paying back taxes in installment basis

[Ms. Serendipity 0]

Hello to All,

My husband and I are married for almost 2 yrs now, but we haven't been able to file for our K3 visa coz of my husband's back taxes for 2004, 2005 and 2006. My husband did file his ITR for the past years last Nov 2007 and he received a letter from IRS computing the total amount for his back taxes w/c is around $4,000. My husband's initial plan is to file Offer in Compromise (OIC) but since we do not know if IRS will approve his OIC, my husband finally decided to pay it in installement basis. Now the plan is, once that installment payment started, my husband will file our K3 application. My question is, are there anybody here who experienced or experiencing the same situation when petitioning their fiance or spouse? Does anybody know what kind of chances that my husband and I have doing this journey for K3? Do you think this is candidate for denial?

I am a bit worried that we might get deny over this. The reason why my husband was not able to pay his taxes that time was becoz he was self employed, then worked on a commission basis, and now he have a job but its just over the poverty income level. I mean its not a high-paying job.

Thank you.

Ms. Serendipity

[tzeksman 0]

Dont quote me on this but i asked the same question to someone awhile back and they told me that the owing of back taxes shouldnt effect the approval or denial per say of your visa, the person i talked to was not an immigration attorney but work for the the government in an Immigration position (not sure which he last held) for 40 years and is now retired. He said basically when you submit the affidavit of support they are looking at the numbers and assets to ascertain that the benificiary will not become a charge of the state, and what you owe or do not owe the IRS is completely between yourself and them. In other words they arent going to say, "ok so you owed 4000 dollars to the IRS for 2006 we'll have to call them and make sure your all paid up." Its two seperate completely different huge goverment bureaucracies. I could be competely off base on this but thats how I understand it, or at least how it was explained to me. SO i'd tell him to file that K-3 ASAP so you can get started in the process and ur time apart will be minimal

Edited February 23, 2008 by tzeksman

[*JG* 2]

I did not think back taxes effected anything either. I would think that was especially so if he was working with them to pay the total down.

[LOSTGURL--SOPHIA 2]

I did not think back taxes effected anything either. I would think that was especially so if he was working with them to pay the total down.

sorry for my ignorance! so will it affect the visa processing with the consulate? ok lets say. my husband is a working student ( middle school + doing part time work with his mom and his uncle who owns a bussiness) and since below of income did not file any taxes at all. from 2004-2007.

what are the options for me? im already in the NVC processing my lawyer had my ds230 and i-864 forms and other records of us ( marriage & birth certificate, police and national bureau of investigation clearance, passport )? :help:

[Ms. Serendipity 0]

Thanks a lot for the replies. I really appreciate it. I know my husband and I will make it through. Goodluck to all of us!