Back taxes due, what now? HELP PLEASE!

[beckyshew 0]

Hello all,

Here is our situation, my fiancé (USC) and I are living in Germany at the moment because I am doing an internship here. We were previously living in France together for over a year. He is having trouble renewing his visa for France (Schengen zone, so OK for Germany too) because they're asking papers that he cannot possibly give them (they told him at the last minute that he needs 3 months of French bank statements and refuse to accept American ones, French immigration is a whole 'nother ordeal than in the US... ).

Anyway, since the prospects of his status in the Schengen zone are unclear, we are thinking of moving back to the US with a K1 visa. The only problem we might encounter is with his taxes. So my fiancé has never worked, he receives money from a settlement fund since he was a child, which has provided him with sufficient revenue to not need to work. But he didn't know that these revenues were TAXABLE, so he never filed for taxes (yes, never ). The income is around $25,000/year + a lump sum he received when he was very young. It is actually by looking into the K1 requirements that he realised he probably owes a lot of back taxes today!

So now, we want to file for the K1 and we can have his mother who has well over 125% of the poverty limit, as a co-sponsor if necessary.

- But when can he file for taxes, and more importantly, when are we going to receive the tax return as proof?

- Does it take months to process?

- We are already in May and if I'm correct, tax season just ended. Does that mean we have to wait until next year, April 2016?

- Is it even realistic that they're going to accept our K1 application with these back taxes?

This seems like a huge hurdle to overcome, but any help will me inmensly appreciated!

[Nich-Nick 3,354]

So now, we want to file for the K1 and we can have his mother who has well over 125% of the poverty limit, as a co-sponsor if necessary.[/background][/font][/color]

- But when can he file for taxes, and more importantly, when are we going to receive the tax return as proof?

- Does it take months to process?

- We are already in May and if I'm correct, tax season just ended. Does that mean we have to wait until next year, April 2016?

- Is it even realistic that they're going to accept our K1 application with these back taxes?

This seems like a huge hurdle to overcome, but any help will me inmensly appreciated!

$25,000/yr income is enough to sponsor you without needing his mother. With a K1 visa, the first part (I-129F petition) does not require the affidavit of support. That comes months later at the consulate stage of the process.

Taxes--

2014 tax year returns were to be filed by April 15. However citizens living abroad get a two month extension. His tax return for 2014 is not due until June 15. Read http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

Once a return is past due, like his previous years, he can file at any time. Actually the sooner the better because whatever should have been paid on time is gaining interest charges for as long as it is unpaid.

When he files a return, he keeps a photocopy of whatever is filed. That photocopy can be used for immigration affidavit of support purposes. It will have to have a statement from the payor of the funds with it. If he was working a job, it would be a form W2 that told what that employer paid during the year. He won't have a W2, but he will have something saying what he was paid. He would receive something from the trust or settlement administrator that pays him, telling what he was paid the previous year. Not knowing exactly where the money comes from, I don't know what the form number would be. But that statement (photocopy) goes with the photocopy of his tax return and is included with his Affidavit of Support.

So asking if it takes months to process late tax returns...it doesn't matter for his immigration. They only need a photocopy of what he filed. The IRS does not notify taxpayers anyway. You file and you only hear from the IRS if something is wrong. People getting a refund know it's processed because they receive their money. People who owe just assume no news is good news.

[ZaakirahM 28]

I want to ask in this thread too because my case is the exact same thing. I have a co sponsor who is well over the poverty line, however I have only filed 2014 taxes. I had a w2 because I got a seasonal job as well as some self employment income (I am a photographer). For 2013, I was self employed but just didn't file; I was living off of my medical lawsuit lumpsump. For 2012 it is the same thing, except I was in school, used that money for school and living but just did not file. I am currently at NVC stage. I have not submitted 864 package for my husband yet. What should I do?

[Nich-Nick 3,354]

Each year, the instructions for taxpayers states an income level that requires filing a tax return. For example if you earned on $1000 in a year, it would be too low for filing. The number depends on married, single, joint or not. Look it up for each year.

If your income exceeded the filing threshold, then you have to file a late tax return for 2012 and 2013. You need them as part of the requirement of the I-864. They ask for numbers from three years of tax returns.

If your income did not meet the filing threshold, then you submit a signed statement stating the income and that it was below the IRS filing threshold so you were not required to file that year.

2012-2014--- tax return or statement saying why the IRS did not require you to file.