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littlechewy

Tax returns for I-864

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A brief summary of our situation...

My husband is self-employed. He hasn't filed taxes for the last 2 years 2010 and 2011 (he did file his 2009 taxes). He met the income requirements. He just did not pay his taxes because he already spent most of the money that he made. He did not put aside money to pay taxes in for the last 2 years. If he files taxes for those 2 years now, he is looking at roughly a few thousands dollars in taxes that we both currently don't have.

We have been asking a few friends and family members to be a cosponsor but so far we haven't had any luck. Mostly they said they'd think it over or they are quite skeptical. It's been difficult.

We found out that we could possibly file the taxes now and work out a payment plan with the IRS. As long as the payment is a few hundreds/month, we can handle that. By doing that, on the form I-864 my husband can say "Yes I filed taxes for the 3 most recent tax years". So I assume even though he hasn't paid the taxes in full, technically the form only asks if he filed taxes or not, it does not ask if he filed taxes and paid in full. So it should be ok yes? Am I right about this? Can he get a transcript from IRS if he is doing payment? If not, what does he need to submit if he can't get a transcript? He has 1044 from his business.

If anyone has been in the same situation, please give us some advice. We are kinda running out of ideas of how to make this work. We really hope immigration will accept this.

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He can file the returns and then he can submit copies of the tax return instead of the IRS tax transcript.


Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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A brief summary of our situation...

My husband is self-employed. He hasn't filed taxes for the last 2 years 2010 and 2011 (he did file his 2009 taxes). He met the income requirements. He just did not pay his taxes because he already spent most of the money that he made. He did not put aside money to pay taxes in for the last 2 years. If he files taxes for those 2 years now, he is looking at roughly a few thousands dollars in taxes that we both currently don't have.

We have been asking a few friends and family members to be a cosponsor but so far we haven't had any luck. Mostly they said they'd think it over or they are quite skeptical. It's been difficult.

We found out that we could possibly file the taxes now and work out a payment plan with the IRS. As long as the payment is a few hundreds/month, we can handle that. By doing that, on the form I-864 my husband can say "Yes I filed taxes for the 3 most recent tax years". So I assume even though he hasn't paid the taxes in full, technically the form only asks if he filed taxes or not, it does not ask if he filed taxes and paid in full. So it should be ok yes? Am I right about this? Can he get a transcript from IRS if he is doing payment? If not, what does he need to submit if he can't get a transcript? He has 1044 from his business.

If anyone has been in the same situation, please give us some advice. We are kinda running out of ideas of how to make this work. We really hope immigration will accept this.

Without him clearing up his tax filings, joint sponsors won't matter. So first things first, he needs to file the delinquent tax returns, find out the amount of penalty, interest and tax owed, and then work out a repayment plan. (The amount of the penalty and interest could be more than the tax owed)

Being self employed, line 22 of his most recent year's tax return in the income number that is used.

FWIW, it will probably be less expensive to borrow the money elsewhere than set up a plan with the IRS. At least that is what I discovered when exploring options.

You two can do some reading here on the IRS website as well >>> http://www.irs.gov/individuals/article/0,,id=243335,00.html


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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He definitely wants to clear up the back taxes. You do not want IRS coming after you. They want their money.

Technically, you have to provide copies of your tax transcripts.....whistling.gif


"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

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Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Thanks for your all fast responses. So okay you meant it's OKAY to file back taxes and do a payment plan with the IRS and Immigration will accept this? Just to clear this up as I'm still unsure.

As long as immigration is okay with this and won't deny our application because he hasn't paid off his taxes. Yes or no?

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Thanks for your all fast responses. So okay you meant it's OKAY to file back taxes and do a payment plan with the IRS and Immigration will accept this? Just to clear this up as I'm still unsure.

As long as immigration is okay with this and won't deny our application because he hasn't paid off his taxes. Yes or no?

I honestly can't answer that. But, I do know that you can't file under your current conditions. And I do know that if IRS comes after you, it is NOT a pretty situation.!


"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Thanks for your all fast responses. So okay you meant it's OKAY to file back taxes and do a payment plan with the IRS and Immigration will accept this? Just to clear this up as I'm still unsure.

As long as immigration is okay with this and won't deny our application because he hasn't paid off his taxes. Yes or no?

Filing the returns is what USCIS needs to see. They may accept copies of the late returns, or they could demand transcripts as the I-864 instructions state. (transcripts will take a while to be available after filing) A balance owed may be deducted from the sponsor's income number unless a repayment plan is in place.

Off topic: The IRS will be much more interested in your husband going forward. And will likely communicate with the department of revenue in the state where you live. Don't be surprised by a business or personal tax audit in the future.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I honestly can't answer that. But, I do know that you can't file under your current conditions. And I do know that if IRS comes after you, it is NOT a pretty situation.!

I'm not sure why you keep saying IRS will go after him and it'll be ugly. I meant we are not trying to not pay. Our plan is we are going to find out how much taxes he owes, the penalty, interests and work out a payment plan with the IRS and will pay it monthly and promptly. So why would the IRS go after my husband if he pays his monthly dues diligently?

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Filing the returns is what USCIS needs to see. They may accept copies of the late returns, or they could demand transcripts as the I-864 instructions state. (transcripts will take a while to be available after filing) A balance owed may be deducted from the sponsor's income number unless a repayment plan is in place.

Off topic: The IRS will be much more interested in your husband going forward. And will likely communicate with the department of revenue in the state where you live. Don't be surprised by a business or personal tax audit in the future.

Yes he's planning on filing his taxes and like I said he will work out a repayment plan with the IRS and as long as he pays his amount monthly on time, there should be no problem with the IRS. Is that right? I don't see why the IRS would be going after him like Que Saudade mentioned.

My concern is whether or not USCIS will accept this. Are they going to find out from the IRS that he's doing a payment plan and demand that he has to pay the taxes in full? We would pay it all off if we could but we couldn't right now. Hence a payment plan.

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I'm not sure why you keep saying IRS will go after him and it'll be ugly. I meant we are not trying to not pay. Our plan is we are going to find out how much taxes he owes, the penalty, interests and work out a payment plan with the IRS and will pay it monthly and promptly. So why would the IRS go after my husband if he pays his monthly dues diligently?

Actually I said that you don't want the IRS coming after you. Then I said, IF the IRS comes after you. I never said that they WILL go after him.

But, in reality, the IRS does come for their money. Plain and simple. Just a fact of life. No one can keep operating a business (or work a job) and not pay taxes, it is just not how it works. Here read for yourself. What happens if you do not file a return

I was emphasizing that you want to avoid the legal nightmare that occurs once they start a collection process. Again, just a fact, not a negative statement directed at you or your husband.

I hope it works out for you.


"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Yes he's planning on filing his taxes and like I said he will work out a repayment plan with the IRS and as long as he pays his amount monthly on time, there should be no problem with the IRS. Is that right? I don't see why the IRS would be going after him like Que Saudade mentioned.

My concern is whether or not USCIS will accept this. Are they going to find out from the IRS that he's doing a payment plan and demand that he has to pay the taxes in full? We would pay it all off if we could but we couldn't right now. Hence a payment plan.

Get the tax filings done, contact the IRS re: payment plan, then you ought to be ok as far as USCIS is concerned.

USCIS is not a collection arm of the IRS. If the adjudicator wants to see more information, they will issue an RFE.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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