I-134, Owe taxes to Fed / State

[Ecoast74 0]

Hello:

I just did my taxes as my fiancee will have the interview soon and wanted to be ready with most updated taxes. It appears that i have to pay about 4.5K in taxes for both Fed & State. I am not in a position to pay them upfront but planning to pay them with an installment plan. Is this cause any troubles with Embassy?

Any insight will be very helpful.

Thanks a lot!

[Jason_Do 7]

Very good question. But i dont have an answer to that. Hope someone will come and give u an answer. Good luck

[Barbara J 115]

Hello:

I just did my taxes as my fiancee will have the interview soon and wanted to be ready with most updated taxes. It appears that i have to pay about 4.5K in taxes for both Fed & State. I am not in a position to pay them upfront but planning to pay them with an installment plan. Is this cause any troubles with Embassy?

Any insight will be very helpful.

Thanks a lot!

You have no time line ggrrr I would say as long as you documented all this it should be fine but am sure someone with more knowledge of taxes will help. . My husband has been hit with those bills the last few years as a single man but this year we get money back yay!!!

Edited February 7, 2011 by Barbara J

[Ray-J 2]

While I haven't had any dealings with any embassy (yet), I don't see how this could pose any problems. From what I've seen from some of the questions that others have posted about questions asked during interviews, tax info is never one of them. The only thing I would say is that to not volunteer any information that is not asked for. That's how I was able to get my current job. lol

[US_SL 2]

You have no time line ggrrr I would say as long as you documented all this it should be fine but am sure someone with more knowledge of taxes will help. . My husband has been hit with those bills the last few years as a single man but this year we get money back yay!!!

This applies to me too...Eager for an answer from someone...In my case, i can't file for K-1 if we are married...

Edited February 7, 2011 by Go Green

[Barbara J 115]

This applies to me too...Eager for an answer from someone...In my case, i can't file for K-1 if we are married...

You are married? Your timeline says K1 approved?

[YuAndDan 153]

This has to do with I-134, MOVING to Embassy/Consulate forum.

The consulate is only concerned with INCOME and if you can support an immigrant, they look at income before tax, and are not concerned with taxes owed.

[Jason_Do 7]

The consulate is only concerned with INCOME and if you can support an immigrant, they look at income before tax, and are not concerned with taxes owed.

I heard some said that if u owed tax, you can not file petition?! is this true? If that the case then who is in charge or authority has the power to stop you filing the petition?

The USCIS, NVC, or consulate? And can you tell at what stage of the petition process they will do so?

[YuAndDan 153]

I heard some said that if u owed tax, you can not file petition?! is this true? If that the case then who is in charge or authority has the power to stop you filing the petition?

The USCIS, NVC, or consulate? And can you tell at what stage of the petition process they will do so?

?? Never heard of that one, and been involved in this board and another for going on 5 years.

[JimVaPhuong 4,863]

I heard some said that if u owed tax, you can not file petition?! is this true? If that the case then who is in charge or authority has the power to stop you filing the petition?

The USCIS, NVC, or consulate? And can you tell at what stage of the petition process they will do so?

There is nothing in immigration law that allows them to refuse to accept and approve a petition if the petitioner owes taxes. However, a sponsor is required to have filed tax returns. Owing money to the IRS isn't usually a problem unless you have a tax lien, in which case they can offset the income you declare on the affidavit of support by the amount of taxes owed.

[Jason_Do 7]

There is nothing in immigration law that allows them to refuse to accept and approve a petition if the petitioner owes taxes. However, a sponsor is required to have filed tax returns. Owing money to the IRS isn't usually a problem unless you have a tax lien, in which case they can offset the income you declare on the affidavit of support by the amount of taxes owed.

Thanks for promptly reply, another question gotten in my mind if its ok for me to ask.

_ I haven't do 2010 tax yet, but i asked the lawyer who doing my i-130 case that how much in estimation that i might have to pay IRS for 2010. He said around 6-8k, now, that's is a huge amount to me. He also said that he would help me to request an installment payment plan like the thread starter. This is just an estimate that i have to pay, don't know the exact number yet. But if i have to pay installment, will anything happen to the case or might as well delaying?

_ I only worked part time in 2009 with total earned of around 2k that year. My employer did not give me the 1099 form for me to file tax, and i was thinking that amount of earning would not required for me to file, so i did not do the tax for 2009. To give it clear and easy to understand, basically i did not file 2009 tax. Can my employer give me another 1099 form for 2009 so that can file a make up? If that is not the option, then how could i have the 2009 tax return record with IRS, so it wouldn't break my 3 straight years of tax return?

[JimVaPhuong 4,863]

Thanks for promptly reply, another question gotten in my mind if its ok for me to ask.

_ I haven't do 2010 tax yet, but i asked the lawyer who doing my i-130 case that how much in estimation that i might have to pay IRS for 2010. He said around 6-8k, now, that's is a huge amount to me. He also said that he would help me to request an installment payment plan like the thread starter. This is just an estimate that i have to pay, don't know the exact number yet. But if i have to pay installment, will anything happen to the case or might as well delaying?

_ I only worked part time in 2009 with total earned of around 2k that year. My employer did not give me the 1099 form for me to file tax, and i was thinking that amount of earning would not required for me to file, so i did not do the tax for 2009. To give it clear and easy to understand, basically i did not file 2009 tax. Can my employer give me another 1099 form for 2009 so that can file a make up? If that is not the option, then how could i have the 2009 tax return record with IRS, so it wouldn't break my 3 straight years of tax return?

Is this an immigration lawyer, a tax lawyer, or a jack-of-all-trades lawyer?

The IRS is usually willing to set up an installment payment plan with a taxpayer who owes them money. On it's own, the installment payment plan shouldn't cause any problems with the affidavit of support because it's unlikely the consulate or USCIS would even know about it. However, the IRS can file a tax lien against a taxpayer who enters into an installment payment plan as a precautionary measure to protect the US government's interest against other creditors you might owe money to. In other words, they want to make sure they are first in line to get your money, and a lien would prevent other creditors from being awarded any money or property from you in a debt settlement before the IRS got theirs. A consulate or USCIS usually would find out about a tax lien.

http://www.irs.gov/businesses/small/article/0,,id=156498,00.html

If your net earnings from self-employment were more than $400 then you are required to file a tax return. You can file a late return for 2009. You'll have to pay a late filing penalty. If you owe any taxes for that year then you'll have to pay those taxes, as well as a late payment penalty, plus interest.

[Jason_Do 7]

_My lawyer has his office where also a gather of other lawyers, each was profession at different practices including tax, immigrant, bankruptcy....etc..

_According to your answers, the IRS may or may not give a tax lien against me? That means it also stay on my credit report for 10 years?! then later the consulate if see the tax lien they will reject my petition?

_I wasn't self employed, i worked at my wife's cousin shop. She did not give me the employment 1099 form to file my tax. What should i do in this situation? Like you said to file a late self employed tax return for 2009?

[Tim/Mav 305]

I believe if you have set-up a payment arrangement for owed taxes and keep solid proof of payments made by you, it will not be an issue and/or maynot even come up.

[JimVaPhuong 4,863]

_My lawyer has his office where also a gather of other lawyers, each was profession at different practices including tax, immigrant, bankruptcy....etc..

_According to your answers, the IRS may or may not give a tax lien against me? That means it also stay on my credit report for 10 years?! then later the consulate if see the tax lien they will reject my petition?

_I wasn't self employed, i worked at my wife's cousin shop. She did not give me the employment 1099 form to file my tax. What should i do in this situation? Like you said to file a late self employed tax return for 2009?

The consulate can't reject your petition. They don't have that authority. What they can do is reject your affidavit of support as being insufficient. What they can do is deduct the amount of the lien from your declared income. If you're still comfortably above the 125% income threshold then it's unlikely they would reject the affidavit of support. A tax lien doesn't disqualify you as a sponsor, but it can affect how a consular officer determines your income.

If you weren't self-employed then you should receive a W2 rather than a 1099, and your employer should have withheld income and payroll tax payments from your pay. There are other statutory requirements an employer must meet when they have employees. Some employers prefer not to have to meet those requirements, so they treat each employee as an independent contractor, which means the employee is self-employed. Talk to your wife's cousin. If she didn't meet the statutory requirements for you to be considered an employee then she'll probably want to give you a 1099. If she did meet the statutory requirements then she'll probably want to give you a W2. It's also possible she'll give you a hard time about giving you any sort of IRS income statement. She may not have recorded your pay in her books, and she would have been required by law to provide your W2 or 1099 before the end of January, 2010.

Anyway, if you were a W2 employee in 2009 with earnings under around $9000 then you would not have been required to file a return. If you were a 1099 employee in 2009 then you were self-employed, and you'd have to file a return if your receipts were over $400.