questions concerning evidence of support - problem with the IRS

[Noradam 0]

Hi everybody,

I have a question concerning the affidavit of support. My fiance and I have a co-sponsor, although we would actually survive without his help, too ;-) Both the co-sponsor and my fiance need all the paperwork from the IRS. My fiance owes the IRS money (2800 $) which is not even his fault, that's why he hasn't paid it so far. Is that gonna be a problem for our petition? Is there a possibility that they deny us because of that? We filed in September (CSC) and just cannot wait to get our NOA2.

Thanks for your help.

[rin and john 71]

Go read this thread. If he has an issue with the IRS, it may pose a problem at the consulate (shouldn't effect the USCIS petition). Will the amount of the levy drop his income below the poverty threshold?

http://www.visajourney.com/forums/index.php?showtopic=232299

[Noradam 0]

thanks for the quick reply.

I think his income is already below the poverty threshold. Does he have to earn about $1800 or something like that? The thing is that we live almost for free in his apartment, because he is the manager. And he is a painter, so he doesn't really have a constant income. But we have enough money and a lot of support. And we have his brother as a co-signer. So that should be fine.. I hope.. It's just while everything is pending you almost go crazy and think about little things that could affect the approval of my visa.

[daboyz 36]

thanks for the quick reply.

I think his income is already below the poverty threshold. Does he have to earn about $1800 or something like that? The thing is that we live almost for free in his apartment, because he is the manager. And he is a painter, so he doesn't really have a constant income. But we have enough money and a lot of support. And we have his brother as a co-signer. So that should be fine.. I hope.. It's just while everything is pending you almost go crazy and think about little things that could affect the approval of my visa.

Whatever is owed to the IRS will be deducted from your last years annual income. That is what they did to me.

[Gary and Alla 3,694]

This topic gets beaten up pretty good around here, and another has already attached a link to another thread, and Daboyz is the resident expert of what can happen. He gives good advice.

I will add that in this process, if ANYthing goes wrong, your fault, their fault, ANYone's fault, it is YOUR problem. Your fiancee will need to sort this out with the IRS and it would be better done sooner rather than later. This will not affect the petition, but it could definitely affect your visa issuance and/or your AOS. He needs to fix it, follow up with it and make sure it is fixed, it will not go away by itself and YOU will suffer the problems.

Saying "It's not my fault" and doing nothing can cause you a LOT of trouble.

[Gary and Alla 3,694]

thanks for the quick reply.

I think his income is already below the poverty threshold. Does he have to earn about $1800 or something like that? The thing is that we live almost for free in his apartment, because he is the manager. And he is a painter, so he doesn't really have a constant income. But we have enough money and a lot of support. And we have his brother as a co-signer. So that should be fine.. I hope.. It's just while everything is pending you almost go crazy and think about little things that could affect the approval of my visa.

For a family of two (you and him) he needs to earn, minimum $18,212 per year GROSS and that is now, that amount will go up effective in April, 2010, for BOTH visas and AOS, so it is likely the increased amount (and we do not know what that will be) will affect you at some point.

some other items. If you "live free" they do not care. If he receives a housing allowance, it counts as income. That may be something he can work out with his employer. It would be to your benefit (but not tax benefit) if they paid him more money and he paid rent. They DO NOT CARE what your bills are, you need to qualify on gross income (or assets) If you make $3000 per

month and pay $3200 per month in bills, you WILL qualify, if you make $1000 per month but have NO OTHER expenses, you will NOT qualify.

The tax issue could still be a problem, if not for the visa, then for the AOS after you arrive...or for life in general later on. I would urge you to sort it out now.

[Otto 83]

** Topic is "US Embassy and Consulate Discussion" related; moving thread there.