Taxes Not Paid, Can sponsor wife?

[YasArr 24]

Hey all, 

 

I have a question. If someone, who is a US born citizen and wanted to marry someone out from US. Can that person sponsor spouse visa if he hasn't paid his taxes since last 17 years?? How he can call his wife over to the US??

[Troy B 223]

1 minute ago, YasArr said:

Hey all, 

 

I have a question. If someone, who is a US born citizen and wanted to marry someone out from US. Can that person sponsor spouse visa if he hasn't paid his taxes since last 17 years?? How he can call his wife over to the US??

Note if you have taxable income, as a US Citizen you are responsible to file US federal taxes.   To answer your question, it sounds like you will need a joint sponsor,  somebody in your life that would be willing to support your spouse.

[YasArr 24]

4 minutes ago, Troy B said:

Note if you have taxable income, as a US Citizen you are responsible to file US federal taxes.   To answer your question, it sounds like you will need a joint sponsor,  somebody in your life that would be willing to support your spouse.

So if his sister show her taxes and become a sponsor, than it would be fine, right??

[Crazy Cat 41,888]

12 minutes ago, Troy B said:

Note if you have taxable income, as a US Citizen you are responsible to file US federal taxes.   To answer your question, it sounds like you will need a joint sponsor,  somebody in your life that would be willing to support your spouse.

But the primary sponsor must be current on taxes also.....at least the last 3 years.

Edited October 17, 2021 by Crazy Cat

[Troy B 223]

5 minutes ago, YasArr said:

So if his sister show her taxes and become a sponsor, than it would be fine, right??

Both the petitioner and sister would fill out an i-864  (if the sister is married, her husband should include a i-864a).

And highly recommended the sister gets a Tax Return transcript from the IRS.  

[Crazy Cat 41,888]

16 minutes ago, YasArr said:

Can that person sponsor spouse visa if he hasn't paid his taxes since last 17 years?? How he can call his wife over to the US??

A primary sponsor (the spouse) must current on taxes for the last 3 years.....

[Emily8460 13]

Just now, Crazy Cat said:

But the primary sponsor must be current on taxes also.....at least the last 3 years.

Just now, Crazy Cat said:

But the primary sponsor must be current on taxes also.....at least the last 3 years.

I’m also wondering this. I’ve been abroad aod and haven’t filled my taxes for 2018,2019… so I must file them even if I have a joint sponsor and I filed 2020 showing I make above required amount while I was working abroad? 

[YasArr 24]

6 minutes ago, Crazy Cat said:

A primary sponsor (the spouse) must current on taxes for the last 3 years.....

So you suggest that he should pay at least last 3 years of taxes. Can he pay now??

[Crazy Cat 41,888]

21 minutes ago, Emily8460 said:

 

Yes.  By law, If you earned enough to meet the reporting threshold, you must report all world-wide income.  The I-864 REQUIRES you to list the amounts from the last 3 tax years or list the reason you were not required to file those years.  

15 minutes ago, YasArr said:

So you suggest that he should pay at least last 3 years of taxes. Can he pay now??

He needs to speak with a tax attorney or specialist.  Yes, he can back file. 

Edited October 17, 2021 by Crazy Cat

[Troy B 223]

3 minutes ago, Emily8460 said:

I’m also wondering this. I’ve been abroad aod and haven’t filled my taxes for 2018,2019… so I must file them even if I have a joint sponsor and I filed 2020 showing I make above required amount while I was working abroad?

A quick google search showed the 2020 exclusion of foreign income at US$107,600,  if you made more than that number (when covered to USD),  you are responsible to file your federal taxes with the US.   And if you made more than that,  then are you are looking at penalties from IRS for not filing.    If you made less then the exclusion amount,  then you I don't think you need to file taxes,  but you will at the NVC i-864 stage put a note that you earned less then taxable amount.

[Crazy Cat 41,888]

The 3 boxes below (on the I-864) must be completed or an explanation must be given as to why the sponsor was not required to file taxes for those years.  This is required for sponsors and joint sponsors.

 

Edited October 17, 2021 by Crazy Cat

[nastra30 2,287]

1 hour ago, Troy B said:

If you made less then the exclusion amount,  then you I don't think you need to file taxes

One will still need to file taxes even if they made less than the exclusion amount of US$107,600 but they will not pay taxes on that amount. They still need to file so the gov't knows that they are excluding that amount. The only time they are not required to file is if they made less than minimum income to file taxes which as of 2020 is $12,400.

[HRQX 4,145]

1 hour ago, Troy B said:

If you made less then the exclusion amount,  then you I don't think you need to file taxes

That is incorrect. The taxes still need to be filed even if "less then the exclusion amount"

 

Only if less than the very low general filing thresholds then not required to file the tax return. For 2020 it was: https://www.irs.gov/pub/irs-pdf/i1040gi.pdf Page 10

FILING STATUS	GROSS INCOMEAST
Single	$12,400
Married filing jointly	$24,800
Married filing separately	$5
Head of household	$18,650
Qualifying widow(er) with dependent child	$24,800

Edited October 17, 2021 by HRQX

[JeanneAdil 6,511]

1 hour ago, YasArr said:

So you suggest that he should pay at least last 3 years of taxes. Can he pay now??

He can fill out tax returns for last 3 years and pay taxes (federal and state) plus SS and medicare

 

IRS will send 3 bills for the interest and penalities

 

Generally, interest accrues on any unpaid tax from the due date of the return until the date of payment in full. The interest rate is determined quarterly and is the federal short-term rate plus 3 percent. Interest compounds daily

[JeanneAdil 6,511]

1 hour ago, Troy B said:

A quick google search showed the 2020 exclusion of foreign income at US$107,600,  if you made more than that number (when covered to USD),  you are responsible to file your federal taxes with the US.   And if you made more than that,  then are you are looking at penalties from IRS for not filing.    If you made less then the exclusion amount,  then you I don't think you need to file taxes,  but you will at the NVC i-864 stage put a note that you earned less then taxable amount.

you do have to file to get the exclusion (form 2555 ) to be able to deduct it

BTW  are u looking to be audited?    not filing when needed begs an audit

 

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.Jun 2, 2021

Edited October 17, 2021 by JeanneAdil