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

[KayDeeCee 4,893]

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.

She might as well get it over with and perhaps not need to pay any penalties, but they do not ask for the incomes or tax returns of the foreign fiance(e). I do not know if the CO could possibly ask about her filing taxes in the US if they got on the topic of her living and working in the US before though.

Edited August 6, 2013 by Jay-Kay

[yorubaqueen13 28]

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?

This is correct!!!

[NikLR 13,227]

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.

Finding her W2 or requesting a new one from her employer would be your best bet at this point. Then you can figure out what to do from there.

[carton025 38]

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.

yes, this will be an issue!

[Derby dog 9]

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?

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!

Ok thanks. Yeah I know to get the joint sponsor, I was just checking about having to show the tax return because everyone had a different answer. So i write a letter.. Got it. Thanks for that.

Also, I know this is the k1 forum, but we still file a lot of the same #######. Sometimes someone will post something that I've overlooked in my application which helps out a lot. (Like this thread) sorry bout that.

And I'll get on the timeline thing today. I'm not sure i have much of one yet as we are just preparing applications now lol.

This is correct!!!

Thanks!

[CrazyRide 2]

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.

yes, this will be an issue!

Ok thanks! I think I am safe filing the I-129F, I just want to make sure she is square with the IRS come interview time, which should give us plenty of time to find the right paperwork and file.

[himher 634]

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

Wrong

[CrazyRide 2]

Update on the Taxes, I did some research and found the form that she needs to fill out, its the IRS 1040NR and in her case it will be the 1040NR-EZ. This is a tax return form intended for "Certain Nonresident Aliens with No Dependents" I could not find anything in the "Instructions for Form 1040NR-EZ" that said she was exempt from paying taxes if she made under a certain amount.

So my fiance has begun to gather up the information she needs, turns out she doesn't have any W2s because of the way she was paid so hopefully we can get something together and get the ball rolling on this.

Thanks for your help everyone.