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Posted (edited)

Depends on why you haven't filed.

Have you not filed because you weren't legally required to file (made under the minimum threshold), or did you not file because you just didn't want to file?


If you weren't legally required to file, then you can attach a statement saying why you didn't file. If you currently make enough to meet the poverty guidelines, you should still be fine as long as you were NOT legally required to file in the past three years.

Here are the minimums required to file : http://www.efile.com/tax/do-i-need-to-file-a-tax-return/

If you chose not to file because you didn't want too, you need to file your taxes and get it over with.

If you still don't make enough to file, then you don't meet the guidelines to be the only sponsor for your fiance, and you will need a cosponsor.


But yes, if your fiance shows up at the visa interview with no tax returns, they could give your fiance a form asking for the tax returns. You either need tax returns/tax transcripts or a statement saying why you don't have them.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thanks for your reply Ash.1101, Actually i owe a lot in the IRS about $10,000. so i just did not care to file since then. Now i need to file a fiancee visa and it said income tax returns are a requirement. I don't know where to get help for my tax returns. They said i can make payment plan for it but i am afraid that it would affect my k1 application.

Thanks again

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

As Ash.1101 has advised, you're going to probably want to "clean up" your lack of tax filings. I failed to file for several years, mostly through laziness but also because of a tax payment I could not afford to fully pay on my last filed return. Years later, I was nervous when I went into an IRS office to discuss my situation but it turned out that they had simply retained my tax refunds for several years which had covered my previous shortfall. In the end, they didn't require me to file for the missing years, but in your case, you're probably either going to want to file for those missing years or get a copy of the IRS documents for those years.

Good luck.

EDIT: Okay, I just read your response to Ash and it seems like you situation roughly parallels my situation in the past, although your amount owed, $10k vs mine, $1,000 is a pretty big difference. My advice is the same, though. Start with a trip to the IRS office. They're helpful. They're not waiting around with handcuffs ready to haul you off to jail. They'll have records of all of your income tax data for the missed years. You might owe less than $10k.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thank you for sharing all your experiences and for giving me your advices. I will definitely visit an IRS so i can start cleaning up my income tax status and so that i can start filing my application for Fiancee visa.

Thank you guys so much. I appreciate it.

Gatordub

 
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