Owing taxes before petitioning

[Stephen + Elisha 92]

I owe about $2800 in taxes and payment will not be on-time, however payment will be made in due time. I have not yet filed for my fiance's K1 visa. Will this affect the process or will i absolutely have to pay them before filing?

As long as you have not incurred a tax lein, you will be fine. It will not affect the petition in any case BUT it could affect you at the consulate level. If you have a tax lein of $2800 they will deduct $2800 from the calculation of your income on the I-134 which could cause tyou to be ineligile to sponsor. Get a payment plan in place.

I had a tax lein, and my wife got 221g at the interview because of it. The amount I owed put me below the guidelines.

Also, I was on a payment plan and it didn't matter.

Thank you Daboyz. Your experience in the matter has been helpful to the OP.

I stand corrected and apologize for my rush to judgment.

Edited September 15, 2009 by Stephen + Elisha

[geezer 1]

I owe about $2800 in taxes and payment will not be on-time, however payment will be made in due time. I have not yet filed for my fiance's K1 visa. Will this affect the process or will i absolutely have to pay them before filing?

It depennds on the consulate. I know a couple who had an outstanding $23000 federal tax lein and they sailed through Manila a few weeks ago no questions asked with a I-864 showing income of $23000.

[Ninjam 1]

I see, thanks for the information guys! Raw deal Daboyz... is a 221g a serious problem? So.. This wont affect the _petition_ process, only the interview several months after approval? Also, having a co-sponsor eliminates this problem altogether correct?

[Gary and Alla 3,694]

I see, thanks for the information guys! Raw deal Daboyz... is a 221g a serious problem? So.. This wont affect the _petition_ process, only the interview several months after approval? Also, having a co-sponsor eliminates this problem altogether correct?

I have not seen any instances where it affected the petition. A 221g can be (often is) the consulate version of the RFE. (can be worse though) Generally it means something is missing from your package. In cases such as Daboyz's, when the tax lein "drew down" his income to below the level required, he "lacked" a qualified sponsor. Yes, having a co-sponsor can eliminate this problem, BUT Bangkok does not allow co-sponsors for K-1 visas. (Daboyz was a CR-1 if I recall correct) So check to see if your consulate allows this. Also if your income is still adequate after deducting for the tax lein, then it is a non-issue for you (and as mentioned at least one consulate overlooked at least one case but counting on such would not be a good plan.)