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kathmandu87

Father a permanent resident,main sponsor, hasn't paid taxes.. Will that be a problem?

By kathmandu87 in Bringing Family Members of Permanent Residents to America

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kathmandu87 Rookie

kathmandu87   0

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Hey,

My father is a permanent resident since 2006. He applied for me to get PR in 2006. I have already got my invoice no and am sending papers.

He has been traveling back and forth from USA TO NEPAL since then. He enters USA every six months to maintain his permanent resident status.

As he works in Nepal, He got a re entrant visa two times, that is, he did not have to go to usa for two years.

He hasn't paid taxes for 2013 and a couple of years between 2006 and 2013.

He doesn't have a income source in USA( he is 65 years old).

He is my main sponsor. My co sponsor is my sisters family.

I want to know if this will be a problem?

What is the purpose of main sponsors tax return details?

My sisters income is sufficient enough.

Please reply quickly

pob260 Enthusiast

pob260   23

Posted
Filed: Citizen (pnd) Country: Nepal
 Timeline
Posted

Hey,

My father is a permanent resident since 2006. He applied for me to get PR in 2006. I have already got my invoice no and am sending papers.

He has been traveling back and forth from USA TO NEPAL since then. He enters USA every six months to maintain his permanent resident status.

As he works in Nepal, He got a re entrant visa two times, that is, he did not have to go to usa for two years.

He hasn't paid taxes for 2013 and a couple of years between 2006 and 2013.

He doesn't have a income source in USA( he is 65 years old).

He is my main sponsor. My co sponsor is my sisters family.

I want to know if this will be a problem?

What is the purpose of main sponsors tax return details?

My sisters income is sufficient enough.

Please reply quickly

I'm not sure but I think that it shouldn't be a problem so as long as you have a co sponsor or joint sponsor that has income above eligibility levels.

He might be asked as to why he did not file his taxes. In which case he/you will have to explain.

There is a difference between co sponsor and joint sponsor. Please research and see which is applicable.

Co - sponsor : Household member of the petitioner

Joint sponsor : any other US Citizen/ PR that is willing to sponsor.

Lets see what others have to say

I-130 (California Service Center) / Category: F2A / Priority Date: Sep 6rd, 2013

I-130
2013-09-01 : I-130 Sent

  • 2013-09-03: I-130 Received
  • 2013-09-06: NOA-1
  • 2013-10-01: NOA2 approved (SMS and email from USCIS

2013-10-06: NOA2 (Hardcopy)

NVC
2013-10-15: NVC received the case

2013-10-21: Case Number , Invoice Number and BIN received

  • 2013-10-24: Choice of Agent (DS 261) filled. (AOS, IV fee not available yet)
  • 2013-10-25: Email to pay AOS fee
  • 2013-10-28: AOS payment available and paid
  • 2013-10-30: AOS Shows as "Paid"
  • 2013-11-01: Mailed i864 docs
  • 2013-11-01: IV fee available and paid
  • 2013-11-01: AOS Docs received at NVC ( Based on USPS tracking )
  • 2013-11-04 IV Supporting Docs mailed ( IV payment still shows as IN PROCESS...but moneys already withdrawn from account)
  • 2013-11-06 IV Supporting Docs received ( Based on USPS tracking )
  • 2013-11-07: IV Shows as "PAID"

2013-11-07: Received/Entered both AOS and IV in the system for review.

  • 2013-11-08: DS 260 completes and submitted.

2013-12-05: Received checklist for AOS

In Part 4. Information on the Sponsor, please correct the following...

[x] Item 12. As the petitioner sponsoring your spouse or child, you must indicate whether or not you are currently on active duty in the U.S. armed services.

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 10. The current annual household income must equal the sum of items 5, 6.c., 7.c., 8.c., and 9.c.

  • 2013-12-05: Sent checklist response for AOS
  • 2013-12-07: Received "false checklist": IV Docs reviewed and accepted

2013-12-11: Entered checklist for AOS into system

2014-01-06: Case Complete per call to NVC.

2014-01-29: Interview Date assigned

2014-02-03: CEAC site updated to "In Transit"

2014-03-04: Interview Date

2014-03-04: VISA APPROVED. pickup on 2013-03-06

Thanks to all
GLTA

kathmandu87 Rookie

kathmandu87   0

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
  • Author
Posted

I'm not sure but I think that it shouldn't be a problem so as long as you have a co sponsor or joint sponsor that has income above eligibility levels.

He might be asked as to why he did not file his taxes. In which case he/you will have to explain.

There is a difference between co sponsor and joint sponsor. Please research and see which is applicable.

Co - sponsor : Household member of the petitioner

Joint sponsor : any other US Citizen/ PR that is willing to sponsor.

Lets see what others have to say

Thank you so much for responding quickly.

I have two sponsors other than my father but I am not sure if I can have three sponsors in total?

My father lives with my own brother in USA... My brother is an USA citizen n he applied for permanent residency for my father. So I think that makes my brother co-sponsor.

As his income is not sufficient, my cousin has agreed to sponsor me, making her joint sponsor.

My brother and cousin sister both have filed taxes for three years.

First, can I have my father, brother and an additional joint sponsor( my cousin) sponsor me?

Second, my father hasn't filed taxes for last year.... Should he file back taxes?

Third, what reasons for not filing taxes are acceptable? Is there a website that you could send me a link of?

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

He can explain why he didn't file taxes.

Another issue will be, the petitioner must be domiciled in the US. Your father must move back to the US ahead of you. If they find out he's staying more in Nepal than the US, they can revoke his GC.

The purpose of filing i130 is for family reunification in the US.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

pob260 Enthusiast

pob260   23

Posted
Filed: Citizen (pnd) Country: Nepal
 Timeline
Posted

Thank you so much for responding quickly.

I have two sponsors other than my father but I am not sure if I can have three sponsors in total?

My father lives with my own brother in USA... My brother is an USA citizen n he applied for permanent residency for my father. So I think that makes my brother co-sponsor.

As his income is not sufficient, my cousin has agreed to sponsor me, making her joint sponsor.

My brother and cousin sister both have filed taxes for three years.

First, can I have my father, brother and an additional joint sponsor( my cousin) sponsor me?

Second, my father hasn't filed taxes for last year.... Should he file back taxes?

Third, what reasons for not filing taxes are acceptable? Is there a website that you could send me a link of?

if your sisters income alone is sufficient

then your father as the main sponsor + sister as joint sponsor

The link below is to see if you need to file taxes or not.

http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220687

Also take into consideration what apple21 has said

I-130 (California Service Center) / Category: F2A / Priority Date: Sep 6rd, 2013

I-130
2013-09-01 : I-130 Sent

  • 2013-09-03: I-130 Received
  • 2013-09-06: NOA-1
  • 2013-10-01: NOA2 approved (SMS and email from USCIS

2013-10-06: NOA2 (Hardcopy)

NVC
2013-10-15: NVC received the case

2013-10-21: Case Number , Invoice Number and BIN received

  • 2013-10-24: Choice of Agent (DS 261) filled. (AOS, IV fee not available yet)
  • 2013-10-25: Email to pay AOS fee
  • 2013-10-28: AOS payment available and paid
  • 2013-10-30: AOS Shows as "Paid"
  • 2013-11-01: Mailed i864 docs
  • 2013-11-01: IV fee available and paid
  • 2013-11-01: AOS Docs received at NVC ( Based on USPS tracking )
  • 2013-11-04 IV Supporting Docs mailed ( IV payment still shows as IN PROCESS...but moneys already withdrawn from account)
  • 2013-11-06 IV Supporting Docs received ( Based on USPS tracking )
  • 2013-11-07: IV Shows as "PAID"

2013-11-07: Received/Entered both AOS and IV in the system for review.

  • 2013-11-08: DS 260 completes and submitted.

2013-12-05: Received checklist for AOS

In Part 4. Information on the Sponsor, please correct the following...

[x] Item 12. As the petitioner sponsoring your spouse or child, you must indicate whether or not you are currently on active duty in the U.S. armed services.

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 10. The current annual household income must equal the sum of items 5, 6.c., 7.c., 8.c., and 9.c.

  • 2013-12-05: Sent checklist response for AOS
  • 2013-12-07: Received "false checklist": IV Docs reviewed and accepted

2013-12-11: Entered checklist for AOS into system

2014-01-06: Case Complete per call to NVC.

2014-01-29: Interview Date assigned

2014-02-03: CEAC site updated to "In Transit"

2014-03-04: Interview Date

2014-03-04: VISA APPROVED. pickup on 2013-03-06

Thanks to all
GLTA

kathmandu87 Rookie

kathmandu87   0

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
  • Author
Posted

He can explain why he didn't file taxes.

Another issue will be, the petitioner must be domiciled in the US. Your father must move back to the US ahead of you. If they find out he's staying more in Nepal than the US, they can revoke his GC.

The purpose of filing i130 is for family reunification in the US.

Yes I am aware of it. My father's mother is 95 years old. She gets ill often and requires a lot of care. My father states this problem every time he re enters USA.

Do you think it would be best that my father filed for late taxes. He filed taxes for 2011 and 2012.

kathmandu87 Rookie

kathmandu87   0

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
  • Author
Posted

if your sisters income alone is sufficient

then your father as the main sponsor + sister as joint sponsor

The link below is to see if you need to file taxes or not.

http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220687

Also take into consideration what apple21 has said

My dad has filed for 2011 and 2012 taxes but not 2010. How important is 2010 tax returns?

We r filing for it ASAP.

Thanks for the help!

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

The problem is they may loo kat your fathers entry and exit pattern while looking at the family unification aspect of your petition. It runs a high risk of causing your father to lose his green card as he is not meeting the terms and has not gotten a re entry permit. You are playing with fire. If your fathers taxes show hie is working in another country that is even worse.

This will not be over quickly. You will not enjoy this.

Mark88 Proficient

Mark88   184

Posted
Filed: Other Country: Germany
 Timeline
Posted

The problem is they may loo kat your fathers entry and exit pattern while looking at the family unification aspect of your petition. It runs a high risk of causing your father to lose his green card as he is not meeting the terms and has not gotten a re entry permit. You are playing with fire. If your fathers taxes show hie is working in another country that is even worse.

I agree. There is a good chance that he might loose his green card through the process.

It's amazing how many questions can be resolved with a 2 minute Google search...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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