K-1 Visa - US citizen is behind on taxes

[bunnytremolo 0]

Hi!

I am researching the K-1 process for my boyfriend (US) and I (Canadian).

He is a few years behind on his taxes. If it makes any difference, he makes below the poverty line each year.

We plan on taking care of the taxes - I was just wondering how much of an impact his tax-neglect might have on my immigration the US?

I looked for a topic that might answer my question, but couldn't find one. Sorry if I am repeating this question.

Thank you!

[C Med 14]

I don't know for sure but I think that would be a very big factor. Reason being, he has to prove that he can financially support you since you won't be employed upon entry. I do think that might hurt you, but I'm not 100% sure. I hope it doesn't. Best of luck!

[bunnytremolo 0]

Oh - I should mention - he is NOT going to be sponsoring me (my aunt is!)

[SophWeb 25]

Oh - I should mention - he is NOT going to be sponsoring me (my aunt is!)

Your fiance is still the primary sponsor as he is the person petitioning the K-1 for you. He will still need to fill out an I-134, even though he does not meet the requirements. The aunt will fill one out too.

Not being up with your taxes is a big problem. The USCIS needs to see the last 3 years worth of tax returns. You will need them for this K-1 process and again when you Adjust Status once entering the US and marrying. He needs to file his taxes ASAP.

Adding - USCIS won't know or care that he filed his taxes late, so long as they filed and he submits the returns with the I-129.

Edited March 3, 2011 by SophWeb

[Rebecca Jo 1,962]

Your fiance is still the primary sponsor as he is the person petitioning the K-1 for you. He will still need to fill out an I-134, even though he does not meet the requirements. The aunt will fill one out too.

There is only one sponsor at the consular stage. The USC petitioner may (depending on the consulate) have to complete form I-134, but the person with the income will be the sponsor.

Not being up with your taxes is a big problem. The USCIS needs to see the last 3 years worth of tax returns. You will need them for this K-1 process and again when you Adjust Status once entering the US and marrying. He needs to file his taxes ASAP.

USCIS never needs to see any tax returns for a K1 visa. The consulate abroad may wish to see tax returns. Most only require the single most recent year. A few consulates require three years.

When adjusting status, only the single most recent tax return is required, unless the sponsor happens to be self employed.

Adding - USCIS won't know or care that he filed his taxes late, so long as they filed and he submits the returns with the I-129.

No tax returns are required when filing form I-129F.

[SophWeb 25]

There is only one sponsor at the consular stage. The USC petitioner may (depending on the consulate) have to complete form I-134, but the person with the income will be the sponsor.

Sorry, that was the point I was trying to get accross - her fiance will still need to fill out the forms. Better to be safe than sorry. They're not going to get rejected for providing too much information.

USCIS never needs to see any tax returns for a K1 visa. The consulate abroad may wish to see tax returns. Most only require the single most recent year. A few consulates require three years.

When adjusting status, only the single most recent tax return is required, unless the sponsor happens to be self employed.[/b]

My apologies, I mispoke with USCIS. But wouldn't it be better to be safe than sorry and have the three years ready just in case. It can't hurt and it will certainly help if they run into any issues down the track.

I personally received an RFE during AOS for not providing all three years, which is why I recommend it.

[Rebecca Jo 1,962]

Was your husband self-employed?

USCIS Interoffice Memorandum to adjudicators is crystal clear that only the most recent tax year is required for filing, unless there is mitigating circumstance.

[SophWeb 25]

Was your husband self-employed?

USCIS Interoffice Memorandum to adjudicators is crystal clear that only the most recent tax year is required for filing, unless there is mitigating circumstance.

He was self employed for 2009, but not 2008 or 2007, which was explaining on the letter we originally sent in regards to his self employment - that the company he owns was only created in 2009.

I understand what you're saying, but I guess I'm just trying to make sure the OP has everything they need for the upcoming process. I would hate for them not to have all the necessary documents, and a mitigating circumstance come up, and they're left scrabbling trying to find/file all the documents. Better to be over-prepared.

[Rebecca Jo 1,962]

He was self employed for 2009, but not 2008 or 2007, which was explaining on the letter we originally sent in regards to his self employment - that the company he owns was only created in 2009.

I understand what you're saying, but I guess I'm just trying to make sure the OP has everything they need for the upcoming process. I would hate for them not to have all the necessary documents, and a mitigating circumstance come up, and they're left scrabbling trying to find/file all the documents. Better to be over-prepared.

True, but it's also important to have the correct information. Every case is different - as you have just shown us by the example of your husband's self employment. So what pertained to you won't pertain to someone else.

It is good to be prepared. But scrambling for things a person won't need causes stress. This process is stressful enough. The easier we can make it on each other with correct info, the better.

[bunnytremolo 0]

Thanks for all the info everyone.

We are going to do the taxes as needed, but I am glad to see what you all have to say.

It is good to know we won't run into trouble with the taxes being filed late.

[payxibka 10,047]

Moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.