filing i-130, questions (merged topics)

[Milda 31]

What kind of difficulties may we face, i owe 10k in back child support because we have lived abroad at my wifes country for 4 years now and had no way to pay. Now we want to return with our 3 kids so we have to apply for ir1 visa for her. Are they going to deny it based on my Debt?

[JeanneAdil 6,561]

You will need to show you can financially support the husband and 3 children so you will be showing IRS tax returns on foreign income  which will show that you owe the back support if the court  put a lien on any refunds you would have received

Between now and the interview , you should arrange with the courts for payment of this back child support

[Milda 31]

19 minutes ago, JeanneAdil said:

You will need to show you can financially support the husband and 3 children so you will be showing IRS tax returns on foreign income  which will show that you owe the back support if the court  put a lien on any refunds you would have received

Between now and the interview , you should arrange with the courts for payment of this back child support

So we are both in europe right now so i havent even filed taxes for three years as i have not been working. We are using a joint sponsor.  So i cant sponsor my wife but her USC cousin will be our sponsor. Is there any other issues it may rise? Can they deny the visa because of my debt?

[Crazy Cat 41,981]

20 minutes ago, Milda said:

So we are both in europe right now so i havent even filed taxes for three years as i have not been working. We are using a joint sponsor.  So i cant sponsor my wife but her USC cousin will be our sponsor. Is there any other issues it may rise? Can they deny the visa because of my debt?

You are the primary sponsor.  You will have to explain why you were not required to file taxes for the last 3 years.

[Milda 31]

4 hours ago, Lucky Cat said:

You are the primary sponsor.  You will have to explain why you were not required to file taxes for the last 3 years.

Yes, surely. But explaining to them that i was un able to get a job in a foreign country is enough right?

[Unlockable 7,315]

8 hours ago, Milda said:

Yes, surely. But explaining to them that i was un able to get a job in a foreign country is enough right?

No. The requirement for US citizens is to file taxes. Not pay them. If you would have filed then you would have put $0 as your income because you could not find a job. But you still have to file your tax information every year.

[GMvietnam 28]

2 hours ago, Unlockable said:

No. The requirement for US citizens is to file taxes. Not pay them. If you would have filed then you would have put $0 as your income because you could not find a job. But you still have to file your tax information every year.

I'm interested where you find the source of this info.  If he doesn't work and had $0 income, how does one file taxes?

 

[Unlockable 7,315]

1 hour ago, GMvietnam said:

I'm interested where you find the source of this info.  If he doesn't work and had $0 income, how does one file taxes?

 

It is not difficult to file taxes with $0 income. Every tax service explains how.

 

Example, here is Turbo Tax's: 

https://turbotax.intuit.com/tax-tips/irs-tax-return/can-i-file-an-income-tax-return-if-i-dont-have-any-income/L5T6d4PZP

Quote

Any year you have minimal or no income, you may be able to skip filing your tax return and the related paperwork. However, it's perfectly legal to file a tax return showing zero income, and this might be a good idea for a number of reasons.

 

Now, the key reason one should have been filing taxes in the OP's case is for immigration purposes and child support issues.

 

IRS info on filing taxes for expats: https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

[GMvietnam 28]

5 minutes ago, Unlockable said:

It is not difficult to file taxes with $0 income. Every tax service explains how.

 

Example, here is Turbo Tax's: 

https://turbotax.intuit.com/tax-tips/irs-tax-return/can-i-file-an-income-tax-return-if-i-dont-have-any-income/L5T6d4PZP

 

Now, the key reason one should have been filing taxes in the OP's case is for immigration purposes and child support issues.

 

IRS info on filing taxes for expats: https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

I don't see where it says "The requirement for US citizens is to file taxes" with $0 income.  Child support based on current income in most cases, not prior tax years.  But I'm not an expert at this stuff, I'm only here to learn from the pros...Thanks for the info.

 

[ThomasNC1988 762]

You absolutely don't have to file taxes if you have no income. Only reason to file would be if you qualified for some type of credit. You would need to submit your evidence of why you didn't need to file in place of your tax transcripts.

 

https://turbotax.intuit.com/tax-tips/irs-tax-return/can-i-file-an-income-tax-return-if-i-dont-have-any-income/L5T6d4PZP#:~:text=Individuals who fall below the,aren't obligated to file.

 

Edit to add advice for OP. Maybe come back to America and get your life in order to take care of the responsibilities you left behind before bringing over a whole new set you can't afford.

Edited March 29, 2021 by ThomasNC1988

[Milda 31]

On 3/29/2021 at 9:04 PM, ThomasNC1988 said:

You absolutely don't have to file taxes if you have no income. Only reason to file would be if you qualified for some type of credit. You would need to submit your evidence of why you didn't need to file in place of your tax transcripts.

 

https://turbotax.intuit.com/tax-tips/irs-tax-return/can-i-file-an-income-tax-return-if-i-dont-have-any-income/L5T6d4PZP#:~:text=Individuals who fall below the,aren't obligated to file.

 

Edit to add advice for OP. Maybe come back to America and get your life in order to take care of the responsibilities you left behind before bringing over a whole new set you can't afford.

Problem isnt really affording. Problem was to find a way to pay and now our last problem is to get back to be able to access our funds of over 100k. Also have a job waiting so we will be fine once we get there.

[Milda 31]

Hi! I yet again have a question! 
 

so we are all outside the united states at the moment. In 2015-16 overstayed ESTA by a few days under a year. So the 3 year ban is over. We should be fine when it comes to that right? We have pretty heavy reasons for the overstay anyway. 
 

but my biggest issue now is since the Citizen part (husband) is not in the US right now and so has no income or bank account there. How difficult is it for us to get the visa? We do have a joint sponsor ready. We do not wanna separate for the process as we have 3 kids together. How easily do they deny you? For not enough proof of domicile or over stay issues?

[laylalex 7,293]

1 hour ago, Milda said:

Problem isnt really affording. Problem was to find a way to pay and now our last problem is to get back to be able to access our funds of over 100k. Also have a job waiting so we will be fine once we get there.

So you have $100k to hand but you couldn't pay child support of $10k over the past four years? There was no way to go back to the US on a trip at all during those 4 years that you've been in Europe and arrange for payment from, say, a US account?

 

My husband pays child support every month like clockwork for the daughter he shares with his ex. It's his pleasure to do this because he loves his child and wants to make sure she is well taken care of. He has lived in a different country from his daughter for nearly three and a half years and he figured out how to make sure that money gets paid on time and in full. 

 

Sort this out, for your sake and the sake of your new family, but above all for your other child's sake.

[neca 166]

There is a lot of information on this website from people in a very similar situation to you. Plenty (including myself) stay in the foreign country with the immigrant spouse and are able to prove domicile. You can use the guides tab and the search bar function to find recommended information and anecdotes from others in similar situations to yours.

 

Good luck!

[SalishSea 17,928]

5 hours ago, Milda said:

Hi! I yet again have a question! 
 

so we are all outside the united states at the moment. In 2015-16 overstayed ESTA by a few days under a year. So the 3 year ban is over. We should be fine when it comes to that right? We have pretty heavy reasons for the overstay anyway. 
 

but my biggest issue now is since the Citizen part (husband) is not in the US right now and so has no income or bank account there. How difficult is it for us to get the visa? We do have a joint sponsor ready. We do not wanna separate for the process as we have 3 kids together. How easily do they deny you? For not enough proof of domicile or over stay issues?

Separating for some of the process may be inevitable.  Domicile is evaluated differently by different consulates.

 

Not sure why you're looking so far ahead with this though....sounds like you have some significant debt/tax issues to sort out before anything else can happen.

 

US immigration is not fast, or cheap.