So my fiance didn't pay her taxes.....

[CrazyRide 2]

She worked in the USA the past two years and I guess she never payed her 2012 taxes, do they cross reference the alien fiance with the IRS? I mean she didn't make very much money so I don't think she owes much but do you think it will still throw a red flag somewhere?

[Steve12 1]

even if she didn't make any money she is supposed to file her tax return.

[CrazyRide 2]

even if she didn't make any money she is supposed to file her tax return.

We are both aware of what she was suppose to do, my question is whether this will come up in the visa process, im sure next year we will have to pay what she owes as well as some penalties.

[CaizLurol 36]

Probably. If I were here I would file ASAP. (You can file late with penalties but at least it will put her in "good standing").

[JohnE 57]

It is always best to contact the IRS and get things correct. Being an accountant I know all about the IRS and the stories but it looks better if you come clean. Simply complete your 1040 form (and state return if you live in a state that has state taxes) and call the IRS (and state). Most times they will work with you to set up a payment plan. I have seen a number of IRS tax levies in excess of $100,000 and the IRS was going to leave the employee with almost zero net pay. The employee contacted the IRS and set up a payment plan and a fair amount was deducted from the employee's check which left them with money to live on. Don't have them come looking for you.

[CrazyRide 2]

Thanks John for the advice

[Hank_ 9,174]

even if she didn't make any money she is supposed to file her tax return.

Well that isn't correct. Depends on how much money was made, there is a threshold to meet or exceed.

I don't file federal tax returns as a majority of my income is exempt from federal tax. Use the IRS SS-5 to determine if filing is required or not.

[pachacuti 154]

even if she didn't make any money she is supposed to file her tax return.

If she didn't make ANY money, there is no income. There would be no reason to file income tax returns. However, if she didn't make MUCH money, which implies that she did make SOME money, then there would be income, and you would be correct that she "should" file income tax returns. She can do so now, I believe... She should contact the IRS and ask how she could go about filing a late return.

[merc0230 28]

If she didn't make ANY money, there is no income. There would be no reason to file income tax returns. However, if she didn't make MUCH money, which implies that she did make SOME money, then there would be income, and you would be correct that she "should" file income tax returns. She can do so now, I believe... She should contact the IRS and ask how she could go about filing a late return.

Actually, Anyone who earns under a certain income, determined by age, dependency, and filing status, is exempt from having to report those earnings to the IRS. For an independent, single person under the age of 65, for example, that number is $9,500 (efile.com provides a table that breaks it all down.)

However, I think you also need to be thinking about how are you going to prove that she can meet or exceed the poverty guidelines. IMHO

Edited August 5, 2013 by merc0230

[JohnR! 5,495]

She worked in the USA the past two years and I guess she never payed her 2012 taxes, do they cross reference the alien fiance with the IRS? I mean she didn't make very much money so I don't think she owes much but do you think it will still throw a red flag somewhere?

She can still file for 2012. If she Googles 'filing taxes for previous years' she will find several websites where she can file her taxes and get the house in order for her K-1.

[Pinkrlion 2,718]

Although she has limited income, she still files a 1040 EZ and she gets a refund of whatever they took from her payroll. She will need to file her last two years taxes. There will not be a penalty to her to file at this late date, since she does not owe income tax.

She can go to www.irs.gov and look at the website, or she can call her local IRS office and make a walk-in appointment.

[Derby dog 9]

So I'm confused. Do you have to file or not? My wife was living in Australia with me for the last 3 years and the only "income" she earnt was from interest on her savings account in the US. We have never filed for those years because her families accountant told us she was under the threshold and didn't need to.

I've already assumed that since we wont have those tax returns that will need another sponsor for her affidavit of support, which will be her dad. Is this alright?

[NikLR 13,227]

If she is under the threshold to file, she does not need to file. A letter would need to accompany the I-134 to say WHY she didn't file.

All petitioners must sign a completed AOS (affidavit of support)

If they do not meet the poverty guidelines, as set by the USCIS I-864P, then they should find a joint sponsor who meets or, preferably, exceeds it for their household size plus the immigrant.

Does that make sense?

So I'm confused. Do you have to file or not? My wife was living in Australia with me for the last 3 years and the only "income" she earnt was from interest on her savings account in the US. We have never filed for those years because her families accountant told us she was under the threshold and didn't need to.
I've already assumed that since we wont have those tax returns that will need another sponsor for her affidavit of support, which will be her dad. Is this alright?

You would be using an I-864 since you mentioned your wife... this is the fiance forum (k1)

also could you be so kind as to Thanks!

Edited August 5, 2013 by NLR

[himher 634]

If she didn't make ANY money, there is no income. There would be no reason to file income tax returns. However, if she didn't make MUCH money, which implies that she did make SOME money, then there would be income, and you would be correct that she "should" file income tax returns. She can do so now, I believe... She should contact the IRS and ask how she could go about filing a late return.

If she didn't make $9750, which is SOME money but NOT MUCH money, then she doesn't have to file taxes at all (at least 2012 taxes)

[CrazyRide 2]

Thanks everyone for all the input.... Her last years income was right at the cutoff 200/wk=10,400 but I know she had some unpaid time off :/ so she may be below 10k.... looks like we need to dig up her w-2s, hope we can find them.