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K.Sam

Worried about my fiancé sponser tax background

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My fiancée who is the USA citizen sponsoring me has only done her tax this last year and the previous years she didn’t because it was cash in hand jobs and it was not much money so she didn’t realise she had to file her own tax she thought her employer did that. I’m wondering if, despite the fact she earns great money now, having a lack of tax records could get in the way of me being approved for a k1 visa? We are nervous about it now. 

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It's not an issue for the K-1 itself as only current income and/or the most recent year's tax return is typically necessary for the I-134.

 

For AOS (after arrival in the US on the K-1 visa) to get the green card, she must have filed federal tax returns for at least the previous 3 years (so long as her income was above the minimum threshold to file).

Sounds like she needs to start filing the back returns.

Failure to file and failure to pay taxes are an IRS issue, but each have a penalty involved that only gets worse over time.

 

31 minutes ago, K.Sam said:

because it was cash in hand jobs

You might want to watch your wording 🤣


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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She said she may have the last two years but the job before that she didn’t make any money as it was her own business in music and had zero income and she lived off her parents hand outs for a year while she focused on music. So if there’s nothing to file that would be fine for that year right?!! Some jobs before that were minimum wage cash in had roles that she believes were way below the taxable income .

 

 

oh and we are lesbians so I don’t care about the typo cause we don’t touch men ahahaha 

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For the year her income was below the minimum required to file, she could mark that she didn't file for that year and state that her income was below filing thresholds on the form (or in an attachment). Not an issue.

 

Just note that the affidavits won't be needed until the interview (for the K-1) and again for AOS (after marriage in the US). It will most likely be at least 2020 before you get to the I-864 for AOS (where the 3 past years being filed is required). So the tax years would likely be 2019, 2018, and 2017. Based on what you said, the year she didn't file shouldn't even be a concern anymore.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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15 minutes ago, K.Sam said:

She said she may have the last two years but the job before that she didn’t make any money as it was her own business in music and had zero income and she lived off her parents hand outs for a year while she focused on music. So if there’s nothing to file that would be fine for that year right?!! Some jobs before that were minimum wage cash in had roles that she believes were way below the taxable income .

 

 

oh and we are lesbians so I don’t care about the typo cause we don’t touch men ahahaha 

There never was a reference to anything to do with the LGBTQ community from @geowrian answer. He/she was letting you know that jobs that are "cash in hand" jobs are taxable income. If you file a for a tax year and do not divulge that income you are now creating tax fraud. Just saying.

 

BTW, the US IRS is not bias to where their money comes from.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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7 minutes ago, Greenbaum said:

There never was a reference to anything to do with the LGBTQ community from @geowrian answer. He/she was letting you know that jobs that are "cash in hand" jobs are taxable income. If you file a for a tax year and do not divulge that income you are now creating tax fraud. Just saying.

 

BTW, the US IRS is not bias to where their money comes from.

That's not what @geowrian was referring to...

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1 minute ago, Teemo said:

That's not what @geowrian was referring to...

Then what was he referring to?


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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To everyone saying nobody said anything bad about lgbtq, I never said that anyone did! Lol!!

 

Some commented that I should have done a spell check because me writing “cash in hand  jobs” looked funny / insinuating the sexual meaning. And I laughed it off saying well we are lesbians anyway so whatever..  get me? ;) I’m having fun with it.  Miscommunications guys x 

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1 minute ago, Greenbaum said:

Then what was he referring to?

You've missed the joke 3 times now. He said watch your wording (with a crying with laughter emoji) because she said cash in "hand jobs." Hence the lesbian reply. 

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14 hours ago, Teemo said:

You've missed the joke 3 times now. He said watch your wording (with a crying with laughter emoji) because she said cash in "hand jobs." Hence the lesbian reply. 

Thanks for the explanation. Some of old timers are not well versed in that territory and we sometime, as I just did, missed the punch line. :thumbs:


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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7 hours ago, Greenbaum said:

Thanks for the explanation. Some of old timers are not well versed in that territory and we sometime, as I just did, missed the punch line. :thumbs:

Awww Greenie.   ❤️

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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