December 2018 I-129F (K1) Filers

[MsNina 184]

Just now, Ella and James said:

Why? They aren't the IRS.

Exactly.. and i hear at these interviews they dont even look at the affidavit of support. I hear its most needed for AOS. 

[Amber Kay 14]

1 minute ago, MsNina said:

Exactly.. and i hear at these interviews they dont even look at the affidavit of support. I hear its most needed for AOS. 

Woah...so if they don't look at the affidavit of support...how can they approve the K1? Especially if you do not make enough to support your fiance and have a co-sponsor?

[Amber Kay 14]

16 hours ago, Ladyfinn said:

Hi! My fiance actually has not filed his taxes too since 2016 and 2017 because he was in college finishing his degree. Last December 4  he recently got a job earning above the poverty guidelines.

 

Is this gonna affect our application ? When we reach the interview process We are planning to show his pay stubs, cert of employment, W2 form and bank statements, do you guys think that would be enough? 

 

Thanks for all your help.

Well I know that if he is self employed and doesn't file taxes, irregardless of how much he actually owes, the IRS will assess him an amount due...then they will add 50% penalties and 50% interest upon the amount of taxes they guestimate he owes. I have seen these assessed taxes in the thousands. He will have to prove that he doesn't owe it by filing his taxes. I used to work for the department of treasury and I'm telling you, he can get into a bad financial situation. I don't know how it will affect your approval, if at all for your K1 but if I were him I would just in case. 

Edited January 20, 2019 by Amber Kay

[Lemonslice 4,841]

22 minutes ago, MsNina said:

Not really...

Absolutely...

 

"You have to file an income tax return if your net earnings from self-employment were $400 or more. "

https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center

 

... But it goes up to 12K if you're employed and under 65

 

https://www.irs.gov/instructions/i1040gi#idm140302198239520 

[Lemonslice 4,841]

If you were required to file, they can (and have) refused to issue the visa. Why would they allow privilege to citizens not fulfilling their obligation?

 

If not a problem at the K1 stage, it will be when trying to adjust status. Read the i864 instructions. 

 

Good luck. 

Edited January 20, 2019 by Lemonslice

[Sarge2155 4,587]

17 hours ago, Ladyfinn said:

Hi! My fiance actually has not filed his taxes too since 2016 and 2017 because he was in college finishing his degree. Last December 4  he recently got a job earning above the poverty guidelines.

 

Is this gonna affect our application ? When we reach the interview process We are planning to show his pay stubs, cert of employment, W2 form and bank statements, do you guys think that would be enough? 

 

Thanks for all your help.

Never a good idea to avoid  paying  taxes especially when you are applying for a immigration  benefit. College I'm afraid is  no excuse not to pay taxes. Only time will tell in your case. If this does not affect your K1 I'm  sure it will affect your  later filings.

Edited January 20, 2019 by Sarge2155

[MsNina 184]

2 hours ago, Lemonslice said:

If you were required to file, they can (and have) refused to issue the visa. Why would they allow privilege to citizens not fulfilling their obligation?

 

If not a problem at the K1 stage, it will be when trying to adjust status. Read the i864 instructions. 

 

Good luck. 

Thats what im saying itz going to really have an 🤷🏾‍♀️affect when adjusting 

[Ladyfinn 13]

7 hours ago, Greenbaum said:

Not filing taxes will affect your K-1 because you can't show income to satisfy the consulate. If his employment letter and W2 show that he makes more then the poverty level there is a good chance he will pass. Depends on the adjudicator.

He recently got a job earning 45k annual. That's why I'm asking because I know it's above what they are requesting for the current support income for a household of 2. So past taxes are really that important? I might need to talk to him about it then.. But some say the embassy might only require the most recen itr.

[Ladyfinn 13]

And during those 2 years he doesn't have any income so what is there to file or pay? When he had a part time job from 2014-2015 he was able to pay his taxes.  I heard and also did a little bit of research  if you don't have any income it will not reflect.

[Greenbaum 12,259]

1 hour ago, Ladyfinn said:

He recently got a job earning 45k annual. That's why I'm asking because I know it's above what they are requesting for the current support income for a household of 2. So past taxes are really that important? I might need to talk to him about it then.. But some say the embassy might only require the most recen itr.

Does he want to go to jail for avoiding paying income tax? or receive a fine with payment required and interest (and it's not your 2.6% interest were talking about). It simple to file your taxes. Then ask the IRS to put you on a payment plan for 3 years. With all of that he is out of trouble and he can show that he has moral character to the CO during the interview.

 

If you file your tax return more than 60 days late, the minimum failure-to-file penalty will be 100% of your unpaid taxes or $205, whichever is smaller. The failure-to-pay penalty is 0.5% of your balance due for each month (or part of a month) in which your taxes remain unpaid. Start doing the math and see if you only just paid for a car or your on your way to paying the IRS equivalent to a new house.

 

I don't know if this is true for your situation but when determining whether you need to file a return, you don't include tax-exempt income. In 2018 for example, if you are under age 65 and single, you must file a tax return if you earn $12,000 or more, which is the 2018 standard deduction for a single taxpayer.

 

 

[Ladyfinn 13]

2 minutes ago, Greenbaum said:

Does he want to go to jail for avoiding paying income tax? or receive a fine with payment required and interest (and it's not your 2.6% interest were talking about). It simple to file your taxes. Then ask the IRS to put you on a payment plan for 3 years. With all of that he is out of trouble and he can show that he has moral character to the CO during the interview.

 

If you file your tax return more than 60 days late, the minimum failure-to-file penalty will be 100% of your unpaid taxes or $205, whichever is smaller. The failure-to-pay penalty is 0.5% of your balance due for each month (or part of a month) in which your taxes remain unpaid. Start doing the math and see if you only just paid for a car or your on your way to paying the IRS equivalent to a new house.

 

I don't know if this is true for your situation but when determining whether you need to file a return, you don't include tax-exempt income. In 2018 for example, if you are under age 65 and single, you must file a tax return if you earn $12,000 or more, which is the 2018 standard deduction for a single taxpayer.

 

 

Sir I think you misunderstood. He has no job during the year 2016-2017. That's the reason why he wasn't able to pay and I understand that taxes are for people who are EARNING (self employed or not) he just recently started to work a full time job and yes he will file his taxes when the time comes because he has the capability to do so during this time. I was just asking if past taxes could affect because he did not have any job during that time when he was in school (not working a part time job, just literally in SCHOOL)

 

Just get the logic. How can a person without income file his taxes? 

 

 

 

 

[marine6357 7]

1 minute ago, Ladyfinn said:

Sir I think you misunderstood. He has no job during the year 2016-2017. That's the reason why he wasn't able to pay and I understand that taxes are for people who are EARNING (self employed or not) he just recently started to work a full time job and yes he will file his taxes when the time comes because he has the capability to do so during this time. I was just asking if past taxes could affect because he did not have any job during that time when he was in school (not working a part time job, just literally in SCHOOL)

 

Just get the logic. How can a person without income file his taxes? 

 

 

 

 

You are right he had no income hence no tax liability. He should be fine just be sure to bring all documents to the interview showing he has a job now. ie: paystubs, letter from employer, and tax records from 2018. Don't stress too much about this as long as he can prove income above HHS poverty guidelines now should not be a problem. I wish you good luck going forward.

 

[Ladyfinn 13]

I am not saying my fiance won't pay his income tax this time. He will because he already has a full time job. Lol.

 

I was just asking about the past 2 years when he was a full time student without any source of income (His parents were supporting him that time) 

[marine6357 7]

As I said you are going to be fine more important thing is to prove you have a legitimate relationship. The financial part is good.

 

[Ladyfinn 13]

1 minute ago, marine6357 said:

You are right he had no income hence no tax liability. He should be fine just be sure to bring all documents to the interview showing he has a job now. ie: paystubs, letter from employer, and tax records from 2018. Don't stress too much about this as long as he can prove income above HHS poverty guidelines now should not be a problem. I wish you good luck going forward.

 

Thank you so much ❤ I wish you good luck with your immigration journey as well 😊