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My US citizen husband did not file his taxes in 2013 - he was laid off that year and collected his unemployment. However, we got a letter in the mail from

the IRS this week stating that he owes $5000 for that year and must file before the end of october. My question is, will this affect my AOS in any way? We have not mailed our packet in yet and I am nervous that the money owed will cause an issue. 

 

Sidenote: he has been employed ever since and has filed taxes ever year except that one and exceeds the financial requirements to sponsor me.

 

Any input is appreciated! Thanks.

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It's not a cause for a denial in any way. But the debt can be considered for the public charge concern / I-864 sponsorship. Getting it paid - or making a payment plan with the IRS - and providing documentation of that would be prudent IMO.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I don't think it will have a negative impact since your husband owes the back taxes.  But I found this article which might be of help: https://www.avvo.com/legal-answers/does-owing-taxes-to-irs-affect-my-green-card-proce-1053434.html


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
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  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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5 minutes ago, geowrian said:

It's not a cause for a denial in any way. But the debt can be considered for the public charge concern / I-864 sponsorship. Getting it paid - or making a payment plan with the IRS - and providing documentation of that would be prudent IMO.

 

4 minutes ago, missileman said:

I don't think it will have a negative impact since your husband owes the back taxes.  But I found this article which might be of help: https://www.avvo.com/legal-answers/does-owing-taxes-to-irs-affect-my-green-card-proce-1053434.html

Thank you both! We will try to get set up on a payment plan asap

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Before you set up a payment plan I would talk to a CPA or Tax expert on the matter. Make sure the IRS is right, and they may be able to get the amount owed reduced, and help give him advice on what to do. The IRS can really become a pain. They must have just caught the mistake, because if he has been getting refunds since 2013 or not having to pay he has been lucky. Most of the time the first time you realize you owe them money is when you file taxes and they keep your refund. A lot of that 5000 owed may be penalty and interest also, and you can usually get them to waive most of that so it might not be too bad. People don't think about it most of the time when you collect unemployment they don't take taxes out of it, so it is your responsibility to make sure any taxes on the unemployment get paid.  Most of the time you are not on unemployment too long, and when you get your next job they are taking out taxes again so it kinda evens things out for the whole tax year.

 

Good luck and I think it will be an easy fix, but I would ask a Tax person. If it was a few hundred bucks I would just say pay it and move on, but 5k is a decent chunk of money.

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3 minutes ago, Loren Y said:

People don't think about it most of the time when you collect unemployment they don't take taxes out of it, so it is your responsibility to make sure any taxes on the unemployment get paid.

In some states (like mine), you can choose to have them take out the taxes as you go or owe it at the end of the year.

But yes, make sure they are paid...the IRS always gets their money. It might be years later and you may have even passed away by the time they notice it, but they'll get the money.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 10/25/2018 at 3:46 PM, mxo88 said:

My US citizen husband did not file his taxes in 2013 - he was laid off that year and collected his unemployment. However, we got a letter in the mail from

the IRS this week stating that he owes $5000 for that year and must file before the end of october. My question is, will this affect my AOS in any way? We have not mailed our packet in yet and I am nervous that the money owed will cause an issue. 

 

Sidenote: he has been employed ever since and has filed taxes ever year except that one and exceeds the financial requirements to sponsor me.

 

Any input is appreciated! Thanks.

Was there any other year? 2013 is more than 3 years ago, usually the IRS only goes back 3 years unless they've investigating the last 5 years where taxes wasn't paid.

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