u/Inevitable-Elk-3633

Hi everyone,

I'm currently in the US with a pending EB3 AOS (I-485) application. Recently, I received an IRS Notice CP504 (Final Balance Due Reminder / Intent to Levy) at my current address, but it is addressed solely to my ex-spouse. My name is not on the document at all.

Here is the context of our visa and tax situation:

• The Debt: It’s for Tax Year 2021 under Form 1040NR (Nonresident Alien), totaling $1,500
• Visa Timeline: Around that time (2021), she was likely on OPT (F-1) before later transitioning to an H-4 visa dependent on my H-1B. We legally married in August 2021.
• Current Status: We are now legally divorced. The divorce caused her to lose her H-4 status, and she has permanently relocated back to her home country outside the US. I am not in contact with her.
• The Twist: Along with the debt notice, I also have an unopened IRS refund check issued in her name from a different transaction. I do know her full 9-digit SSN.

I absolutely do NOT want to pay this out of my own pocket, but I want to make sure my own immigration track is safe. I have a few questions for this sub:

1. Will this affect my pending I-485? Since she filed a 1040NR under her name only (as a nonresident alien due to her OPT status back then), this is strictly her individual tax liability, correct? Even though we were married for part of 2021, does USCIS ever link an ex-dependent's individual tax debt to the primary H-1B petitioner during AOS?
2. Can/Should I mail her refund check back to the IRS to offset this? Since I have her physical refund check and her SSN.
3. What is the best way to handle the mail?

I want to be 100% sure this won't trigger any RFE or public charge/financial responsibility issues for my EB3 case. Any insights or similar experiences would be greatly appreciated!

Hi everyone,

I recently received an ex-spouse's IRS Notice CP504 (Final Balance Due Reminder / Intent to Levy) at my current address. Here are the details:

I do NOT want to pay this out of my own pocket. However, I want to handle this correctly for both our sakes. I have a few questions:

1. Can I use her refund check to offset this debt without contacting her? Since I have the physical refund check (in her name) and her SSN.
2. If not, what is the best way to handle this?

I am planning to call the IRS directly to verify, but I wanted to check here first to see if the IRS will even talk to me since my name isn't on the account.

Thank you in advance for your insights!

Update:
To clarify, I did NOT open the refund check; it is still sealed. I only opened the debt notice because it arrived in my mailbox marked as an urgent 'Final Notice,' and I needed to verify if my address was affected.