I didn't think I needed to file because I only made $35 the entire year. From what I've read about that, though, is that they don't require me to submit my tax return from that far back, so I should be ok.

Réjean lives in Québec, and he told me last night that he's getting letters from the Québec government that are asking him to pay the penalties of about $1,700. It's going to delay the visa process for a long time if we have to wait until that can all get paid off. :\

Edited by Necrotica

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

But like we said, he won't have to show any tax returns, and his embassy won't require that and have nothing to do with his "problems" with the canadian government. Your taxes will be shown, not his, you can go ahead and file your I-129F and he can work on paying his taxes when he can.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I'm from Ontario. I do not recall having to demonstrate my SIN (income tax number) on any of the documents I filled out. However, tax evasion is a convictable offence and since it's Federal and Provincial, you should investigate how your fiance can mediate a resolution asap since Revenue Canada has already established a penalty. Your fiance could go to H & R Block and get all the returns filed...maybe some of the years might include a refund.

Filed: Country: United Kingdom
Timeline
Posted
Hey there.

I'm the USC; my fiancé is the Canadian. My taxes are all filed, except for my 2002 taxes which I didn't think I needed to file because I only made $35 the entire year. From what I've read about that, though, is that they don't require me to submit my tax return from that far back, so I should be ok.

Réjean lives in Québec, and he told me last night that he's getting letters from the Québec government that are asking him to pay the penalties of about $1,700. It's going to delay the visa process for a long time if we have to wait until that can all get paid off. :\

It's between Rejean and Quebec, nothing to do with US immigration. However, you'll find plenty of heated posts on the value of paying off one's debts. :star:

He doesn't have to pay it in order to be able to leave Canada. Maybe he can make a payment plan and continue paying from the US? Keep in mind that he won't be able to work in the US for 4-6+ months.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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