When to disclose Lien(s)

[Mintosman 11]

Is it best to get in front of some financial issues that Immigration will find at the NVC stage by uploading a letter of explanation with my I-864 regarding financial liens,  or should my wife bring that letter to the interview? Also, while I meet the incoming requirements by 200%, will having multiple liens cause issues that may require an Co-Sponsor? 

[payxibka 10,045]

5 minutes ago, Mintosman said:

Is it best to get in front of some financial issues that Immigration will find at the NVC stage by uploading a letter of explanation with my I-864 regarding financial liens,  or should my wife bring that letter to the interview? Also, while I meet the incoming requirements by 200%, will having multiple liens cause issues that may require an Co-Sponsor? 

Liens?  Income is the key.  If they looked on the other side of the ledger, most Americans would be ineligible 

[JeanneAdil 6,498]

They do not ask about liens

nor do they do a credit check 

or ask for a list of debts

[Mintosman 11]

Does it matter that they are IRS Tax Liens?

[Punisher 40]

15 minutes ago, payxibka said:

Liens?  Income is the key.  If they looked on the other side of the ledger, most Americans would be ineligible 

 

13 minutes ago, JeanneAdil said:

They do not ask about liens

nor do they do a credit check 

or ask for a list of debts

"They" do not ask BUT it is the sponsor that makes the claim he/she has assets of certain net (equity) value OR claims certain income levels. If there are liens on that income or those assets, these liens affect the income levels/assets net value.

[payxibka 10,045]

1 minute ago, Punisher said:

 

"They" do not ask BUT it is the sponsor that makes the claim he/she has assets of certain net (equity) value OR claims certain income levels. If there are liens on that income or those assets, these liens affect the income levels/assets net value.

How will they know about any liens on any said assets or income

[Punisher 40]

10 minutes ago, Mintosman said:

Does it matter that they are IRS Tax Liens?

Hard to say, but consider what Adjudicator would think: having a lien is one thing, having Irs tax liens means you haven't met (past) obligations regarding some of the most sensitive payments, therefore it would be akward to treat you as "reliable" candidate for being a sponsor. 

[JeanneAdil 6,498]

14 minutes ago, Mintosman said:

Does it matter that they are IRS Tax Liens?

When you send your IRS transcripts for the affidavit ,  it will disclose that there is an amount due (says this or refund due)

so,  yes,  unless you can prove you sent a check to pay the amount due,  NVC will see this

[payxibka 10,045]

6 minutes ago, JeanneAdil said:

When you send your IRS transcripts for the affidavit ,  it will disclose that there is an amount due (says this or refund due)

so,  yes,  unless you can prove you sent a check to pay the amount due,  NVC will see this

A balance due on your 1040 is not an unusual situation and in no way does it automatically mean it remains unpaid or has manifested itself into a tax lien.  My tax transcripts showed balance dues and was never questioned.

[geowrian 22,337]

Owing past taxes (not just having a payment due on the most recent taxes) has been brought up by some COs. They subsequently asked for a tax account transcript to determine that the debt was being paid and verify the amount of debt.

But if one had a payment plan in place and had been following it (or if it's new and the amount is not significant), and their current income was otherwise sufficient to satisfy that commitment and support the individual, then it shouldn't be an issue. Having the debt is not an issue, but the ability to cover the amount may be considered.

 

A proposed change to the I-864 (in review by the OMB now) does ask questions about the sponsor's credit worthiness (along with other things like bank account details, more explicit obligation statements, etc.).

But no, the I-864 does not ask about any liabilities (only net value of any assets being claimed).

 

Note that the DS-5540 does ask the visa applicant about any liabilities or debts. For married individuals, these may be shared depending on the specific circumstances (i.e. something that occurred after marriage would often be a joint liability).

Edited July 6, 2020 by geowrian

[Punisher 40]

18 minutes ago, payxibka said:

How will they know about any liens on any said assets or income

If you are making certain claims regarding levels of assets or income, it is your obligation (under penalty of perjury...) to state correct facts. Whether "they" will find out or not is a different matter.

 

it all depends on what exactly you claim on your 864, type of liens, how much work they want to put to find out etc.

 

some liens are extremely easy to find out about.

[payxibka 10,045]

4 minutes ago, Punisher said:

If you are making certain claims regarding levels of assets or income, it is your obligation (under penalty of perjury...) to state correct facts. Whether "they" will find out or not is a different matter.

 

it all depends on what exactly you claim on your 864, type of liens, how much work they want to put to find out etc.

 

some liens are extremely easy to find out about.

I'll be damned if I can find that line on the i864

[Punisher 40]

6 minutes ago, payxibka said:

I'll be damned if I can find that line on the i864

What "line" you can't find on 864?

[payxibka 10,045]

1 minute ago, Punisher said:

What "line" you can't find on 864?

Where you report "liens" or anything reported "net of liens"

[Mintosman 11]

I do know for a fact they gave an RFE at the Interview stage of a friend who had his house foreclosed on. They saw an unpaid debt of $235k and wanted to know more about it. Now, I am not sure if they found that because he had filed bankruptcy or not but he had to submit proof of the balance being cleared in the bankruptcy. This was in 2015 and the issue dated back to 2011. So, in 2015 they were looking at that stuff. Hence, my original concern.