23 year old, spouse abroad, must pay taxes ! HELP

[Darnell 8,478]

K3, right? sorry, it wasn't so clear.

My 2 cents:

1. file all your back tax forms NOW. Get tax transcripts asap.

2. make sure your co-sponser's stuff is pristine.

The tax forms should be self-explanatory - all are available to download from the IRS web site. Study the schedule C, as well (I'm guessing your buddy filled out his schedule C, had some serious deductions ).

Good Luck !

[pushbrk 12,824]

If your fiance receives a K3, she can immediately file for work permission on entry to the USA. It usually takes 2-3 months to receive and then she can apply for a SSN, which takes a few weeks to receive. In my recent personal experience, my husband had all he needed to work legally in about 2.5 months.

She can apply for an SSN approximately 2 weeks after entering the country. This is the time it takes to get her entry record updated on the database they search. You can try before then, but if they can't' find you on the system, tell them you'll come back and don't let them submit an enquiry form because this adds time to the process!

Make sure that your cosponsor is aware of his/her 40 quarter obligation, as the Officer may make a call to this person to verify that he/she truly understands what they are signing up for as a cosponsor. After all, it is a ten-year obligation!

The 40 quarter obligation can be shared, can't it? Namely, if the beneficiary begins work in the second quarter after arriving and remains continuously employed, then the obligation period is reduced to 5 years and 1 quarter (where they would actually have 41 documented quarters as a couple). I'm not sure about this, so will need to research but interested in anyone else's input!

Just a word of caution: While you may be allowed to apply for a SSN on entry with a K3 visa, that does not mean it will granted. Many K3 holders are turned down because the SSA does not feel that they require and/or are eligible for one. Once a spouse obtains work authorization, it is very unlikely that a SSN would not be issued, since there is a clear reason why one is needed.

Also, thanks PB for the clarification on the IR1/CR1. I knew the eligibilty requirements, just not which one was which. My husband and I are waiting until our two year anniversary to adjust status so that he will get the 10 year GC.

An application for SSN will not be accepted from a K3 visa holder until they have either EAD or a green card.

[R de la R 2]

If your fiance receives a K3, she can immediately file for work permission on entry to the USA. It usually takes 2-3 months to receive and then she can apply for a SSN, which takes a few weeks to receive. In my recent personal experience, my husband had all he needed to work legally in about 2.5 months.

She can apply for an SSN approximately 2 weeks after entering the country. This is the time it takes to get her entry record updated on the database they search. You can try before then, but if they can't' find you on the system, tell them you'll come back and don't let them submit an enquiry form because this adds time to the process!

Make sure that your cosponsor is aware of his/her 40 quarter obligation, as the Officer may make a call to this person to verify that he/she truly understands what they are signing up for as a cosponsor. After all, it is a ten-year obligation!

The 40 quarter obligation can be shared, can't it? Namely, if the beneficiary begins work in the second quarter after arriving and remains continuously employed, then the obligation period is reduced to 5 years and 1 quarter (where they would actually have 41 documented quarters as a couple). I'm not sure about this, so will need to research but interested in anyone else's input!

Just a word of caution: While you may be allowed to apply for a SSN on entry with a K3 visa, that does not mean it will granted. Many K3 holders are turned down because the SSA does not feel that they require and/or are eligible for one. Once a spouse obtains work authorization, it is very unlikely that a SSN would not be issued, since there is a clear reason why one is needed.

Also, thanks PB for the clarification on the IR1/CR1. I knew the eligibilty requirements, just not which one was which. My husband and I are waiting until our two year anniversary to adjust status so that he will get the 10 year GC.

An application for SSN will not be accepted from a K3 visa holder until they have either EAD or a green card.

Sorry, I mixed up the terms, yes she should be entitled to a CR-1. Go for it don't think twice.

[SunDrop 59]

An application for SSN will not be accepted from a K3 visa holder until they have either EAD or a green card.

I hadn't realised that. A K3 can't apply but a K1 can? Strikes me as somewhat illogical, but that wouldn't be an unfamiliar status quo where immigrant regulations are concerned. As a CR1 applicant, this would be a mute point, however, as they have their GC at POE.

[Brother Hesekiel 2,236]

Dude,

1) No matter what you do, your low income will require you to come up with a co-sponsor. The only way you can avoid that is having made more money you actually made. It's easy to declare that, and Uncle Sam doesn't mind, but it's going to hurt your wallet in a big way.

2) For IRS purposes, you are self-employed. Whether you actually received any 1099s is totally irrelevant. At $12K, your actual tax burden will be so ridiculously low, it's a non-issue. However, as a self-employed, you have to pay 15.7% of your income into social security (which in a way you get back once you're old and gray). For 3 years, that's $5,652.00 upfront.

Hence, in light of the fact that you need a co-sponsor anyway, think long and hard how much money you exactly made during the past 3 years, then file back taxes.

Life sucks, sometimes, doesn't it?