tricky question, pls read closely...

[josandme 6]

Ok here goes, Prepairing to file I-129f when i suddenly think of this...

I am self employed, have been for past 13 years. Last year income less that 125%. Because of self employment taxs I owe apprx $1500. Do not have, so IRS has deffered payment.

Now to present. Because I dont meet qualifications I spoke to my mother and step Father about a loan to deposit in an account to offset the shortage. (3 times the shortage in cash assets).

My question, If i show this info to USCIS, do they crossference IRS database then report this money for IRS to collect? I would then Not have the assets to offset the shortage.

And before someone suggest borrow that as well to settle the IRS debt first, this loan is asking alot from them. they are not rich.

Thx for input...

[Darnell 8,479]

if you've not filed the I-129F yet -

hey !

you've got about 5 to 11 months to get yer IRS debt sorted,

as

the I-134, affadavit of support,

is turned over and evaluated on INTERVIEW DAY at the Embassy in Ecuador.

Can you fix this, in 5 to 11 months?

If you feel you can, then I suggest you file the I-129F manana.

[Aztec&Taino 144]

Ok here goes, Prepairing to file I-129f when i suddenly think of this...

I am self employed, have been for past 13 years. Last year income less that 125%. Because of self employment taxs I owe apprx $1500. Do not have, so IRS has deffered payment.

Now to present. Because I dont meet qualifications I spoke to my mother and step Father about a loan to deposit in an account to offset the shortage. (3 times the shortage in cash assets).

My question, If i show this info to USCIS, do they crossference IRS database then report this money for IRS to collect? I would then Not have the assets to offset the shortage.

And before someone suggest borrow that as well to settle the IRS debt first, this loan is asking alot from them. they are not rich.

Thx for input...

No, I do not think they cross-reference with the IRS, but you will have to show your tax returns for the last three years. I agree with the other VJ member, you would still have 6 months (more or less) from the time of sending your petition to the interview. Could you get an additional job and try to save money to settle your IRS debt? Also, remember that other significant expenses will be in your future: medical for fiancee, cost of visa, plane ticket, AOS fee... So, you should have more money for the needed expenses (this is not even taking into account the cost of a wedding if you do wish to have a wedding party).

Best wishes!

[josandme 6]

if you've not filed the I-129F yet -

hey !

you've got about 5 to 11 months to get yer IRS debt sorted,

as

the I-134, affadavit of support,

is turned over and evaluated on INTERVIEW DAY at the Embassy in Ecuador.

Can you fix this, in 5 to 11 months?

If you feel you can, then I suggest you file the I-129F manana.

Actually I failed to mention something, Because of the ecuadorian CO,, i planned on frontloading the app with the I-134.

@Darnell... Is that a yes or no? Are you saying the CO will know of the tax debt and deny the Visa?

[JimVaPhuong 4,864]

Ok here goes, Prepairing to file I-129f when i suddenly think of this...

I am self employed, have been for past 13 years. Last year income less that 125%. Because of self employment taxs I owe apprx $1500. Do not have, so IRS has deffered payment.

Now to present. Because I dont meet qualifications I spoke to my mother and step Father about a loan to deposit in an account to offset the shortage. (3 times the shortage in cash assets).

My question, If i show this info to USCIS, do they crossference IRS database then report this money for IRS to collect? I would then Not have the assets to offset the shortage.

And before someone suggest borrow that as well to settle the IRS debt first, this loan is asking alot from them. they are not rich.

Thx for input...

First of all, you aren't going to showing your income evidence to USCIS until after your fiancee comes to the US. The first people who are going to see your income and require an affidavit of support is the consulate in Ecuador. TBoneTX will probably be along to tell you what you can expect there.

If the IRS has a tax lien against you then the consulate will probably find out. They'll probably also deduct the full amount of the lien from your declared annual income, since they'll consider that to be money you don't have. The consulate won't have to tell the IRS about money in your bank account. If there's a tax lien then the IRS is already watching your bank account. If you make a large deposit they'll seize whatever is required to pay the debt.

The consulate is also going to have a hard time believing you have more than enough money in the bank to pay off your tax debt, but you prefer to allow interest to accrue on the tax debt much faster than you are earning it in the bank. If they ask for bank statements going back a year then you're hosed - they'll see the big deposit, and know that you're just parking somebody elses assets in your account in order to qualify.

Get a co-sponsor and stop thinking about ways to fool the US government. If this backfires it will cause far more trouble than you think you're avoiding.

[Darnell 8,479]

i've never heard of frontloading an I-134, at all. It's just not something to do.

where are you 'seeing this' as the right step to take?

I hope yer not confusing it with 'frontloading of relationship evidence'.

Hey - if I'm wrong about 'frontloading an I-134', that's ok - I learn new stuff each week.

[josandme 6]

I hope yer not confusing it with 'frontloading of relationship evidence'.

Hey - if I'm wrong about 'frontloading an I-134', that's ok - I learn new stuff each week.

Probably my bad. thought frontload meant everything needed at consulate.

And I have no tax lien.

[Darnell 8,479]

whew ! You had me worried, much !

ya, you have some time to 'better yer financial picture' -

between

NOW

and

interview day.

I'm suggesting you've got between 6 months to 11 months after filing the I-129F, before an interview date .

Can you fix yerself in that amount o time?

I'm betting yes.

[Bobby+Umit 161]

I spoke to my mother and step Father about a loan to deposit in an account to offset the shortage. (3 times the shortage in cash assets).

Bump that up to 5X since the person being sponsored is not your spouse or child. (of an USC) (I am assuming this since your doing a K-1)

What Cash Value of Assets is Needed? The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

Of course this applies to the 864, but it appears embassies use this benchmark for K-1's/I-134's. (goes hand in hand with the 100% vs the 125% of the level needed (depends on the embassy)

[josandme 6]

Bump that up to 5X since the person being sponsored is not your spouse or child. (of an USC) (I am assuming this since your doing a K-1)

Of course this applies to the 864, but it appears embassies use this benchmark for K-1's/I-134's. (goes hand in hand with the 100% vs the 125% of the level needed (depends on the embassy)

The person being sponsered will be my spouse. that is not qualification?

[Dodi 69]

Have you thought about filing an Offer In Compromise to settle the IRS debt and make payments over time? This would eliminate a portion of the debt, and you could pay it out over a period of 24 months or so. This would show the IRS that you're attempting to do the right thing, and would take the heat off of you.

[Dodi 69]

i've never heard of frontloading an I-134, at all. It's just not something to do.

where are you 'seeing this' as the right step to take?

I hope yer not confusing it with 'frontloading of relationship evidence'.

Hey - if I'm wrong about 'frontloading an I-134', that's ok - I learn new stuff each week.

Darnell, my idiot attorney frontloaded my I-134. She sent the ORIGINALS, so I had to completely redo it all when it came time to sending him the paperwork for the interview.

It had only been a few months at that point, so all I would have needed was more pay stubs, but instead I had to rebuild it from scratch. Luckily, in that time I'd found VJ and found out I could include my child support, so I added that in, and with the 3 months between the time I gave the paperwork to the atty and the NOA2 I had passed my initial 90 days at my new job so I included a copy of the original letter (from the day I started) and an original of the new letter saying I'd passed my 90 days and was still in good standing, as well as all of my pay stubs.

The atty's excuse was that if she put it in there up front it would show the USCIS that we were ready to proceed and hurry them along. I think she was full of ####### and proved yet again that she didn't know what she was doing... but that's just my opinion.

[josandme 6]

Sorry OP, I hope my question is similar enough to yours that you don't mind!

not a problem, it is close to my situation.

I still have recieved no answer, and it relates to u as well. Will the embassy have the unpaid tax info? Of course the tax return says i owed taxes, but will they know if they have been paid?

And now another question is raised, do i need 3 times cash assets or 5 times?

[Dodi 69]

No, they won't know if they've been paid or not.

And you'll need 5 times the amount in assets according to the I-864 guidelines, which is what you'll need to get her through the AOS anyway, and what many consulates/embassies look for in the interview stage, since that's the ultimate goal anyway.

Hope that helps.

[TBoneTX 47,522]

TBoneTX will probably be along to tell you what you can expect there.

You rang, si man?

Interestingly, The Hellhole (the consulate) seems uninterested in the financial aspects of things -- at least in comparison with other embassies. I haven't heard of one couple, either on VJ or off, who mentioned that The Hellhole was concerned or even mentioned anything at all about finances. This could be because all or most other couples qualified financially on the face of things, or perhaps for other reasons. At least one VJ couple specifically said that The Hellhole didn't say anything whatsoever about finances. Conversely, it's well-known that "evidence of bona fide relationship" is another story entirely, and it's good to know that the OP will front-load the I-129F application heavily (this means Kitchen Sink).

In addition to budgeting for the other expenses that others have mentioned -- chief among these, AOS -- the OP should allocate funds to be there for the FIRST interview, whenever that will ultimately be. This is not an optional investment, because it can avert many times more the expense if the interview is successful the first time. Refusal of the visa will require involving lawyers, extra travel, DHL shipments, long-distance phone calls, innumerable runarounds from the evil hussies who get commissions for how many times they can get you to call their $12 appointment line, and personal stress so intense that it can endanger one's performance at one's job in the U.S. I suggest storing funds in a special account that's considered to be otherwise untouchable, and that money can be added a little at a time until enough is there.

I was advised by a lawyer (who had consular experience, albeit not recent) to go ahead and include my I-134 with the I-129F filing. The benefit, he said, was that the consulate would receive it in advance for review. I found that it was also a relief for me to know that the requirement for the I-134 was taken care of along with everything else, instead of my having to scramble for the data on shorter notice later (it certainly takes time to collect!). After I learned from VJ that it was nonstandard to include the I-134 with the I-129F petition, I was concerned and e-mailed The Hellhole; they responded with "Yes, we will accept the I-134 if it was included in the I-129F petition filing." Because it was awhile between the I-129F filing and the interview, I prepared an "update page" to refresh the original I-134 information. This included such matters as "this CD was closed and this one was opened," "my salary has increased from $X to $Y," "this amount in U.S. savings bonds has been cashed in the meantime," etc. I included the standard "I verify that this information is true and correct" statement (paraphrasing, here) and had the page notarized. Again, no one at The Hellhole mentioned one thing about finances.

I apologize that I can't comment on the OP's specific situation regarding taxes, because I've not encountered anyone who was in similar circumstances. In general, however, the Federal government has unlimited time, resources, and power to make our lives miserable, so it's probably very prudent to take care of everything in advance, to the extent possible.

By the way, I leave for Ecuador on Saturday and will probably have limited or untrustworthy Internet access there, so a lack of response for the next 9 days will be due to that reason. In addition, I'm hoping that approximately a billion roosters will magically contract laryngitis (or be eaten) so that I can get some sleep there, si man.