Sponsorship/marriage question

L

Luci_merlion

Registered Users (C)
Hello,

My boyfriend is an American citizen and we've been together for 3 years. I am currently in F1 status and would like to get married and adjust status. However, he is self employed and failed to file taxes on time. He recently went to IRS and they sent him a payment plan. He owes 3.500$. How can this impact my adjustment of status? Should he finish pay what he owes first and then petition for me? Or would it be easier to find a co-sponsor. It looks as if he's making enough money to complete the sponsorship form himself. Please help!

Thank you!
Luci_merlion
 
Luci_merlion said:
Hello,

My boyfriend is an American citizen and we've been together for 3 years. I am currently in F1 status and would like to get married and adjust status. However, he is self employed and failed to file taxes on time. He recently went to IRS and they sent him a payment plan. He owes 3.500$. How can this impact my adjustment of status? Should he finish pay what he owes first and then petition for me? Or would it be easier to find a co-sponsor. It looks as if he's making enough money to complete the sponsorship form himself. Please help!

Thank you!
Luci_merlion
Click to expand...

Find a co-sponsor, in that way you will not have to worry about RFE or other questions that will cause problems and slow downs with your case...
 
Luci_merlion said:
Hello,

My boyfriend is an American citizen and we've been together for 3 years. I am currently in F1 status and would like to get married and adjust status. However, he is self employed and failed to file taxes on time. He recently went to IRS and they sent him a payment plan. He owes 3.500$. How can this impact my adjustment of status? Should he finish pay what he owes first and then petition for me? Or would it be easier to find a co-sponsor. It looks as if he's making enough money to complete the sponsorship form himself. Please help!

Thank you!
Luci_merlion
Click to expand...

Strictly my opinion: All the USCIS asks for is a minimum income, nothing about financial obligations. As I see it, owing the IRS $3500 is no different than having a credit card with a $3500 balance which the USCIS doesn't care about.
 
I think that wouldn't affect your AOS at all.
It's business within him and IRS.
And he did file ultimately and got a payment plan.

I think you're ok.
 
Thank you for your prompt reply. The reason I asked is because I know he has to submit documentation showing he paid taxes for the last year. Or is this not accurate? How exactly does he show that he can support me? This is the only thing that stops us from going ahead with this.


Thanks again! You guys are great!

Luci_merlion
 
Luci_merlion said:
Thank you for your prompt reply. The reason I asked is because I know he has to submit documentation showing he paid taxes for the last year. Or is this not accurate? How exactly does he show that he can support me? This is the only thing that stops us from going ahead with this.


Thanks again! You guys are great!

Luci_merlion
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Well you say he was late in paying taxes. But he did file eventually, and that filing shows his income which is the proof needed.

BTW, shouldn't you get married first before filling out all the paperwork?
 
Thank you for that! He went to this accountant and filed for taxes like I've said. Now he has a monthly payment that he has to make to IRS.

Now understand that he does not have to pay off everything in order for us to file the immigration paperwork. The way we planned things was for him to pay the taxes, me graduate and get my degree (I have one semester left) and then get married and adjest status. So, yes, we will surely get married before sending in the application :)) Now we really don't have to wait for the taxes to be paid (He will eventually pay them but he has lots of expenses right now and it will be faster not to have to show payment receipts).

Luci_merlion
 
I tend to think that USCIS doesn't want to know whether your spouse pays taxes or not.

They want to know how much money he makes and IRS is a reliable source for that information especially when they have to deal with self-employed sponsors and applicants. USCIS wants to find out if you guys meet the financial requirements or if you'd need an additional sponsor.

When you read through the form I-134 http://www.uscis.gov/graphics/formsfee/forms/files/i-134.pdf
you won't find any questions regarding payments. They only want to know if the sponsor already filed any other Affidavit of Support for other immigrants.
 
Sorry but I was talking about the I-864 form. I thought that was the affidavit that he has to file. And there it says to provide the required photocopy or transcript of his Feredral tax return for only the most recent year. Then it asks him to write the total income (adjusted gross income on IRS Form 1040EZ) as reported in the Federal tax return for the most recent 3 years. Optional they also ask to provide photocopies or transcripts of Federal tax returns for 2nd and 3rd years. That's what they ask on page 4.

So now when he went to file tax return late they charged him those taxes based on the amount of money he declared. He declared 36.000$/year which is above the poverty line. By asking the above documents, isn't the immigration asking to also see if he paid those taxes??? Now he is in the process of paying but still owes them. On page 11, however, at the check list section it says "All sponsors should provide the individual Federal income tax return, including W2 (I don't think he has a W2). Then it says "If you are currently self-employed, provide a copy of your Schedule C, D, E or F from your most recent Federal Tax Return which establishes your income from your business. (Well he does not have a business but his job still qualifies him as self-employed).

It is rather confussing...I will see him tonight and ask what documents he has and what he's missing if anything.

Any other insights will be very much appreciated.

Thank you
 
Luci_merlion said:
So now when he went to file tax return late they charged him those taxes based on the amount of money he declared. He declared 36.000$/year which is above the poverty line. By asking the above documents, isn't the immigration asking to also see if he paid those taxes??? Now he is in the process of paying but still owes them. On page 11, however, at the check list section it says "All sponsors should provide the individual Federal income tax return, including W2 (I don't think he has a W2). Then it says "If you are currently self-employed, provide a copy of your Schedule C, D, E or F from your most recent Federal Tax Return which establishes your income from your business. (Well he does not have a business but his job still qualifies him as self-employed).
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In order to file a tax return one has to have some evidence that the amount he is claiming is truly how much has been earned. Most common is W2, if the person is self employed he need to present to IRS those schedules in order to file a tax return. I misunderstood your question originally and suggested to get a co-sponsor. But since you are saying he has enough income to be over 125% of poverty line, then you'll be fine. His tax return that you are saing he has filed and the documentation that he based the filing of his tax return on (that show his earnings), will be sufficient for I-864
 
Luci_merlion said:
Sorry but I was talking about the I-864 form. I thought that was the affidavit that he has to file....
Click to expand...

You're right. My mistake.
http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdfPage 8

If you checked box 22(b) (self-employed), you should have completed one of the following forms with your Federal income tax return:
Schedule C (Profit or Loss from Business),
Schedule D (Capital Gains),
Schedule E (SupplementalIncome or Loss) or
Schedule F (Profit or Loss from Farming).
You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support.
Click to expand...

I was wondering about this
If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the three most recent years.
Click to expand...
Does that mean they subtract his payments from that income ? Anybody ?
 
Why make this so complicated everyone?

W2s, 1099, Schedule Cs, Ds, Fs...it's all based on the source of income, depending on each situation, nothing more. If you are salaried send in W2. If you own a business send in Schedule C. If you are a contractor, send in 1099s. If your entire source of income is from stock dividends, send in Schedule D and so on.

Just like the IRS doesn't care about your current I-485 status when you file your taxes, the USCIS doesn't care if you paid your taxes on time or not. All they care about is seeing that the bare minimum income is being met and the IRS is the best unbiased source for that information, that's all.
 
eddie_d said:
Why make this so complicated everyone?

W2s, 1099, Schedule Cs, Ds, Fs...it's all based on the source of income, depending on each situation, nothing more. If you are salaried send in W2. If you own a business send in Schedule C. If you are a contractor, send in 1099s. If your entire source of income is from stock dividends, send in Schedule D and so on.

Just like the IRS doesn't care about your current I-485 status when you file your taxes, the USCIS doesn't care if you paid your taxes on time or not. All they care about is seeing that the bare minimum income is being met and the IRS is the best unbiased source for that information, that's all.
Click to expand...

Yes, I agree. Except I would make sure that you have 3 years of tax returns and support documents(whether they are W2's or 1099 or Schedule C etc.) They often tend to ask for 3 years now. However, you could risk it with 1 year, but if you have 3 years, definitely take 3 years.

If you are still very stressed about the tax issue(which I personally think is irrelevant as long as he is making his payments), get a joint sponsor to fill out a form also. Do not offer it, unless they say what you have is not sufficient. If they dont ask for it, shred it and let the person know you never submitted it. But then you have a backup.
 
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