Outstanding US tax a problem for obtaining K1 Visa?

[RUSSandRACHEL 3]

My fiance and I have sent off our I-129F and are waiting for the NOA2 (should be a long while yet - we only sent it mid July) and I was just wondering about some fiancial details of ours that might be a problem... My fiance has been self employed (hes the US citizen) for the last 20+ years and unforunately didnt earn enough to meet the poverty guidelines so in June he got a new employed job - He now meets the requirements, he enjoys it and anticipated staying there for the next few years. By the time our interview comes around we should be more than fine to show plenty of pay stubs and employments letters etc... And his current situation is that he meets the financial requirements so Im not worried about that.

However, when he was working, as self employed, so far this year (before June) he hasnt filed his tax return for 2008-9. Will this be a problem for us? Will we need it during the interview and does anyone know if he has any outstanding unpaid taxes from the past, will that present a problem for us obtaining the visa?? Just want to get a heads up to sort this out now while we have time. (My fiance his a bit unorganised and has just let it snowball). Any advise??

[Otto 83]

He (as the Sponsor) will need to provide at least his most recent year's tax return (and supporting documents) for/as-part-of the I-134, regardless of how many pay-stubs (and Employment Letter) is provided. That said - whether he owes taxes (or not) isn't necessarily something they will be terribly concerned about but the tax return (and supporting documents) will be.

[Anh map 2,098]

For the K visa process he will need to show current income (annualized) that meets the requirement for the I-134 affidaivt of support. An employer letter and recent pay stubs should be enough proof.

For the adjustment of status after you enter and marry he will submit the I-864 affidavit of support and that requires the previous year's tax return. This will be in 2010 meaning that he will need to show his 2009 return.

As far as his 2008 return and immigration, it would be best to have it filed so that if the consulate asks to see more income evidence (as he was self employed) there will not be any delays in your obtaining the visa.

Regarding the owed tax my understanding is that as long as there is a payment plan in place it will have no effect. There are other VJ members that have posted about this issue and can provide a better answer. You could also do search in the forums for "tax owed" "or "taxes" to find those threads.

Sounds like he has enough time to get things squared away.

Best of luck.

[RUSSandRACHEL 3]

Great help thanks to both of you! I have been nagging him to file his tax return for AGES! If we have it all ready, even if its not asked for, you're right, it'll avoid delays! Thank you!

[Gary and Alla 3,694]

My fiance and I have sent off our I-129F and are waiting for the NOA2 (should be a long while yet - we only sent it mid July) and I was just wondering about some fiancial details of ours that might be a problem... My fiance has been self employed (hes the US citizen) for the last 20+ years and unforunately didnt earn enough to meet the poverty guidelines so in June he got a new employed job - He now meets the requirements, he enjoys it and anticipated staying there for the next few years. By the time our interview comes around we should be more than fine to show plenty of pay stubs and employments letters etc... And his current situation is that he meets the financial requirements so Im not worried about that.

However, when he was working, as self employed, so far this year (before June) he hasnt filed his tax return for 2008-9. Will this be a problem for us? Will we need it during the interview and does anyone know if he has any outstanding unpaid taxes from the past, will that present a problem for us obtaining the visa?? Just want to get a heads up to sort this out now while we have time. (My fiance his a bit unorganised and has just let it snowball). Any advise??

If he has outstanding tax LIENS, yes, it will be a problem. If he owes taxes and has established a payment plan for these before a tax lien is imposed, NO it will not be a problem. IF there is a tax lein, they will deduct the full amount owed from his current income when calculating if he qualifies and may therefore cause him not to qualify to sponsor you. If this is the case, then he has 2 options. Pay the amount in full and get documentation of that OR get a co-sponsor

Regarding this year's taxes...the US government grants extensions up until October 15 if requested. If he does not complete the necessary filing before then he can show 2007's return and his extension for this year. If he is delaying filing because of taxes owed, he should file NOW and set up a payment plan which will not count against you. The IRS prefers that the past due taxes be paid within 1 year, but will extend it up to 5 years for good cause and with some difficulty (like 1-2 hours on the phone with various people, most of which is spent "on hold")

For the AOS he will need to submit his last year's taxes (2008) and figures from the previous 2 years (2007 and 2006) OR an expanation of why he did not file. Being self employed is NOT a reason not to file taxes, though he may not OWE any money, he still has to file. Google 1040/2007 and 1040/2006 to get the necessary forms. If no tax is owed there is no penalty for filing late.