When to file i130

[nolanjoy1123 0]

My husband has an outstanding of four year unpaid taxes. I dont want to risk applying for i130 for me and my daughter if application will be denied due to red flag. 
 

does he need to pay full his taxes or 3 years of payment for taxes with outstanding unpaid of four years will just be enough for us to be petitioned.

 

 

[appleblossom 4,451]

24 minutes ago, nolanjoy1123 said:

My husband has an outstanding of four year unpaid taxes. I dont want to risk applying for i130 for me and my daughter if application will be denied due to red flag. 
 

does he need to pay full his taxes or 3 years of payment for taxes with outstanding unpaid of four years will just be enough for us to be petitioned.

 

 

 

Which country are you in? Are you planning on adjusting status or doing consular processing? If AoS, what is your visa status?

 

He can file the I-130's, but it's when you get to the visa application part that he'll need to have sorted it by - and if you're AOS'ing then he'll need to do so asap. He doesn't need to have paid in full, but he must be paying them back in instalments and in good standing with the IRS. And presumably he'll need a joint sponsor if he can't afford to sponsor you on his own.

 

If he can't get his taxes sorted asap, then you would probably be better off returning to your home country and applying via consular processing, as that will buy him more time to sort his financial situation out. 

 

Good luck. 

 

Edited Tuesday at 06:39 PM by appleblossom

[JeanneAdil 7,087]

And understand if he included you as spouse on taxes for any year (he can even if you are in foreign country) ,  you are also responsible (liable) for owed taxes

 

you need to know about the IRS Innocent Spouse relief 

 

https://www.irs.gov/individuals/innocent-spouse-relief