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Filed: AOS (pnd) Country: China
Timeline
Posted

Hello all, will this affect my AOS application if the USC owes taxes? We did not file taxes together for 2016 since we filed taxes separately before we got married in April 2017. And me myself does not owe ant taxes for 2016. He owes taxes for 2016 and previous years. If we did not file taxes together for 2016, am I still responsible for the his taxes after we got married in 2017? Thank you so much.

 

Thank you so much.

Filed: AOS (pnd) Country: China
Timeline
Posted (edited)
42 minutes ago, kzielu said:

If he just owes and has tax returns for previous years and a payment plan with IRS - it should not. If he has not filed, it definitely will since he's your primary sponsor for your I-864.

Thank you. He did file for previous years but I don't think he has set up any payment plan. Will this hurt?

Also, recently my i485 online status changes to Ready to be scheduled an interview. Does this mean that the USCIS is fine with his taxes?

Edited by Shawn8965
Filed: Timeline
Posted (edited)
1 hour ago, Shawn8965 said:

 He owes taxes for 2016 and previous years. If we did not file taxes together for 2016, am I still responsible for the his taxes after we got married in 2017? 

 

 

The answer to this question, surprisedly, is YES, in some states! 

 

When I married, my spouse owed back taxes. The back taxes had been already filed and there was a payment plan in place---the IRS was garnishing wages from my spouse's paychecks. Nevertheless, since we lived in a community property state, California (there are nine community property states: ArizonaCaliforniaIdahoLouisianaNevadaNew MexicoTexasWashington and WisconsinAlaska is an opt-in community property state that gives both parties the option to make their property community property) the IRS said that since my salary was now (after marriage) considered community property, that the IRS would start to garnish MY wages too!

 

Rather than have my salary garnished, I decided to use my savings to pay off the complete amount my spouse owed because I needed to keep up a good reputation at my job.

Edited by databit
Filed: AOS (pnd) Country: China
Timeline
Posted
8 minutes ago, databit said:

The answer to this question, surprisedly, is YES, in some states! 

 

When I married, my spouse owed back taxes. The back taxes had been already filed and there was a payment plan in place---the IRS was garnishing wages from my spouse's paychecks. Nevertheless, since we lived in a community property state, California (there are nine community property states: ArizonaCaliforniaIdahoLouisianaNevadaNew MexicoTexasWashington and WisconsinAlaska is an opt-in community property state that gives both parties the option to make their property community property) the IRS said that since my salary was now (after marriage) considered community property, that the IRS would start to garnish MY wages too!

 

Rather than have my salary garnished, I decided to use my savings to pay off the complete amount my spouse owed because I needed to keep up a good reputation at my job.

Thank you and sorry for your story. Thankfully I am in Michigan.

Filed: Timeline
Posted
39 minutes ago, Shawn8965 said:

Thank you and sorry for your story. Thankfully I am in Michigan.

"Thankfully" unless you ever get divorced. The judge can decide to give all marital property to whichever spouse the court sees fit. Can't help thinking it may not be the immigrant.

 

Also, the IRS debt will look bad on credit for buying a house, car, etc. Best to pay it off. 

 
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