Green Card Process and Taxes

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mustafa34kc

Registered Users (C)
Hi guys .. I am not sure if this was discussed before or not. I would like your thoughts and ideas on which would be the best way to handle this issue, if it is an issue. I do apologize in advance for the long post.

I recently applied for an I-130 (PD is 12/23/2010) for my spouse who is overseas right now. For the most part of 2010 I was unemployed due to the economy and pretty much lived off unemployment and money from 401K. I recently worked on my taxes and found out I am going to over 16K in taxes due to taking money out of 401k. Which one of these scenarios you think I should follow to make sure this issue will not impact my spouse's visa processing.

1) I can file right now and apply for a payment installment agreement. I will have my 2010 forms ready to send to the NVC when that time arrives.

2) File for an extension which will give me 4 extra months. I will not have my 2010 forms ready to send to NVC.

Which one of those options would be the safest option. Also, one more thing. Since my spouse is overseas right now and have no SSN yet. I was looking at getting a TIN for her by filing a W-7 form. The form asks how the applicant arrived in the US and legal status. Can I still file a W-7 for her although she is overseas? If not, how should I handle my filing status since they will not accept my forms if I do not provide SSN/TIN for her if I file married filing separate.

Thank you very much for your input.
 
Hi BigJoe5, I am just interested in finding out if my situation will have any impact on wife's visa. I am not worried about dealing with the IRS just how all of this will impact the green card process for my wife if it will have any impact at all.
BigJoe5 said:
You don't need an immigration forum, you need a tax accountant.
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QUOTE=TheRealCanadian;2267600]Filing an extension doesn't give you an extra four months to pay tax due. That's still due on 4/15.[/QUOTE]


Very important point!
 
Concerned4us said:
QUOTE=TheRealCanadian;2267600]Filing an extension doesn't give you an extra four months to pay tax due. That's still due on 4/15.
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Very important point![/QUOTE]

Thank you guys. I should have worded that statement in a different way. I can file for an extension per http://www.irs.gov/pub/irs-pdf/f4868.pdf but I would to pay interest and penalties. There is always a catch. What I really wanted to know from this whole post of my tax debt will have any impact on finishing the visa process for my wife.
 
mustafa34kc said:
I can file for an extension per http://www.irs.gov/pub/irs-pdf/f4868.pdf but I would to pay interest and penalties. There is always a catch.
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You're probably best off getting a loan if you can, or requesting a payment plan with IRS, rather than the extension.

What I really wanted to know from this whole post of my tax debt will have any impact on finishing the visa process for my wife.
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So long as you have an arrangement with IRS to pay, you should be fine. Having an outstanding liability where one is incurring taxes and penalties? Not fine.
 
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