Petitioner has no tax records

[Roel 7,191]

1 minute ago, Mollie09 said:

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

Her husband still would need to show his taxes. 

[jojotica 39]

2 minutes ago, Mollie09 said:

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

Only have another financial sponsor.the primary sponsor is my husband.

[Russ&Caro 1,548]

There are many reasons why someone might fail to file their US tax returns. I personally tread lightly on calling such a failure irresponsible, perhaps because I failed to file my returns for a 3-4 year stretch in my life. There's nothing like a marriage and especially a marriage with immigration benefits involved to focus a person's attention on getting his/her financial life together.

[jskibo 588]

Wasn't there something about if you owe the IRS and are not current on a payment plan they can halt the process?  Thought I remember something to that effect, but I'm old and could be failing memory.

[Hikerwa 28]

1 hour ago, jskibo said:

Wasn't there something about if you owe the IRS and are not current on a payment plan they can halt the process?  Thought I remember something to that effect, but I'm old and could be failing memory.

I had read that as well, they could halt the process, it may be discretionary. I had to file a past year that I failed to file so that my wife would be able to present the taxes for a that year, and I was able to go to my local IRS office and have them officially stamp them as filed, I then provided those. They were accepted. I also had a payment plan with the IRS and I provided that as well. 

[geowrian 22,335]

Failure to file taxes won't "halt" any immigration process.

But if you don't have them when they are needed, such as at the NVC stage for an immigrant visa, then you won't be able to proceed until that is resolved.

 

Owing back taxes can be part of the consideration of the CO for the public charge concern. Having a good payment plan in place has worked for people. Having no plan and owing a bunch of money would be pretty unfavorable in that decision.

Edited May 2, 2019 by geowrian

[carmel34 3,529]

5 hours ago, jojotica said:

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?

If you're at the NVC stage, uploading your documents and those of sponsors and co-sponsors, you have up to one year to complete the process.  No tax returns, no visa, unless his income was so low that he was not required to file, in that case a letter of explanation for those years will suffice, with evidence of what his income was.  Sounds like he will need to file, at least the past three years, in order to submit the required documents to NVC.  Hopefully he can do that as quickly as possible, maybe e-file or find a fast tax return service to speed up the process.  He should read the I-864 instructions very carefully to determine which documents are required, and which are recommended.  Good luck!

[Ivie & Eguagie 119]

8 hours ago, jojotica said:

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?

Explain in a letter why no taxes was filed. And if he is going to file just file this year . And send in current employment letter and check stubs. And it will be just fine. 

[Texas stylist 63]

12 hours 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.

I showed my friend this comment that is a certified public account and also was employed for the IRS for 20 years. It is not uncommon for people to not file taxes if they know they do not owe and is expecting a refund. He said he had a client that didn’t file for 7 years because each year he was owed money back and the IRS is not rushing to give refunds they are only rushing to collect. His customer save all those years to take a 3 month sabbatical because he was owed a total of 18,000 in 7 years. 

[geowrian 22,335]

57 minutes ago, Texas stylist said:

I showed my friend this comment that is a certified public account and also was employed for the IRS for 20 years. It is not uncommon for people to not file taxes if they know they do not owe and is expecting a refund. He said he had a client that didn’t file for 7 years because each year he was owed money back and the IRS is not rushing to give refunds they are only rushing to collect. His customer save all those years to take a 3 month sabbatical because he was owed a total of 18,000 in 7 years. 

Sounds like he needlessly left a lot of money on the table.

 

I would imagine most people not filing would be those who believe they either have no refund or owe taxes.

[Amadia 711]

13 hours ago, Ivie & Eguagie said:

Explain in a letter why no taxes was filed. And if he is going to file just file this year . And send in current employment letter and check stubs. And it will be just fine. 

If 3 years of tax returns are required, and OP's spouse did not file taxes just because, how exactly is he going to explain that in a letter and have it be "just fine" with filing for only 1 year?

 

If a petition is filed for spouse visa, the primary sponsor needs to be the US spouse. If the US spouse cannot sponsor for viable reasons, then they still fill out the Affidavit of Support with a co-sponsor or joint sponsor explaining reason(s) why they are not able to sponsor the beneficiary spouse.

 

[geowrian 22,335]

13 hours ago, Ivie & Eguagie said:

Explain in a letter why no taxes was filed. And if he is going to file just file this year . And send in current employment letter and check stubs. And it will be just fine. 

When they answer question #23 on the I-864 ("Have you filed a Federal income tax return for each of the three most recent tax years?") with "No" and do not have/provide an explanation as to why they were not required to file, the I-864 will not be accepted.

Edited May 3, 2019 by geowrian

[pushbrk 12,106]

 

On 5/2/2019 at 10:46 AM, jojotica said:

 

 

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

 

I haven't read the entire discussion but wanted to address this point only.  You, as the visa applicant, say YOU have found a joint sponsor.  If your semantics are correct, this can be a problem.  If, in fact, it is your spouse, the petitioner who has found a joint sponsor, that's different.  WHY the joint sponsor is willing to take on this obligation can be an issue.  If they are tied to YOU, and not the petitioner, it could be problematic.  Please clarify the relationship of the joint sponsor to each of you.