Tax complications for affidavit of Support

[Michael222 0]

I am looking at getting a fiance visa. I have two dependents who are in college. The youngest will be 21 in a few months, but I do have them on my tax return. So me and the fiance make 4? Which for 2014 means I need to show earnings of $23,850 at 100% of the poverty line. Or $29,812 at 125%. Which one applies to me? I am not in the armed forces. I have looked online and see the one at 100% but the form itself seems to indicate otherwise. Also I owe back taxes and it is a large amount and have a tax lien. Does HHS care about this?

Thanks in advance.

[dwheels76 5,468]

I am looking at getting a fiance visa. I have two dependents who are in college. The youngest will be 21 in a few months, but I do have them on my tax return. So me and the fiance make 4? Which for 2014 means I need to show earnings of $23,850 at 100% of the poverty line. Or $29,812 at 125%. Which one applies to me? I am not in the armed forces. I have looked online and see the one at 100% but the form itself seems to indicate otherwise. Also I owe back taxes and it is a large amount and have a tax lien. Does HHS care about this?

Thanks in advance.

No the 100% is military you are correct with the $29,812 amount. Here is the list

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Owing back taxes do you have a payment schedule worked out with them? This is what you would include. It may come up it may not but you need to show you are working with IRS.

And make sure your fiancee' is aware also that you have a lien in case asked.

[Michael222 0]

No I do not have a payment plan worked out. I am trying to prioritize what to spend money on first: Tax attorney for tax problem or this girl, laugh. Obviously I prefer to get the girl first. I spoke with an attorney who indicated it could take six months or maybe two years to get a payment plan negotiated. Plus this girl I met online almost got married to another American. But he had a criminal record and the visa got refused. So she is asking so many questions and is scared the same thing would happen again.

Edited April 2, 2014 by Michael222

[Hank_ 9,174]

I am looking at getting a fiance visa. I have two dependents who are in college. The youngest will be 21 in a few months, but I do have them on my tax return. So me and the fiance make 4? Which for 2014 means I need to show earnings of $23,850 at 100% of the poverty line. Or $29,812 at 125%. Which one applies to me? I am not in the armed forces. I have looked online and see the one at 100% but the form itself seems to indicate otherwise. Also I owe back taxes and it is a large amount and have a tax lien. Does HHS care about this?

Thanks in advance.

USEM requires 125% of poverty guidelines.

Don't know about tax issues, but if/when asked - explain. I don't know that a tax lien is an issue, it isn't listed anywhere.

[Tahoma 2,292]

You did not mention whether you have any children other than the two in college. If not, then your household size is four.

The Embassy will deduct the amount of the tax lien from your I-134 income.

[Pitaya 2,577]

~Moved from K-1 Process to Tax &Finances During US Immigration Forum~

~inquiry about back-taxes, etc.~

[Michael222 0]

You did not mention whether you have any children other than the two in college. If not, then your household size is four.

The Embassy will deduct the amount of the tax lien from your I-134 income.

So what I hear is that I can't get a fiance visa period. From what I know about my tax problem is that the tax lien doesn't automatically go away. Even if I work out a payment plan that is realistic for me (which would be to negotiate less than the full amount owed on the lien) you have the tax lien remain. Only after you make the last payment can you petition for the tax lien to be removed.

If anyone thinks there is a way for me to move forward I would appreciate it. Otherwise it sounds like I have to say goodbye to this girl.

As to the other question, I do not have any other children except to the two in college living with me.

[Tahoma 2,292]

You could get married in the Philippines, file a CR-1 spousal petition, and use a joint sponsor.

[Michael222 0]

You could get married in the Philippines, file a CR-1 spousal petition, and use a joint sponsor.

Thank you for your advice Tahoma.

That would be a solution. I thought I read a joint sponsor was explicity not allowed in the Philippines in obtaining a fiance visa. There must be a lot of fraud from that country? Anyways I wonder if that only applies to the fiance visa and not spousal. Does anyone have knowledge of the rules for the Philippines.

[Tahoma 2,292]

Thank you for your advice Tahoma.

That would be a solution. I thought I read a joint sponsor was explicity not allowed in the Philippines in obtaining a fiance visa. There must be a lot of fraud from that country? Anyways I wonder if that only applies to the fiance visa and not spousal. Does anyone have knowledge of the rules for the Philippines.

To the best of my knowledge, your chances of a joint sponsor being accepted by the U.S. Embassy Manila for a fiancée visa is 50/50...at best. I've noticed that joint sponsors of fiancée visas generally are accepted for young, educated, upwardly-mobile Filipinos where the joint sponsor is a close family member. Of course, there are exceptions. It's up to the consular officer.

With spousal visas, they nearly always accept a qualified joint sponsor.

[slowlyman 118]

So what I hear is that I can't get a fiance visa period. From what I know about my tax problem is that the tax lien doesn't automatically go away. Even if I work out a payment plan that is realistic for me (which would be to negotiate less than the full amount owed on the lien) you have the tax lien remain. Only after you make the last payment can you petition for the tax lien to be removed.

If anyone thinks there is a way for me to move forward I would appreciate it. Otherwise it sounds like I have to say goodbye to this girl.

As to the other question, I do not have any other children except to the two in college living with me.

I'm not clear why you feel you "can't get a fiance visa period" Do you meet the 125%? I don;t think anyone has said having a tax lien will exclude you from trying for the Visa.

You have two other options

Marriage

Tourist Visa

Most likely a B-2 will be denied, but you can file a many times as you want, it's not terribly expensive. And people do get approved, just not very often.

[Michael222 0]

I'm not clear why you feel you "can't get a fiance visa period" Do you meet the 125%? I don;t think anyone has said having a tax lien will exclude you from trying for the Visa.

You have two other options

Marriage

Tourist Visa

Most likely a B-2 will be denied, but you can file a many times as you want, it's not terribly expensive. And people do get approved, just not very often.

Yes I meet the 125%. I just read within this thread someone saying the tax lien will be held against my income. And I only asked that because I heard that from a visa consultant.