Is Tax Return Required in Manila Embassy?

[Happyandlucky123 0]

My fiance and I are worried. Hes pay is above the poverty guide, he also have W2, and he can get a letter from his employer. But he have issues with his taxes and stopped paying it about 3 years ago. I hope you guys have suggestions on the best thing to do.. We just filed ours this November and waiting for NOA2. Should we worru about it? Thank you.

[Alaska2012 462]

Did he at least file taxes? He needs to show his taxes for for last 3 years. They won't look into if he actually paid his taxes but he must have filed them.

But with that said, owing th IRS money will come and bite him later so he needs to get that sorted for his own sake anyway

[Hank_ 9,174]

My fiance and I are worried. Hes pay is above the poverty guide, he also have W2, and he can get a letter from his employer. But he have issues with his taxes and stopped paying it about 3 years ago. I hope you guys have suggestions on the best thing to do.. We just filed ours this November and waiting for NOA2. Should we worru about it? Thank you.

Most recent tax return is listed as required. (not 3 years worth)

http://photos.state.gov/libraries/manila/1178798/feb2015/K1-K2%20Applicant%20Interview%20Preparation%20Instructions%20-%20English%20_February%202015_.pdf

Edited November 7, 2015 by Hank_

[Happyandlucky123 0]

Most recent tax return is listed as required. (not 3 years worth)

http://photos.state.gov/libraries/manila/1178798/feb2015/K1-K2%20Applicant%20Interview%20Preparation%20Instructions%20-%20English%20_February%202015_.pdf

Thank you so much for that document.. its a great help. We are not sure how long his taxes will be fixed, so all he want is me to get there first. He don't have enough money to settle his taxes plus he is not that good with paper works. I guess we will just see if they will ask for it during the interview.. He said if they will require the tax return he can just have a co sponsor with Tax return.. Do you think that is possible?

[Tahoma 2,292]

If the consular officer requests a 2014 tax return, and you do not submit it at your interview, then the consular officer will issue you a 221g which will require you to submit your fiance's 2014 tax return. If your fiancé did not file a 2014 tax return, then he will need to provide the consular officer with an explanation of why he did not file.

Co-sponsors for K-1ers are occasionally accepted by the U.S. Embassy Manila.

[Anh map 2,098]

This is probably going to be a BIG PROBLEM for you and your visa.

He must have his taxes sorted out for you to get a green card through adjustment of status. So even if the Embassy allows his I-134 (and Manila is really tough about the I-134) there is a bigger chance that the I-864 at adjusment of status will be held up until his taxes are fixed. No green card means no working for you, no drivers license, etc.

Tell him to stop making excuses (not good at paperwork is completely unacceptable). Getting a joint sponsor doesn't help to avoid the problem either. He needs to get it fixed if you are going to be coming to the US to live a normal life.

He must file the tax returns and set up a payment plan with the IRS for anything that is owed. He does not have to pay all the money owed, but he needs to have a plan set up and be making the payments.

[Happyandlucky123 0]

Thank you so much for all your reply... I really appreciate it. And all your response are really helpful. I will let my fiance know about it. Thanks again..

[aaron2020 11,651]

Most recent tax return is listed as required. (not 3 years worth)

http://photos.state.gov/libraries/manila/1178798/feb2015/K1-K2%20Applicant%20Interview%20Preparation%20Instructions%20-%20English%20_February%202015_.pdf

The I-864 sponsor is required to affirmed under penalty of perjury that he has filed tax returns for the last 3 years or was not required to do so. The OP's petitioner would need to make this affirmation on the I-864.

The OP's petitioner made more than above the poverty line. While only the most recent tax return is required to be submitted, the OP's petitioner is still required to have 3 years of tax returns or make a legal declaration that he was not required to file. He can't do the latter since it would be false. So, 3 years worth of tax returns is required even if he only needs to submit the most recent one; otherwise he would be lying on an immigration form.

Edited November 8, 2015 by aaron2020

[Hank_ 9,174]

The I-864 sponsor is required to affirmed under penalty of perjury that he has filed tax returns for the last 3 years or was not required to do so. The OP's petitioner would need to make this affirmation on the I-864.

The OP's petitioner made more than above the poverty line. While only the most recent tax return is required to be submitted, the OP's petitioner is still required to have 3 years of tax returns or make a legal declaration that he was not required to file. He can't do the latter since it would be false. So, 3 years worth of tax returns is required even if he only needs to submit the most recent one; otherwise he would be lying on an immigration form.

K-1 visa application uses the I-134. So as said - most recent tax return, NOT 3 years. (just as stated in the embassy instructions letter, not my opinion)

[aaron2020 11,651]

K-1 visa application uses the I-134. So as said - most recent tax return, NOT 3 years. (just as stated in the embassy instructions letter, not my opinion)

Ok - let's go with only 1 year of tax return is required. Great. What happens when the petitioner can not meet the I-864 requirements when she tries to adjust for a green card? No green card. No legal authorization to stay in the US. No work. No school. Being deportable. Fantastic results, right?

OP asked if they should be worry that the USC has with no tax returns for the last three years. If you think that filing for 2014 only solves their problem, then you are not looking at the complete process. You are picking one part of the immigration journey and ignoring the rest of the process.

Edited November 8, 2015 by aaron2020

[Hank_ 9,174]

Ok - let's go with only 1 year of tax return is required. Great. What happens when the petitioner can not meet the I-864 requirements when she tries to adjust for a green card? No green card. No legal authorization to stay in the US. No work. No school. Being deportable. Fantastic results, right?

OP asked if there would be any problem with no tax returns for the last 3 years. If you think that filing for the 2014 only solves their problem, then you are not looking at the complete process. You are picking one part and ignoring the rest of the process.

Different question, she asked about the embassy. I am ignoring nothing... just answering the OPs question ONLY. - bye

[aaron2020 11,651]

Different question, she asked about the embassy. I am ignoring nothing... just answering the OPs question ONLY. - bye

Funny. OP didn't mention the embassy. Where did you see the word "embassy" in her posts?

Edited November 8, 2015 by aaron2020

[Hank_ 9,174]

Funny. OP didn't mention the embassy. Do you see the word "embassy" in her post?

Try reading the TOPIC header.

[aaron2020 11,651]

Try reading the TOPIC header.

Great. One year of tax return is all that the OP's petitioner is required. Peachy. That will get her a green card eventually. No need for the other tax returns.

[Hank_ 9,174]

We completed AOS without a tax return AOS only requires the most recent tax return, 3 years is optional.