GC petitioner hasn’t paid taxes

[VikiV 2]

Hi,

 

my fiancé hasn’t paid taxes and I know you need to send the tax return with application for gc. I’m wondering if an installment plan from IRS would be sufficient or if there is another way how to prove you are going to pay the taxes eventually. 

Has anybody been in the same situation?

 

Thank you for your help.

Edited August 7, 2019 by VikiV
Specification of topic

[Marieke H 2,519]

He needs to have tax returns, which means he has to have filed his taxes. Having paid his taxes is not a requirement, as long as he has filed. Of course, setting up a payment plan is always a good idea. 

[VikiV 2]

Thank you Marieke. He didn’t even file the taxes. I assume that then it might not be possible for him to petition for GC for me, is that right? Or would a payment plan help even in this case?

[aleful 1,905]

hi

 

for a payment plan he has to file taxes, the tax preparer will let him know if he owes the IRS, then he can get a payment plan afterwards

 

 

[VikiV 2]

2 minutes ago, aleful said:

hi

 

for a payment plan he has to file taxes, the tax preparer will let him know if he owes the IRS, then he can get a payment plan afterwards

 

 

Thank you for your help. We’ll start working on it. I was afraid there is no way around it once you don’t even file the taxes.

[Marieke H 2,519]

42 minutes ago, VikiV said:

Thank you for your help. We’ll start working on it. I was afraid there is no way around it once you don’t even file the taxes.

It's never too late to file. He'll get a penalty for filing late, but it's still possible to file.

[VikiV 2]

8 minutes ago, Marieke H said:

It's never too late to file. He'll get a penalty for filing late, but it's still possible to file.

Thank you, Marieke. I appreciate your help.

[Nitas_man 3,100]

10 hours ago, VikiV said:

Hi,

 

my fiancé hasn’t paid taxes and I know you need to send the tax return with application for gc. I’m wondering if an installment plan from IRS would be sufficient or if there is another way how to prove you are going to pay the taxes eventually. 

Has anybody been in the same situation?

 

Thank you for your help.

Was there a reason the taxes were not filed?

[VikiV 2]

58 minutes ago, Nitas_man said:

Was there a reason the taxes were not filed?

Nope. He didn’t have any exemption or anything like that.

[Nitas_man 3,100]

21 minutes ago, VikiV said:

Nope. He didn’t have any exemption or anything like that.

Does he think he owes taxes?

 

If he’s due a refund he can file late with no penalty

 

[VikiV 2]

1 hour ago, Nitas_man said:

Does he think he owes taxes?

 

If he’s due a refund he can file late with no penalty

 

He owes taxes for three years ever since he was w9. I don’t really understand how that works but we’ll hire someone to do the taxes for him. I was asking here since I wasn’t sure if he’ll be even able to petition for me and I’m glad you helped me. One more question - in your personal opinion, do you think that this whole situation might delay the green card process?

[arken 4,197]

You two aren’t even married. While your fiance sorts out the irs stuffs, you two can start doing what needs to be done for immigration. Marriage first of all if pursuing CR1. No need to wait till Tax returns are fixed. It will be needed lots of months later.

[Marieke H 2,519]

33 minutes ago, VikiV said:

He owes taxes for three years ever since he was w9. I don’t really understand how that works but we’ll hire someone to do the taxes for him. I was asking here since I wasn’t sure if he’ll be even able to petition for me and I’m glad you helped me. One more question - in your personal opinion, do you think that this whole situation might delay the green card process?

It will not delay the process, except for the time it will take to file the taxes so he can complete the Affidavit of Support. 

 

My husband had not filed several years of taxes when we applied for my AOS. I believe it was because of a combination of laziness and being overwhelmed with the forms. We took care of it, he filled out the Affidavit of Support with his newly acquired tax returns, and it was never an issue. 

[VikiV 2]

2 hours ago, arken said:

You two aren’t even married. While your fiance sorts out the irs stuffs, you two can start doing what needs to be done for immigration. Marriage first of all if pursuing CR1. No need to wait till Tax returns are fixed. It will be needed lots of months later.

Thank you. Exactly, we are not even married yet. I’m trying to figure out the best way how to procede with it. My visa expires soon and I don’t think we’ll be able to figure out the taxes before that. However, as you are suggesting we could get married before my visa expires and file for green card after the taxes are sorted, do I understand it correctly?

[VikiV 2]

2 hours ago, Marieke H said:

It will not delay the process, except for the time it will take to file the taxes so he can complete the Affidavit of Support. 

 

My husband had not filed several years of taxes when we applied for my AOS. I believe it was because of a combination of laziness and being overwhelmed with the forms. We took care of it, he filled out the Affidavit of Support with his newly acquired tax returns, and it was never an issue. 

Marieke, I think that my fiance has the same problem - laziness and the paperwork. Thank you very much for your help.