Tax Issue Help... Please Help!

[kennym 275]

All

I am only 2 months or less from my interview. My Petition was recently approved.

I am suddenly worried how my back taxes will affect the interview.

I currently am in a Payment Plan with the Internal Revenue Service for significant tax debt due to years of underpayment..

Over the last One and half years, I've worked with the IRS to get back in good graces and stay current going foward. I had not thought this would be a factor since I hadn't read anything regarding back taxes being factored in..

However, I am beginning to panick now...

I am concerned this will be an issue at my interview. I have kept my agreement and am current with recent tax year.

Will it be an issue? what are the considerations for the Embassy? Can I do anything to prepare? Will this affect the I-134?

Please Help... are we going to be denied the Visa???

Edited August 4, 2010 by kennym

[rin and john 71]

All

I am only 2 months or less from my interview. My Petition was recently approved.

I am suddenly worried how my back taxes will affect the interview.

I currently am in a Payment Plan with the Internal Revenue Service for significant tax debt due to years of underpayment..

Over the last One and half years, I've worked with the IRS to get back in good graces and stay current going foward. I had not thought this would be a factor since I hadn't read anything regarding back taxes being factored in..

However, I am beginning to panick now...

I am concerned this will be an issue at my interview. I have kept my agreement and am current with recent tax year.

Will it be an issue? what are the considerations for the Embassy? Can I do anything to prepare? Will this affect the I-134?

Please Help... are we going to be denied the Visa???

contact member Daboyz. He had issues with back taxes (fiancee in Thailand) but was able to overcome them.

[daboyz 36]

All

I am only 2 months or less from my interview. My Petition was recently approved.

I am suddenly worried how my back taxes will affect the interview.

I currently am in a Payment Plan with the Internal Revenue Service for significant tax debt due to years of underpayment..

Over the last One and half years, I've worked with the IRS to get back in good graces and stay current going foward. I had not thought this would be a factor since I hadn't read anything regarding back taxes being factored in..

However, I am beginning to panick now...

I am concerned this will be an issue at my interview. I have kept my agreement and am current with recent tax year.

Will it be an issue? what are the considerations for the Embassy? Can I do anything to prepare? Will this affect the I-134?

Please Help... are we going to be denied the Visa???

My case was a little different. I was IR-1. I filed the I-864 with NVC, they approved everything there and sent the package to the USEM in Bangkok. For 2007, I made about $18,500 (just over the poverty limit) At the time of the interview, I owed the IRS $10k, and was on a payment plan and current with them. My wife went to the interview and they gave her 221g saying since I owed the IRS $10k, I actually only made $8500 for 2007. Thankfully for 2008, I made well above the poverty limit, so I sent another I-864 to the embassy and they accepted that.

Another thing people should think about. Once my my wife got here and got her SS# I went back 3 years and filed 1040X amended returns for 2006, 2007, and 2008. I changed to married filing jointly vs. filing single. At the time I still owed the IRS about 5k. After filing that they owed me 5k!! So it was a 10k swing in my favour.

I think in your case it depends on two factors:

1. The consulate you are going through, and if they find our about your tax debt. In my case I did all the AOS stuff through NVC. I'm pretty sure they notified the USEM in Bangkok about my tax situation. Why they didn't deny me at the NVC stage, I'll never know.

2. You are filing I-134, and it's not really a legally binding document like the I-864. That said, if your are successful with the K-1, you will need to adjust status after you get married and then file I-864. You could definitely run into some issues there. That said, USCIS will take a co-sponsor for I-864. I'm not sure if Columbia will take a co-sponsor for I-134.

Hope this helps.

[kennym 275]

All, Thank you for your reply.

Not sure if I feel more comfortable.. My tax debt is around 74K, I make 84K annually.

I really have no co-sponser option.

Colombian Embassy may be diferent.. Any feedback specific to this embassy would be helpfull...

I was hoping someone would say something like,

" if you're in a payment plan, and currently in good standing, I should be ok..."

This tax debt will take years for me to clear up. I would be absolutely heartbroken if I findout I cant get my fiancee here...

[daboyz 36]

All, Thank you for your reply.

Not sure if I feel more comfortable.. My tax debt is around 74K, I make 84K annually.

I really have no co-sponser option.

Colombian Embassy may be diferent.. Any feedback specific to this embassy would be helpfull...

I was hoping someone would say something like,

" if you're in a payment plan, and currently in good standing, I should be ok..."

This tax debt will take years for me to clear up. I would be absolutely heartbroken if I findout I cant get my fiancee here...

I was on a payment plan in good standing. Too bad you didn't make 93k. Like I was saying the I-134 is different than the I-864, so might not be an issue. It will probably be an issue when you get married and file adjustment of status.

[kennym 275]

I was on a payment plan in good standing. Too bad you didn't make 93k. Like I was saying the I-134 is different than the I-864, so might not be an issue. It will probably be an issue when you get married and file adjustment of status.

daboyz

Is the method of calculating my income is to take One year salary [minus] the entire debt = equals actual income?

If so, if I have the amount deficiency in my savings account, would that suffice?

[daboyz 36]

daboyz

Is the method of calculating my income is to take One year salary [minus] the entire debt = equals actual income?

If so, if I have the amount deficiency in my savings account, would that suffice?

That's what they did to me. Do you know if they filed a lien on you?

[kennym 275]

Yes, it is for $53,478...

[daboyz 36]

Yes, it is for $53,478...

OK so you're good. Assuming it's only you and your fiancee in the household.

Income = $84,000

Tax Lien = $53,478

Income minus the lien $30,522

125% poverty guideline for household of 2 = $18,212

So looks like if if they bring up the lien, you are still over the guidelines by over $12k

http://www.uscis.gov/files/form/i-864p.pdf

(I know you are filing I-134, but they use this form to determine poverty guidelines)

[kennym 275]

Man, I hope you're right...

I was pancking, I just got off the phone with the IRS and they told me my debt was 74K, I was really surprized, because, when we did my payment plan it was 53K and I knew I hadn't accumalated any new debt with them..

However, when You asked about the lien, I went and pulled my 3 credit reports immediately off the 3 burrueas and found the the lien was for 53K...

So, that's what they go by? The Lien ammount?

Which do I need to furnish for the interview? Copies of my completed tax returns or transcripts?

[kennym 275]

YOu know, I don;t know the tax laws well, the diference between the tax lien and the amount the guy reported to me on the phone is diferent maybe because of penaltys and interest? Just wondering if that could be why he told me 74K and the lien amount is 53K

[daboyz 36]

Man, I hope you're right...

I was pancking, I just got off the phone with the IRS and they told me my debt was 74K, I was really surprized, because, when we did my payment plan it was 53K and I knew I hadn't accumalated any new debt with them..

However, when You asked about the lien, I went and pulled my 3 credit reports immediately off the 3 burrueas and found the the lien was for 53K...

So, that's what they go by? The Lien ammount?

Which do I need to furnish for the interview? Copies of my completed tax returns or transcripts?

They don't care anything about credit reports. They have some kind of internal govt. system where they find out about these things between govt. agencies. I would definitely be sure about what the IRS considers the lien. Also, the IRS is pretty good about faxing you statements concerning your past payments etc.

There's really no way to tell how it will work out until the interview. In my case they allowed me to submit my 2008 tax returns with W-2/1099's, and I was good to go. Not sure how hardcore Bogota is, but Bangkok allowed me to clear it up.

In my case they took the lien and subtracted it from my past year income.

[kennym 275]

Daboys

Thanks for your help this evening..

I am wondering as I am gathering the docs..

I requested the past 3 years transcripts from the IRS... They are faxing them to me within the next 24 hours.. I also have copies of my Tax returns for the past 3 years... Interesting enough, my reported gross income for last year was actually 230,000, but its kinda wierd since I work internationally... I didn't actually pocket that money, but it is the income reported to the IRS which is partly due to travel expenses etc..

I am a technical person, totally oblivious to the tax stuff...

I feel a little better after getting your help..

I guess I will have everything with me just in case they ask for it at the interview..

[daboyz 36]

No problem. I know it's a pain. People are going on about illegal immigration. If they actually knew how difficult it was to do it legally, they would understand why people swim rivers etc. In the EU this process takes a month, not a year.

[kennym 275]

Yea Man! It's a system gone way out into left field..

It's ashame that we cant freely choose to marry who we please just because of where they live.. Since I travel internationally with my job, I had the good fortune of meeting this wonderful person.. Man I had no idea what I was fixing to put myself through..

Thanks again for your help...