i684 - Sponser has "Evaded" Tax

[TizEye 0]

My husband filed his taxes for last year, 2018, but not for 2017, 2016, and 2015.

Of course the check box ask about the last 3 years and he must check no, will this result in rejection with a Transcript from 2018 submitted? It shows enough income.

He is currently on a payment plan for 2018 but 2017/16/15 is "unfilled".

What are our options?
If filing is the only option?
If he files for 2017/16 but not 2015 will that 4th year be an issue?

[aaron2020 11,651]

He needs to file his back tax returns for the last three tax years in order to meet the I-864 requirements.  That's the only option.  

[TizEye 0]

What is he files those 2 years but not the 2 before, say year 4 and 5?

[NigeriaorBust 4,087]

  He may be OK for the 864 but the IRS will certainly have him on their radar.  

[TizEye 0]

Which is fine.
He filed 2018 and not a word, they just keep accepting payments.

I guess the concern is, will they check in some sort of cross reference IRS system for those 3 years?
If so can't they see year 4 and 5 not filed?
Does this matter?

[LilyJ 1,258]

10 minutes ago, TizEye said:

Which is fine.
He filed 2018 and not a word, they just keep accepting payments.

I guess the concern is, will they check in some sort of cross reference IRS system for those 3 years?
If so can't they see year 4 and 5 not filed?
Does this matter?

Was his income below or above filing threshold?

[TizEye 0]

Well above the limit.
Round numbers
2018 = 40k (filed)
2017 = 35k (unfilled will file)
2016 = 50k (unfilled will file)
2015 = (not going to file yet)

2014 = (not going to file yet)

His only worry is he did not file from 2014-2017 due to amount owed.

He will file 2017 and 2016 for the 3 year minimum but that will still leave 2015 and 2015 unfilled.

[geowrian 22,337]

He must file the past 3 years for I-864 qualification.

He must file for all years where his income was about the minimum threshold. Failure to file has a penalty. Failure to pay has a separate penalty.

Best thing he can do for himself is file all the past years ASAP, even if he can't pay them all right now. The longer he waits, the much worse it will get. The IRS can work out payment plans and you can even sometimes get portions of debt forgiven. But it all starts by filing.

Good luck.

 

Be aware that his tax debt will start to become your responsibility as well if you file jointly, and even taxes owed prior to the marriage can be deducted from any refund your joint return would otherwise cover, and any joint accounts are in play as well.

https://money.howstuffworks.com/personal-finance/personal-income-taxes/are-you-responsible-for-your-new-spouses-back-taxes.htm

 

Does he have a joint sponsor for I-864 purposes? Or is his income sufficient (after the tax payment plan) now?