Have not filed taxes

[Annem95 1]

Hello.

My spouse (USC) has not filed taxes the last 3 years, even though he should. We are now starting the CR-1 visa process and he needs to get his s*** together..

 

He has been self employed and makes above the minimum requirement for sponsoring a spouse for immigration. 
 

1: Does he have to file the last 3 years or is the last year enough? 
2: We just got married. Should he file the last years as single or married?

3: What is the best way of filing taxes that should have been filed a while ago? I know nothing of the US tax system, I just wanted to get some more knowledge. 

 

Thank you. 

Edited December 17, 2019 by Annem95

[USS_Voyager 1,972]

23 minutes ago, Annem95 said:

1: Does he have to file the last 3 years or is the last year enough? 

3 years

 

23 minutes ago, Annem95 said:

2: We just got married. Should he file the last years as single or married?

Married

 

25 minutes ago, Annem95 said:

3: What is the best way of filing taxes that should have been filed a while ago?

I think he should get an accountant and they will help him

[Annem95 1]

I just wondered, why 3 years? The doesn’t the affidavit of support only require the last year, and 3 years is optional?

[Wuozopo 4,293]

On 12/17/2019 at 2:14 PM, Annem95 said:

Hello.

My spouse (USC) has not filed taxes the last 3 years, even though he should. We are now starting the CR-1 visa process and he needs to get his s*** together..

 

He has been self employed and makes above the minimum requirement for sponsoring a spouse for immigration. 
 

1: Does he have to file the last 3 years or is the last year enough? 
2: We just got married. Should he file the last years as single or married?

3: What is the best way of filing taxes that should have been filed a while ago? I know nothing of the US tax system, I just wanted to get some more knowledge. 

 

Thank you. 

 

1. Yes he has to file 3 years.
2. Last 3 years SINGLE. He was not married 2016, 2017, 2018. Next filing (for 2019) is MARRIED because he was married during tax year 2019.
3. The website IRS.gov has forms and instructions for previous years. Taxes/forms change each year so you have to get the correct year. 2016 and 2017 will be similar. In 2018 there was a big overhaul of income tax so the forms and rules changed significantly. If you've got the grit to wade through it, then the IRS website has instructions and publications to cover any situation. Depend on their search box to find things. It will be complicated and may prove to be beyond your commitment of the weeks it will take you studying it. And it will be costly to have an accountant do it for him. A self employed person has the additional forms Schedule C and Schedule SE. He needs to keep good accounting records of his self-employment during the year. Start learning about self-employment here https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center

 

 

On 12/17/2019 at 3:32 PM, Annem95 said:

I just wondered, why 3 years? The doesn’t the affidavit of support only require the last year, and 3 years is optional?

 

The form I-864 has blanks to fill in, reporting numbers from his lastest three tax returns. He needs tax returns before he can fill in that part. He only has to submit one full copy of the most recent tax return. A transcript provided by the IRS is what he is going to need for immigration. Those are prepared by the IRS, after they review what he files. It won't happen quickly. 

 

AND aside from doing it for immigration purposes, he is violating federal law by not reporting his income, paying his tax and paying contributions to Social Security and Medicare (for his future retirement nad possibly your retirement as well.)