Petitioner has no tax records

[jojotica 39]

Hi all, I found out my spouse has not filed taxes for the last three years and we are at the nvc stage. He has started the process for late filing but that may not be completed in time or may significantly delay our process. He did have a job but it was mainly by cheques and he apparently delayed filing until he didn't do it. He just went on staff to a job that deducts taxes a couple months ago.

 

I have found a joint sponsor as I suspect I will need one.

 

How do we go about filing the affidavit of support for my spouse?

 Canthis adversely affect our chances of being approved?

[Just Paul 4,591]

You won't get past the NVC without the petitioner's taxes filed assuming he is required to file.  

[Ben&Zian 4,397]

Even if you use a co-sponsor, your spouse is the primary sponsor, so he will need to fix this with the IRS. If they did not make enough to have to file, you still willl have to be able to show that.

[jojotica 39]

Thanks for the responses. How many years would he have to fix to move the process forward?

Edited May 2, 2019 by jojotica

[Just Paul 4,591]

9 minutes ago, jojotica said:

How many years would he have to fix to move the process forward?

For immigration it is 3 years.   For the IRS it is usually 7 years.

[bakphx1 785]

Well, there are perks that go with paying taxes.  He should file all of the years he hasn’t in 7 years.   If you aren’t a United States Citizen you may not realize that it’s highly irresponsible to not file your taxes for multiple years.  I personally would question  a person’s integrity I was going to marry upon finding this out.

 

Your process may also be delayed because this will probably become a very expensive problem.  I can’t emphasize enough that not paying your taxes for at least 3 years is a big deal.

[jojotica 39]

Thanks for the responses again.

9 minutes ago, bakphx1 said:

Well, there are perks that go with paying taxes.  He should file all of the years he hasn’t in 7 years.   If you aren’t a United States Citizen you may not realize that it’s highly irresponsible to not file your taxes for multiple years.  I personally would question  a person’s integrity I was going to marry upon finding this out.

 

Your process may also be delayed because this will probably become a very expensive problem.  I can’t emphasize enough that not paying your taxes for at least 3 years is a big deal.

Already married if you noted my original post. 

 

At this point just trying to see the alternatives at this late stage. The timeline we got for late filing is about 4 months, so is there other documention he could show instead of the tax document?

[bakphx1 785]

5 minutes ago, jojotica said:

At this point just trying to see the alternatives at this late stage. The timeline we got for late filing is about 4 months, so is there other documention he could show instead of the tax document?

In a word, no. 

 

The only other option is to get a sponsor who’s not your husband.  

[saladboye 166]

11 minutes ago, jojotica said:

Thanks for the responses again.

Already married if you noted my original post. 

 

At this point just trying to see the alternatives at this late stage. The timeline we got for late filing is about 4 months, so is there other documention he could show instead of the tax document?

 

Assuming he was gainfully employed and received a W2 from employer for last 3-7 years AND put in correct deductions, in fact he maybe in a good position as he will likely be getting refund.

 

If he was working as an independent contractor or self employed or anything that does not give W2, he likely owes not only taxes but fines and the interest on said taxes.

 

 

IRS staff is human, talk to them. They say 4 months but is rarely the case. I always get expect a refund in 21 days and like clock work it arrives after 7 days.

Edited May 2, 2019 by saladboye

[jojotica 39]

14 minutes ago, saladboye said:

 

Assuming he was gainfully employed and received a W2 from employer for last 3-7 years AND put in correct deductions, in fact he maybe in a good position as he will likely be getting refund.

 

If he was working as an independent contractor or self employed or anything that does not give W2, he likely owes not only taxes but fines and the interest on said taxes.

 

 

IRS staff is human, talk to them. They say 4 months but is rarely the case. I always get expect a refund in 21 days and like clock work it arrives after 7 days.

Thanks for the insight. He was a contractor as a truck driver so I don't think he has w2. Getting options for a very serious discussion we need to have. I have never not paid my taxes so this is also new for me.

 

Will see if we can get a quicker turn around from talking to someone at IRS.

 

18 minutes ago, bakphx1 said:

In a word, no. 

 

The only other option is to get a sponsor who’s not your husband.  

I have a joint sponsor but someone mentioned my husband also has to have his last three years filed as well.

[saladboye 166]

16 minutes ago, jojotica said:

He was a contractor as a truck driver

That could be 50-50.

 

Was he hired as an independent contractor OR was contracted for X no. of months for work by a staffing agency or by the company itself. Some company hire someone on contract but still give W2 instead of 1099.

 

Ask him:

1. How does he get his health insurance?
   1. If he gets it through work , he likey gets a W2.
   2. If he buys it himself, he likely is IC
   3. If he doesn't have one, expect more fines for not having insurance
2. Did you receive a W2 or an 1099 after each year ?
   1. Employers have deadline of Jan end to give this.
3. Where are all the copies of said document ?
   1. If he cannot find it, ask if he ever had an account for a website with top level domain "adp.com". This is a payroll company that almost all employers use and he can download said copies from there. Another one is Insperity.
4. If not, where is the paystub ?
   1. can be downloaded from payroll sites if has one through work.

 

Here is a dirty trick:

 

Ask him to create an account on SSA https://www.ssa.gov/ (As with good practices, please confirm the URL yourself rather than relying on strangers like me as it requests to input sensitive information) and check his reported earnings and download all bank statments as far as back you can.

1. If it reports he made USD 50,000 in 2018 and his banking statements show deposits totaling of 50,000 from job/checks, it likely means he is a 1099 or independent contractor and that is bad news, as he now owes back taxes, fines and interest on taxes not paid.
2. If it reports he made USD 50,000 in 2018 and his banking statements show deposits totaling of 32,000 from job. it likely means he has a W2 since the employer took out FICA/SS etc and will likely be eligible for refund.

 

Case 1 necessarily means a bad thing, Its just that tax transcript are easy way to verify past income and the latest paystubs to verify current income. Its just that he will now have debt.

Case 2 just means a huge influx of cash from refunds that can go towards savings or whatever u had in mind.

 

 

 

 

 

Edited May 2, 2019 by saladboye

[John & Rose 7,237]

If he earned more than $12,000 is is required to file.  The I-864 requires the income for the last three years BUT only requires the latest transcript.  

[Roel 7,191]

Your husband is your primary sponsor, no matter what. He needs to show his taxes and there is no way around it.

 

Also not filing your taxes is kind of... irresponsibility...

Once you become the green card holder, it's going to be your duty also.

Edited May 2, 2019 by Roel

[jojotica 39]

Thanks for all the helpful answers! I really appreciate them, never expected to be hit with an issue so late in the game.

 

1 hour ago, saladboye said:

That could be 50-50.

 

Was he hired as an independent contractor OR was contracted for X no. of months for work by a staffing agency or by the company itself. Some company hire someone on contract but still give W2 instead of 1099.

 

Ask him:

1. How does he get his health insurance?
   1. If he gets it through work , he likey gets a W2.
   2. If he buys it himself, he likely is IC
   3. If he doesn't have one, expect more fines for not having insurance
2. Did you receive a W2 or an 1099 after each year ?
   1. Employers have deadline of Jan end to give this.
3. Where are all the copies of said document ?
   1. If he cannot find it, ask if he ever had an account for a website with top level domain "adp.com". This is a payroll company that almost all employers use and he can download said copies from there. Another one is Insperity.
4. If not, where is the paystub ?
   1. can be downloaded from payroll sites if has one through work.

 

Here is a dirty trick:

 

Ask him to create an account on SSA https://www.ssa.gov/ (As with good practices, please confirm the URL yourself rather than relying on strangers like me as it requests to input sensitive information) and check his reported earnings and download all bank statments as far as back you can.

1. If it reports he made USD 50,000 in 2018 and his banking statements show deposits totaling of 50,000 from job/checks, it likely means he is a 1099 or independent contractor and that is bad news, as he now owes back taxes, fines and interest on taxes not paid.
2. If it reports he made USD 50,000 in 2018 and his banking statements show deposits totaling of 32,000 from job. it likely means he has a W2 since the employer took out FICA/SS etc and will likely be eligible for refund.

 

Case 1 necessarily means a bad thing, Its just that tax transcript are easy way to verify past income and the latest paystubs to verify current income. Its just that he will now have debt.

Case 2 just means a huge influx of cash from refunds that can go towards savings or whatever u had in mind.

 

 

 

 

 

Really great breakdown! I will check with him right away to get these answers. 

 

A lesson for me and others to always ask about taxes. 😕

[Mollie09 1,543]

57 minutes ago, Roel said:

Your husband is your primary sponsor, no matter what. He needs to show his taxes and there is no way around it.

 

Also not filing your taxes is kind of... irresponsibility...

Once you become the green card holder, it's going to be your duty also.

I could be wrong, but I think the comment about finding another sponsor wasn't about financial sponsorship, but immigration sponsorship. If she had another sponsor for that, the tax issue would be moot, but if it's only her husband then he is the primary financial sponsor regardless