Trouble with IRS - Depts = Petition gets denied???

[JimVaPhuong 4,863]

Sorry but I still don't understand. Is that what Gary and Alla said right? Means the chance that our petition is getting approved is very very small because of the money problems?

No, they won't deny the petition because of a tax lien. They might reject the affidavit of support at the consulate as insufficient if the declared income minus the total amount of the tax lien does not clear the minimum required income level.

I had an overpayment with the IRS in 2009 for $3500. I am currently on a payment plan and it hasn't been an issue in this process. I am guessing the only problem would be not having the IRS tax returns when showing ability to support. So, I don't know if they actually do check with the IRS and as far as lexus nexus...because I used to be a bill collector, it is used basically to skip trace a person to find out telephone numbers and addresses of people, and where they hold accounts. LEXUS doesn't show the amount you hold with any company.

IRS tax liens are public records. A LexisNexis risk report includes a public records search. I don't know if the format or content of those reports has changed since LexisNexis bought ChoicePoint, but my ChoicePoint report was very comprehensive - over 20 pages of records. I didn't have any tax liens, and the ChoicePoint report indicated exactly that.

[Gary and Alla 3,694]

No, they won't deny the petition because of a tax lien. They might reject the affidavit of support at the consulate as insufficient if the declared income minus the total amount of the tax lien does not clear the minimum required income level.

Uh, that IS what I said. If the affidavit is rejected the visa will not be issued unless thay have a co-sponsor

The correct answer to her question would have been "Yes, Gary is correct"

[Gary and Alla 3,694]

As I also stated ...

Being on a payment plan is NOT an issue. Having a TAX LEIN is an issue. A payment plan is NOT a tax lein. A tax lein is NOT a payment plan.

If you have a TAX LEIN the amount of the LEIN can be deducted from the stated annual income for the purpose of calculating the petitioners abilty to support the beneficiary. IF that drops the petitioner below the annual income guidelines your affidavit will be rejected. If your affidavit is rejected and you have no co-sponsor, no visa will be issued.

[Gary and Alla 3,694]

I had an overpayment with the IRS in 2009 for $3500. I am currently on a payment plan and it hasn't been an issue in this process. I am guessing the only problem would be not having the IRS tax returns when showing ability to support. So, I don't know if they actually do check with the IRS and as far as lexus nexus...because I used to be a bill collector, it is used basically to skip trace a person to find out telephone numbers and addresses of people, and where they hold accounts. LEXUS doesn't show the amount you hold with any company.

You implemented a payment plan before you had a tax lein so it would not be an issue.

The question was, and remians, does the OP's fiancee have a TAX LEIN. He may or may not have a LEIN in addition to a payment plan.

[maning 36]

You implemented a payment plan before you had a tax lein so it would not be an issue.

The question was, and remians, does the OP's fiancee have a TAX LEIN. He may or may not have a LEIN in addition to a payment plan.

Gary is correct. As long as you have made a payment plan with the IRS, then you won't have a tax lien. You only get a tax lien if they can't collect from you. IRS is willing to work with you to avoid a tax lien, so if you haven't done so... I would advice you visit a local IRS office to inquire about making a payment plan. It's up to the IRS to approve your payment plan though... payment plans are usually tax you owe + penalities + interest divided by 60 months = your monthly payment. You cannot miss a payment or your payment plan becomes invalid. If you can't make a payment this month, contact the IRS ahead of time before your payment deadline and they usually will give you an extension to pay it. IRS are very helpful if you're willing to pay them lol... they'll eat you alive if you try to avoid them.

[Gary and Alla 3,694]

Gary is correct. As long as you have made a payment plan with the IRS, then you won't have a tax lien. You only get a tax lien if they can't collect from you. IRS is willing to work with you to avoid a tax lien, so if you haven't done so... I would advice you visit a local IRS office to inquire about making a payment plan. It's up to the IRS to approve your payment plan though... payment plans are usually tax you owe + penalities + interest divided by 60 months = your monthly payment. You cannot miss a payment or your payment plan becomes invalid. If you can't make a payment this month, contact the IRS ahead of time before your payment deadline and they usually will give you an extension to pay it. IRS are very helpful if you're willing to pay them lol... they'll eat you alive if you try to avoid them.

This is correct and they will even set up payment plans over the phone, no need to go to their office.

IF a tax lein has been levied, you can STILL set up a payment plan to prevent them from seizing your assets (home, etc) but you STILL have a LEIN until the full amount is paid.

The secret lies in making the plan arrangements before they apply a lein.