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Filed: Timeline
Posted

I plan to file K1 visa. My questions concerns a tax lien.

I closed my business a couple years ago and filed personal bankrupcy; included in bankrupcy was IRS taxes. Bankrupcy was Chapter 7 and has been discharged. One item was not accepted as part of the bankrupcy (a sailboat I lived on and sold) and the court required I repay the court $18,000 (for the sailboat); which I am paying at $500/month. Because the repayment is not complete, the tax lien that was part of my bankrupcy still shows as active on my credit report and I assume with the IRS. I make 4+ times the required income and have for the past 20+ years; qualification for the minimum is not a problem.

What effect will this have on my application for K1 visa; please be specific with advice.

Posted

None, they don't care about that kind of stuff.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
None, they don't care about that kind of stuff.

That's not my understanding. Others more knowledgeable than me have said previously on this forum that a tax lien can be considered, and used as an offset against income by the consulate. I guess simply owing taxes is one thing, but having a tax lien is a different matter.

That said, if the OP makes 4X the minimum required, and the lien is for $18K, I would think he'd be ok.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted
Tax lien is $421,000; all property and assets except sailboat was given to court at bankrupcy; payment plan to court will satisfy tax lien once complete.

As long as you can meet the minimum poverty guidelines after you make all your monthly payments you won't have any problems.

At $500 a month how long will it take to pay the lien off?

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted
None, they don't care about that kind of stuff.

WRONG! They will know about it. In my case they subtracted the lien from my last years salary which put me below the poverty level. The do care, and will know about it.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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

This is exactly what it said on the 221g they gave my wife at the interview:

X Other

Information related to IRS lien against the petitioner.

Better get a co-sponsor.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

On this matter, Daboyz is the man. Following his troubles in this area I also studied on the matter. the problem stems taht as it is a tax lein, the IRS can at any time take attach your income for this amount, with a lein the size you say, it would be virtually impossible to overcome it. I would suggest getting a co-sponsor lined up.

Tax leins (NOT back taxes being paid on an istallment plan) and unpaid child support can affect visa issuance if the amount, deducted from your inocme, puts you below the poverty line. Unpaid child support in excess of $2500 can cancel or suspend your passport also.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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

On this matter, Daboyz is the man. Following his troubles in this area I also studied on the matter. the problem stems taht as it is a tax lein, the IRS can at any time take attach your income for this amount, with a lein the size you say, it would be virtually impossible to overcome it. I would suggest getting a co-sponsor lined up.

Tax leins (NOT back taxes being paid on an istallment plan) and unpaid child support can affect visa issuance if the amount, deducted from your inocme, puts you below the poverty line. Unpaid child support in excess of $2500 can cancel or suspend your passport also.

Actually Gary, I was on a payment plan when this happened. I had been paying them for 6 months, and still do. My deal was only $10k.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

On this matter, Daboyz is the man. Following his troubles in this area I also studied on the matter. the problem stems taht as it is a tax lein, the IRS can at any time take attach your income for this amount, with a lein the size you say, it would be virtually impossible to overcome it. I would suggest getting a co-sponsor lined up.

Tax leins (NOT back taxes being paid on an istallment plan) and unpaid child support can affect visa issuance if the amount, deducted from your inocme, puts you below the poverty line. Unpaid child support in excess of $2500 can cancel or suspend your passport also.

Actually Gary, I was on a payment plan when this happened. I had been paying them for 6 months, and still do. My deal was only $10k.

OK, I misunderstood. I thought you arranged the payments after the fact. I do know of two men that have back taxes they are paying and had no problem, and they are in the same range as you for amount owed. Why were you still listed as having a "lein". The other two gentlemen do not have "leins" just installment plans. I also have twice done this to pay back taxes and never had a "lein" per se, at least not that I know of.

I will still defer to your experience on this one

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Timeline
Posted

Once the IRS places a lien; they will not remove until the debt is paid or the offer of comprise is paid. If you enter a payment plan with a tax lien, they will only remove the lien after completion of the payment plan.

I have been studying this all weekend. IRS will not put a tax lien if you start a payment plan; but it the lien is in place, it stays until completion

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Once the IRS places a lien; they will not remove until the debt is paid or the offer of comprise is paid. If you enter a payment plan with a tax lien, they will only remove the lien after completion of the payment plan.

I have been studying this all weekend. IRS will not put a tax lien if you start a payment plan; but it the lien is in place, it stays until completion

OK, makes sense. That explains a lot. Myself and the other two men I know that have done this started a payment plan right away, there were no leins placed

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted
Once the IRS places a lien; they will not remove until the debt is paid or the offer of comprise is paid. If you enter a payment plan with a tax lien, they will only remove the lien after completion of the payment plan.

I have been studying this all weekend. IRS will not put a tax lien if you start a payment plan; but it the lien is in place, it stays until completion

OK, makes sense. That explains a lot. Myself and the other two men I know that have done this started a payment plan right away, there were no leins placed

Yeah I think that is the deal. I started the payment plan after the lien. I think it is there until the debt is paid. Just a guess on my part

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

  • 4 years later...
Filed: Timeline
Posted

How did everyone come out on this? I have some old tax debt, no lien yet but i'm afraid one will be coming soon.. i'm in cnc status now. If you have a lien, will they always let you get a cosponsor? i'm looking at doing an AOS marriage to USC. the USC is the one who owes.

 
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