Want to marry a filipina, have tax lien issue

[cthr1981 0]

I'm new to this and all the information is a bit overwhelming, so any advice would be appreciated. I met a filipina online and we have been talking for several months. I am planning on going there in January 2014 to spend 3 weeks, and would like to get a fiancee visa (if I can) or marry there and get the spouse visa.

By that time I'll have had my job for 2 years making well over the financial requirement, however I'll have an income tax lien that is 8 years old. The tax lien is from when I was young and screwed up with inheritence money I got, and it is a huge, unpayable amount for me. Will the tax lien prevent me from qualifying for the K1 visa, and with such a thing on my record could I get a sponsor (say, my super-rich uncle)? Would a co-sponsor make them overlook the negative thing in my past?

Thanks

[speedwell 224]

I'm new to this and all the information is a bit overwhelming, so any advice would be appreciated. I met a filipina online and we have been talking for several months. I am planning on going there in January 2014 to spend 3 weeks, and would like to get a fiancee visa (if I can) or marry there and get the spouse visa.

By that time I'll have had my job for 2 years making well over the financial requirement, however I'll have an income tax lien that is 8 years old. The tax lien is from when I was young and screwed up with inheritence money I got, and it is a huge, unpayable amount for me. Will the tax lien prevent me from qualifying for the K1 visa, and with such a thing on my record could I get a sponsor (say, my super-rich uncle)? Would a co-sponsor make them overlook the negative thing in my past?

Thanks

They don't look for or consider debt unless it appears on your tax return transcripts and affects your qualifying income. Order them from the IRS (there's a spot on the website to do this, and the transcripts are free). You should be OK. It's best in your case to go ahead and file for 2012 early so that you can order your most recent transcripts as early in the process as possible.

The Philippines is a notoriously difficult spot to go through the immigration process from, though, and they could ask your wife about your finances in the interview, in which case it is best not to lie to them or to withhold information from her.

Edited February 15, 2013 by speedwell

[cthr1981 0]

Well lets say for the sake of argument that I am not approved for financial reasons (tax lien, not enough years of qualifying income), would a good co-sponsor be enough for them to overlook that? The co-sponsor would be a relative of mine that makes six figures, and has seven figures in assets. Does a good co-sponsor solve the problem?

[Darnell 8,479]

If the tax lien is not addressed, and you're NOT in a payment plan with the IRS,

then yes, it's a huge issue.

[cthr1981 0]

If the tax lien is not addressed, and you're NOT in a payment plan with the IRS,

then yes, it's a huge issue.

I know it's a problem.... does having a very good co-sponsor solve the problem? That's what I'm trying to ask here.

[Penguin_ie 6,001]

No, a co-sponsor will not solve the problem. Essentially, you want something from the government (to immigrate your loved one), so they want something from you (your tax money). You don't need to have it all paid off, but you do need to make payment arrangements and start paying on it.

Incidentally, you may be confused about fiance and spousal visas- a fiance visa is to get married in the USA (and you'd need to meet her in person before petitioning); a spousal visa is filed after marriage.

[cthr1981 0]

Incidentally, you may be confused about fiance and spousal visas- a fiance visa is to get married in the USA (and you'd need to meet her in person before petitioning); a spousal visa is filed after marriage.

No, I think I understand. I also understand that the Manilla Embassy doesn't take co-sponsors for the K1, which is why I'm considering the option of getting married there in case my Lien is a problem and I need a co-sponsor.

Here's the thing about my tax problem... Yes I was irresponsible at one point but it was over 10 years ago; The debt itself is uncollectible because it is past the IRS statute of limitations, but I still have the unsatisfied Lien listed on my credit because IRS has no interest in removing it.. (It'll probably be there for 6 more years)

[Villanelle 4,123]

If you have a negative item on your credit report it doesnt matter. It doesnt matter if its from the IRS or from a prvt creditor. They dont check credit reports.

What does matter if you have any current tax debts with the IRS or not. If you do have any current tax debts with the IRS you must have current payment arrangements in place with the IRS and provide proof of the payment arrangements.

You also must fill out an aff of support for either visa (fiance or marriage) they require you to provide either 1/3 yrs of tax returns (depending on the visa) or a statement explaining why you were not required to file. If you go for the fiance visa, which requires the 1yr return, later on to adjust status in the US, youll need the 3yrs returns then.

So have you been filing returns? Do you meet the income guidelines? As you noted the embassy youre going through will not accept a co-sponsor, so to obtain the fiance visa you must be able to meet the requirements on your own.

[cthr1981 0]

If you have a negative item on your credit report it doesnt matter. It doesnt matter if its from the IRS or from a prvt creditor. They dont check credit reports.

What does matter if you have any current tax debts with the IRS or not. If you do have any current tax debts with the IRS you must have current payment arrangements in place with the IRS and provide proof of the payment arrangements.

You also must fill out an aff of support for either visa (fiance or marriage) they require you to provide either 1/3 yrs of tax returns (depending on the visa) or a statement explaining why you were not required to file. If you go for the fiance visa, which requires the 1yr return, later on to adjust status in the US, youll need the 3yrs returns then.

So have you been filing returns? Do you meet the income guidelines? As you noted the embassy youre going through will not accept a co-sponsor, so to obtain the fiance visa you must be able to meet the requirements on your own.

Yes, I make the required income. About 26k right now with annual raises of 2k. Its just the old tax issues that concern me. And that lien. That lien will remain on my record for a while.

[pushbrk 13,683]

Everybody telling you that your credit report doesn't matter is wrong. This is because the only thing about your credit that DOES matter is an IRS tax lien. For example, if you have 50k in income and a 40k tax lien, the Consular Officer will consider your income to be only 10k, BECAUSE, (theoretically and this is the theory they use) the IRS can simply take their 40K all at once and leave you with nothing, after taxes.

So, you're correct in that you would not qualify and most likely cannot use a cosponsor for a K1 visa. To marry in the P.I. you'll need most of that three weeks just to get it done, so plan on starting the steps to get married, on day one.

That said, if you have an arrangement you're keeping with the IRS and can document it, then that tends to change everything. It sounds like there's no need for any arrangement because the tax lien is not actually currently in force. If it was, you would be broke or hiding all your money outside any bank and not "employed". I would check with a good CPA or IRS Enrolled agent (the kind of folks who specialize in settlements with the IRS) and see if you can't get something from the IRS that indicates the lien is no longer active and that they have no intention of pursuing further collection action. That would, in effect, nullify the lien that shows on your credit report, at least for immigration purposes.

Frankly, I don't know if IV units actually check the credit report to see the lien. They may simply check directly with an IRS database. If that's the case and the lien is no longer active, it may never be seen.

Edited February 16, 2013 by pushbrk

[cthr1981 0]

see if you can't get something from the IRS that indicates the lien is no longer active and that they have no intention of pursuing further collection action. That would, in effect, nullify the lien that shows on your credit report, at least for immigration purposes.

You answered my question perfectly pushbrk, thank you. With some of the previous responses, I didn't think I was clarifying my situation well enough. It is an unenforceable lien because the underlying debt is uncollectable due to lapse of SOL. Obviously I can't get a loan for a house any time soon, but I'm glad the State Department wouldn't hold me to the same standards that a bank would.

[mik2012 17]

Big Question. When you filed your taxes last year did you get a refund or did the IRS keep your tax refund.

If you got a refund then there should not be a problem. On the other hand if they did not send you your refund and kept it then you would have an issue.

[del-2-5-2014 1,340]

You answered my question perfectly pushbrk, thank you. With some of the previous responses, I didn't think I was clarifying my situation well enough. It is an unenforceable lien because the underlying debt is uncollectable due to lapse of SOL. Obviously I can't get a loan for a house any time soon, but I'm glad the State Department wouldn't hold me to the same standards that a bank would.

The answers provided by PushBrk are important, and I agree, because it clearly shows that the government is interested in your debt, if only the ones to them.

DO NOT underestimate the COs thought process about this.

Remember that even if all of our paperwork is in order and in we met all of the burden, that the CO has wide latitude to make a decision.

So that being said you should have a document that supports your assertions.

[pushbrk 13,683]

Big Question. When you filed your taxes last year did you get a refund or did the IRS keep your tax refund.

If you got a refund then there should not be a problem. On the other hand if they did not send you your refund and kept it then you would have an issue.

That's correct, assuming one is entitled to a refund. Not everybody is. I'm going to be writing a check this year and probably for the foreseeable future. However, this is just a data point that has no bearing on what the CO will know and understand. If they see what they think is an active tax lien, they will treat it as such. The OP would be wise to document that the old lien is no longer an issue regarding future IRS collection efforts, no simply by showing a law but by verified documentation from the IRS, if possible. Being right and documenting it are separate issues.

Edited February 17, 2013 by pushbrk

[I AM NOT THAT GUY 5,715]

I don't know how the CO would know about the tax lien, unless the OP disclosed it to him. Does the USCIS forward the results of the Petitioners name check to the Embassy? I don't believe a tax lien would show there. Does the USCIS perform a credit check?

Edited February 17, 2013 by The Patriot