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K.Sam

Taxes

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My fiancée who lives in the USA hasn’t filed her taxes for the past 2 years  and can’t afford to, she does a cash in hand job and earns an average amount. I’m so worried I won’t get granted my visa because she hasn’t filed her taxes. Also worried she could get in trouble for not filing her taxes or being able to afford it? Can you be thrown in jail or issued big fines for that?? In Australia you can!!! (That’s where I’m from).

 

She has a very rich father though - could he be used as a sponsor or beneficiary (whatever the term is) instead of her to get me to America on the k1, and not have her history  questioned? Also what risk is there of her being in trouble with the government for not filing any taxes for a few years?? She barely makes enough money to live comfortable but it’s still above the basic $25k a year. So:

 

- I want to know what can happen to the USA resident if the USA resident hasn’t and can’t file their taxes due to low income , and

-   If the USA resident has someone to agree to be the beneficiary it is easy to do or a nightmare?

 

any advice appreciated thanks! 

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Filed: Citizen (apr) Country: Taiwan
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She has to file her taxes......or explain why she wasn't required to file...there is no way around that...perhaps she should join us here for this discussion.

 

"can't file taxes due to low income"?  

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Filing taxes is a strict requirement for petitioning a beneficiary. It is very simple... no taxes filed by the US citizen, no visa for the beneficiary. There are no workarounds.

 

Also, the way you are wording it it seems she barely makes enough to sponsor you. That combined with her lack of filing taxes makes your case a lot harder to overcome.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Previously you posted that she had filed, but just for the last year? Now you're saying she hasn't filed at all?

 

 

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

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Filed: Other Country: Philippines
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21 hours ago, Unlockable said:

Filing taxes is a strict requirement for petitioning a beneficiary. It is very simple... no taxes filed by the US citizen, no visa for the beneficiary. There are no workarounds.

 

Also, the way you are wording it it seems she barely makes enough to sponsor you. That combined with her lack of filing taxes makes your case a lot harder to overcome.

That isn't true.  You need only provide evidence of income.    If the petitioner's income is not taxable, thus no tax return required, only need to write a letter stating this.  There is even a tutorial on the IRS website, IRS use to have a form, but I don't see it anymore.   https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

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There is a difference between income not subject to taxes and getting paid under the table (E.g., without a 1099) and then intentionally not reporting that income and paying all of the appropriate taxes (not just income tax) on it. One is aligned with the Internal Revenue Code and one is tax fraud. 

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