anyone done AOS but owe IRS?

[Julie&Chris 1]

Hey again guys! So, I have a question about taxes...my husband hasn't filed his taxes since 2008. He THOUGHT he had by using turbo tax but didn't actually e-file them...very smart, I know

Is it right that I will need 2011 tax return for AOS? We have his 2009, 2010 and 2011 W2's and I have filled out all the forms...found out he owes the IRS

Will we get his return even if he goes on a payment plan?? and will it effect my AOS because he owes them?

[Elghazi2008 4]

Hey again guys! So, I have a question about taxes...my husband hasn't filed his taxes since 2008. He THOUGHT he had by using turbo tax but didn't actually e-file them...very smart, I know

Is it right that I will need 2011 tax return for AOS? We have his 2009, 2010 and 2011 W2's and I have filled out all the forms...found out he owes the IRS

Will we get his return even if he goes on a payment plan?? and will it effect my AOS because he owes them?

I would seriously suggest trying to solve the tax issue before filing AOS if you can... When you file, I think there's a section that gives you the opportunity to explain WHY you didn't file, but it would look much better if you could show that you are working on fixing the mistake or have already fixed it, rather than just admitting that an issue still exists and you've done nothing about it yet...

[Julie&Chris 1]

I would seriously suggest trying to solve the tax issue before filing AOS if you can... When you file, I think there's a section that gives you the opportunity to explain WHY you didn't file, but it would look much better if you could show that you are working on fixing the mistake or have already fixed it, rather than just admitting that an issue still exists and you've done nothing about it yet...

Yes we are sending in all 3 years forms and going to be making payments before I apply for AOS...just so they see we have made the effort. I just didn't know if this would be a reason for denial or not...

[Elghazi2008 4]

I would seriously suggest trying to solve the tax issue before filing AOS if you can... When you file, I think there's a section that gives you the opportunity to explain WHY you didn't file, but it would look much better if you could show that you are working on fixing the mistake or have already fixed it, rather than just admitting that an issue still exists and you've done nothing about it yet...

As for your questions about whether it will actually affect your AOS, my guess would be 'yes', but I can't say for sure.

[Elghazi2008 4]

Yes we are sending in all 3 years forms and going to be making payments before I apply for AOS...just so they see we have made the effort. I just didn't know if this would be a reason for denial or not...

If they see that you're making payments and working on correcting the issue, I sincerely doubt they would issue a denial just because of a mistake on your taxes... I haven't seen anybody else with this problem before, but hopefully somebody who knows from experience will see this topic and let you know what happened for them.

Edited March 25, 2012 by Elghazi2008

[Julie&Chris 1]

If they see that you're making payments and working on correcting the issue, I sincerely doubt they would issue a denial just because of a mistake on your taxes... I haven't seen anybody else with this problem before, but hopefully somebody who knows from experience will see this topic and let you know what happened for them.

Okay thanks alot!!

[kcoyclay1 98]

Many individuals owe taxes. I think USCIS wants to ensure that the taxes are filed regardless of the individual owing or receiving a refund. As long as it is filed, you are in the system as earning an income. Paying in installments should not affect the petitioner. That's an agreement, and trust me, we have seen that if it is not upheld, IRS knows how to knock doors.

File your taxes and petition for AOS. Again, USCIS just wants to know that it's done and the requirements are met. They are not out to get those who owe; IRS will do their job in collecting.

Edited March 26, 2012 by kcoyclay1

[Julie&Chris 1]

Many individuals owe taxes. I think USCIS wants to ensure that the taxes are filed regardless of the individual owing or receiving a refund. As long as it is filed, you are in the system as earning an income. Paying in installments should not affect the petitioner. That's an agreement, and trust me, we have seen that if it is not upheld, IRS knows how to knock doors.

File your taxes and petition for AOS. Again, USCIS just wants to know that it's done and the requirements are met. They are not out to get those who owe; IRS will do their job in collecting.

Thanks a bunch!! Little weight off my shoulders

[kcoyclay1 98]

They allow those wishing to naturalize to do so as long as they have an agreement to pay the IRS. Just submit the document that shows your agreement to pay. I think it's the same for those petitioning to adjust status. Go to the end of the page on the link below and you'll see that all they need is proof of commitment to pay the IRS.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f547db185e43110VgnVCM1000004718190aRCRD&vgnextchannel=11616c854523d010VgnVCM10000048f3d6a1RCRD

Edited March 26, 2012 by kcoyclay1

[JimVaPhuong 4,863]

It's only an issue if he either didn't file but was required to, or if the IRS has issued a tax lien against him. If he owes the IRS money, but there's no tax lien, then it's not a problem.

FWIW, there's no way he got through the tax preparation steps in TurboTax and did not know he wasn't finished until he either filed electronically or mailed a paper return. It's just not possible. TurboTax makes it very clear that you're not finished until you've filed. I can understand perfectly his wanting you to believe this was an honest mistake. However, I've used TurboTax and I know this sort of mistake isn't possible.

[Nich-Nick 3,353]

Hey again guys! So, I have a question about taxes...my husband hasn't filed his taxes since 2008. He THOUGHT he had by using turbo tax but didn't actually e-file them...very smart, I know

Is it right that I will need 2011 tax return for AOS? We have his 2009, 2010 and 2011 W2's and I have filled out all the forms...found out he owes the IRS

Will we get his return even if he goes on a payment plan?? and will it effect my AOS because he owes them?

You will need the 2011 actual return printout or a tax transcrpt to be sent with AOS. There are blanks on the Affidavit of Support form where he will list his income as shown on the tax returns for 2009 and 2010. The USCIS is interested in his income. The form doesn't ask if he paid. The form doesn't ask about payment plans. USCIS doesn't collect taxes. If the USCIS decides to RFE for an IRS tax transcript, then he would have to have filed for the IRS to provide a transcript.

Getting his taxes right is his obligation to the IRS. Once you are here, getting your income tax filed and paid is important if you want to become a US citizen at any future date. Have you ever failed to pay taxes is part of the naturalization questioning and requires documentation.

[Brian121957 43]

This is more of a question then an answer.

Sounds like he ended up owing back taxes. Are you saying he does not have the ability to pay the full amount at this time?

I don't recall any place on any form being asked how much I owe or who I owe it to. They want minimum incomes or assets. They did want the NET value of my house but even then they did not ask how much I owed on the mortgage. So why would a debt to the IRS be any different? As long as they have not garnished his wages that could affect his current income.

[Julie&Chris 1]

You will need the 2011 actual return printout or a tax transcrpt to be sent with AOS. There are blanks on the Affidavit of Support form where he will list his income as shown on the tax returns for 2009 and 2010. The USCIS is interested in his income. The form doesn't ask if he paid. The form doesn't ask about payment plans. USCIS doesn't collect taxes. If the USCIS decides to RFE for an IRS tax transcript, then he would have to have filed for the IRS to provide a transcript.

Getting his taxes right is his obligation to the IRS. Once you are here, getting your income tax filed and paid is important if you want to become a US citizen at any future date. Have you ever failed to pay taxes is part of the naturalization questioning and requires documentation.

No I haven't and it's not as if he owes hundreds of thousands, its just a couple hundred dollars

[Julie&Chris 1]

This is more of a question then an answer.

Sounds like he ended up owing back taxes. Are you saying he does not have the ability to pay the full amount at this time?

I don't recall any place on any form being asked how much I owe or who I owe it to. They want minimum incomes or assets. They did want the NET value of my house but even then they did not ask how much I owed on the mortgage. So why would a debt to the IRS be any different? As long as they have not garnished his wages that could affect his current income.

Basically, we are saving for the AOS fees so have decided to do a payment agreement with the IRS. They have not took anything out his wages or tried to collect anything so I am hoping that we can sort it out with them easily

[Operator 1,925]

Basically, we are saving for the AOS fees so have decided to do a payment agreement with the IRS. They have not took anything out his wages or tried to collect anything so I am hoping that we can sort it out with them easily

Pay it off as soon as you can! The IRS charges some heavy penalties and interest for each month it isn't paid in full.