Not filing U.S. taxes for years- complications for visa process?

[Cindo and Joe 0]

O.K., the information i've been getting from you guys has been OUTSTANDING and I want to say thank you again. I have a serious question now:

My heart is pounding at this moment because I am very nervous about the government refusing a K-3/CR-1 for my soon-to-be-spouse if we decide to move back to the U.S., or also a refusal for me to immigrate to Canada based on the situation.

I have not been very good with the IRS ever since I've turned 18.

I am currently 25, and have only filed 1 or 2 extensions with the IRS- I am aware that I will owe back taxes.

My only excuse for not filing my taxes is- having low income and being young and irresponsible.

I want to get my life back on track during the process of immigration, I want to pay my taxes and get everything straight. I'm not trying to run away from the problem!

Is there a possibility we will be denied for my soon-to-be-spouse to immigrate to the U.S.? Can I be denied immigrating to Canada?

I'm starting to feel that it would be best for us to just move back to Los Angeles A.S.A.P. while she is on a Visitor Visa and I will start working at my old job (they want to re-hire me if i return) and fixing my taxes right away. Then get married and file for an AOS on her visitor visa (the sketchy way). This way I will have already started to fix my tax problem....

Thanks....I'm scared for the answer.

-Joe

Edited May 6, 2009 by Cindo and Joe

[trailmix 77]

Hi,

No need to be scared at all.

First of all are you sure you even owe back taxes? You mention that you had low income. There is actually a threshold set every year. If you make under that dollar amount (and granted it is pretty low) you are not even required to file at all.

As an example (and you have to look up the amount for each year) - for 2008 I believe that amount is $8,950. Now granted you won't receive any credits either - but there you go.

Your relationship with the IRS is of no importance to USCIS or immigration Canada - however - in order to file you are eventually going to have to produce at least the most recent tax year return and should have the last 3 available really - or a note documenting that you were not required to file - for whatever (legitimate) reason, like low income.

One other thing I would recommend - call the IRS - explain your situation - they may not even require that you go back and file all of the missing returns (perhaps just the last 3 years for instance).

Edited May 6, 2009 by trailmix

[rin and john 71]

First, get your taxes in order. You'll need to submit them with either a K-1, K-3, CR-1, or AOS application. I would suggest you talk to a tax consultant or lawyer regarding the delinquency. If you cannot afford the assistance, your local tax advocate office may be able to help. A few useful links:

http://www.irs.gov/newsroom/article/0,,id=108654,00.html

http://www.irs.gov/businesses/small/articl...=108326,00.html

http://www.irs.gov/advocate/

VJ member Daboyz had an issue of owing back taxes, but had a payment plan approved by the IRS. So long as you have addressed the problem and are taking the appropriate corrective actions with the IRS, you most likely will be approved for the visa.

Best of luck!

[rin and john 71]

Hi,

No need to be scared at all.

First of all are you sure you even owe back taxes? You mention that you had low income. There is actually a threshold set every year. If you make under that dollar amount (and granted it is pretty low) you are not even required to file at all.

As an example (and you have to look up the amount for each year) - for 2008 I believe that amount is $8,950. Now granted you won't receive any credits either - but there you go.

Your relationship with the IRS is of no importance to USCIS or immigration Canada - however - in order to file you are eventually going to have to produce at least the most recent tax year return and should have the last 3 available really - or a note documenting that you were not required to file - for whatever (legitimate) reason, like low income.

One other thing I would recommend - call the IRS - explain your situation - they may not even require that you go back and file all of the missing returns (perhaps just the last 3 years for instance).

This is not true. Members on here have had their application put on hold until they can prove that they are making good on their taxes. When VJ member Daboyz's fiancee went for her interview (OK it's the state dept, not USCIS) the CO knew exactly how much he owed in back taxes. Once he demonstrated that the issue was resolved and that he had a payment plan the visa was approved.

[trailmix 77]

This is not true. Members on here have had their application put on hold until they can prove that they are making good on their taxes. When VJ member Daboyz's fiancee went for her interview (OK it's the state dept, not USCIS) the CO knew exactly how much he owed in back taxes. Once he demonstrated that the issue was resolved and that he had a payment plan the visa was approved.

Hmm well who knew!

I noticed in Daboyz's instance his debt to the IRS put him below the poverty line. Seems to me that would be a very rare occurance (the CO taking debt in to account), but certainly something to be aware of.

[Emancipation 2]

Hubby owed back fed. taxes when we interviewed.. he had filed though.. that could have made a difference.. had a few thousand dollars in debt to uncle Sam which has since been paid off. He had a payment plan in place, and thanks to the stimulus package (which since we filed jointly -they took my portion too ), it's all been squared away now..

It never came up during our process.. but again the difference was the taxes were filed of course.

Edited May 6, 2009 by Emancipation

[trailmix 77]

Hubby owed back fed. taxes when we interviewed.. he had filed though.. that could have made a difference.. had a few thousand dollars in debt to uncle Sam which has since been paid off. He had a payment plan in place, and thanks to the stimulus package (which since we filed jointly -they took my portion too ), it's all been squared away now..

It never came up during our process.. but again the difference was the taxes were filed of course.

According to the post by Daboyz, he has a payment plan in place, once he showed them that it was good:

Dear Mr. Scott

During the interview, the applicant submitted only 5 photos, some money

transfers, 2 cards. Your 2007 income is above the poverty guidelines,

but the consular officer has noted an IRS lien of 11K from JUN 2008,

which would bring the income to below poverty guidelines. Thus, in

order to process the case, the applicant needs to submit more

substantial evidence of relationship and information about the lien.

Regards,

Correspondence Unit

[Cindo and Joe 0]

Well, just got off the phone with a Tax-accountant I had begun to work with a year ago. I had given a $700 deposit for them to begin filing everything, preparing deductions/write-offs, etc. but I had left the country before we finished the process. (He has all my w-2's etc). Was planning on finishing the process when I returned to America but... I had no idea I would be meeting such a wonderful person while I was on my trip!!

He will be mailing me the return/finished paperwork to my soon-to-be-spouse's address here in Canada within the month.

Do you guys think that this is all I will need as proof that I'm in the process of fixing my taxes for when I file for immigration to the U.S. or if I decide to immigrate to Canada?

Going on 7 years without filing!

Thanks again, your posts inspired me to get my things taken care of... I feel much better now.

Have a great day!

-Joe

[trailmix 77]

When you file the affidavit of support for U.S. immigration you must present at least the most recent tax year and should have 3 available (completed). So technically there is no reason why you couldn't get the ball rolling - don't need the returns to get started (filling the I-130)

As for Canadian immigration they REALLY don't care about your relationship with the IRS.

Edited May 6, 2009 by trailmix

[warlord 73]

Hi,

No need to be scared at all.

First of all are you sure you even owe back taxes? You mention that you had low income. There is actually a threshold set every year. If you make under that dollar amount (and granted it is pretty low) you are not even required to file at all.

As an example (and you have to look up the amount for each year) - for 2008 I believe that amount is $8,950. Now granted you won't receive any credits either - but there you go.

Your relationship with the IRS is of no importance to USCIS or immigration Canada - however - in order to file you are eventually going to have to produce at least the most recent tax year return and should have the last 3 available really - or a note documenting that you were not required to file - for whatever (legitimate) reason, like low income.

One other thing I would recommend - call the IRS - explain your situation - they may not even require that you go back and file all of the missing returns (perhaps just the last 3 years for instance).

This is not true. Members on here have had their application put on hold until they can prove that they are making good on their taxes. When VJ member Daboyz's fiancee went for her interview (OK it's the state dept, not USCIS) the CO knew exactly how much he owed in back taxes. Once he demonstrated that the issue was resolved and that he had a payment plan the visa was approved.

I agree, it is important to USCIS if someone hasn't paid their taxes. People get denied citizenship at the interview for not paying their taxes since being a permenant resident. I know this isn't a citizenship interview, but USCIS is interested in a persons tax history as not paying them is illegal.

There is one thing having to owe back taxes and a compeletly different thing of not even submitting taxes at all. Even outside the US all US citizens are required to file for US tax forms wether they have to pay or not...

Edited May 6, 2009 by warlord

[trailmix 77]

I agree, it is important to USCIS if someone hasn't paid their taxes. People get denied citizenship at the interview for not paying their taxes since being a permenant resident. I know this isn't a citizenship interview, but USCIS is interested in a persons tax history as not paying them is illegal.

There is one thing having to owe back taxes and a compeletly different thing of not even submitting taxes at all. Even outside the US all US citizens are required to file for US tax forms wether they have to pay or not...

Not all U.S. citizens that live abroad have to file, if they fall under the file dollar limit they don't have to.

Edited May 6, 2009 by trailmix

[Reba 2]

Canadian Immigration *may* care about his US tax situation if it were to escalate into a legal proceedings, with charges filed if he owed enough money to the IRS for them to send Guido out looking for him.

[trailmix 77]

Canadian Immigration *may* care about his US tax situation if it were to escalate into a legal proceedings, with charges filed if he owed enough money to the IRS for them to send Guido out looking for him.

Or if he took his uncompleted tax returns to the front steps of the IRS main building and burned them while chanting.

[Reba 2]

ooooooooo, we could make s'mores!

[Cindo and Joe 0]

ooooooooo, we could make s'mores!

Maybe we can invite Ron Paul?