Need Help Please

[mounir and suzie 0]

Hi and Happy New Year all MENA Friends wish all of you doing good , sorry i know it had been long time for me to post anything on here but i was really busy , i need your help because i am so so so confused i will start my question ,, well i got a letter from the USCIS for the interview for my AOS and they ask me for the papers work they need for me and for my wife ,one of them is the Tax Return or any recently tax for me so the problem here my wife working from home and i help here with this business so when we sent them the paper when first start the process for the AOS she send them her Federal Tax under her name only because she did not add me to any tax also i did not work anywhere so i do not have any kind of tax and i am here for two years now so what i should do in my interview ? is that simple to say i don't work so i do not have any kind of tax and also i can't say that i help her with her business because in this case i need a tax Report and we do not have money now to go to H@R to ask for sharing tax because it will cost us $350 .. sorry for talking a lot but time is short and i really need to understand it clearly . so please advice me what to do and what the right to say in the interview to make everything going good without any delay , ah i forget to tell you that i do have my AID for work but i don't work any place .

Thanks so much for you all and wish the best for all of you .

[together4evr 360]

Many people do not get jobs or work in USA before AOS and they pass just fine.

But what other proof of co-mingling of assets do you have?

Joint banking?

Joint credit cards?

Are you her life insurance beneficiary?

Are you on her healthcare plan for health insurance?

Do you have a drivers license with the same address on it?

Do you have the light or gas bill in your name?

Has family sent you cards or mail in Both your names

There is alot of proof you can submit without having a job.

But she still needs to have filed taxes. and for 2011 she needs to file married filing jointly.

When is your interview?

[together4evr 360]

I just looked at your timeline. You have been in te usa since Dec 2009.

Did you file taxes together for the last 2 years? Married filing jointly?

If she did not then she needs to fix them quickly. She should not have filed married filing separately. and she should not file head of household unless she has children in the home.

If that is what the government is questioning then she needs to speak to a tax man or amend her taxes quickly.

Good Luck

[Darnell 8,478]

Hang on a mo.

Yer adjusting status FROM a K-3

so YOU will not have any SSN

so it's sorta weird to have any tax return info

as you aren't allowed to work, as a K-3 visa holder.

I'm thinking the adjudicator on yer casefile is confused, much.

At best, you could have applied for an ITIN after you arrive in USA via the W-7 form and your wife filing the entire tax return, via paper filing process, to the special ITIN/W-7 address in Austin Texas.

re: AID for work? Sorry, you mean EAD? With an EAD card you can get a SSN, within about 2 to 3 days at yer local SSA office (two trips - one to apply, second trip to get the number - card mailed out 2 weeks later)

and then

You and your wife refile tax returns, the 1040X, one for each year that you've been here. IMO, that'll satisfy the requirement. Can get it done without HR block, and you'll probably have a nice surprise, a retro-active tax refund.

If you start on Monday with the trip into yer local SSA office, you SHOULD be finished up by Friday, to submit the 1040X via paper submittal. Keep an entire copy of everything you've submitted, as the adjudicator wants to see this before you are issued a greencard .

Good Luck to you !

Edited January 9, 2012 by Darnell

[together4evr 360]

Mounir,

Did you ever adjust your status when you came to USA?

Are you now applying to remove conditions?

Thanks

[mounir and suzie 0]

Mounir,

Did you ever adjust your status when you came to USA?

Are you now applying to remove conditions?

Thanks

No let me tell you , i am a K3 visa so i come here at the end of 2009 with valid visa for 2 years , now i adjust my status and my interview on 1/23/12 .

Thanks for your reply

[mounir and suzie 0]

Hang on a mo.

Yer adjusting status FROM a K-3

so YOU will not have any SSN

so it's sorta weird to have any tax return info

as you aren't allowed to work, as a K-3 visa holder.

I'm thinking the adjudicator on yer casefile is confused, much.

At best, you could have applied for an ITIN after you arrive in USA via the W-7 form and your wife filing the entire tax return, via paper filing process, to the special ITIN/W-7 address in Austin Texas.

re: AID for work? Sorry, you mean EAD? With an EAD card you can get a SSN, within about 2 to 3 days at yer local SSA office (two trips - one to apply, second trip to get the number - card mailed out 2 weeks later)

and then

You and your wife refile tax returns, the 1040X, one for each year that you've been here. IMO, that'll satisfy the requirement. Can get it done without HR block, and you'll probably have a nice surprise, a retro-active tax refund.

If you start on Monday with the trip into yer local SSA office, you SHOULD be finished up by Friday, to submit the 1040X via paper submittal. Keep an entire copy of everything you've submitted, as the adjudicator wants to see this before you are issued a greencard .

Good Luck to you !

Thanks so much for your reply , let me tell you and make it more clear , yes i do have a SSN and EAD sorry for my misspell but i didn't work because i kept looking but no luck other wise all this time i work with my wife from home with her company , so i am so confused now because when we sent the papers work to USCIS she sent them form W 7 for her Tax but just have her name on it so i really don't know if i should tell them the truth that i working with her but then are they will ask for any form of tax have my name on it or i just say to them i didn't work and didn't maintain that i help her ? i do have other proof like joint bank account,rent, billies and letters have our address on it with our name .

Thanks and good luck to you

[mounir and suzie 0]

I just looked at your timeline. You have been in te usa since Dec 2009.

Did you file taxes together for the last 2 years? Married filing jointly?

If she did not then she needs to fix them quickly. She should not have filed married filing separately. and she should not file head of household unless she has children in the home.

If that is what the government is questioning then she needs to speak to a tax man or amend her taxes quickly.

Good Luck

How we can file it ? no she did not file Married filing jointly . all she did is file form w 7 and send it to USCIS when we send all the papers work to them.

Thanks and Good Luck

[mounir and suzie 0]

Many people do not get jobs or work in USA before AOS and they pass just fine.

But what other proof of co-mingling of assets do you have?

Joint banking?

Joint credit cards?

Are you her life insurance beneficiary?

Are you on her healthcare plan for health insurance?

Do you have a drivers license with the same address on it?

Do you have the light or gas bill in your name?

Has family sent you cards or mail in Both your names

There is alot of proof you can submit without having a job.

But she still needs to have filed taxes. and for 2011 she needs to file married filing jointly.

When is your interview?

My interview on 1/23/2012 ,about the other proofs yes we do have Joint Banking and all the bills have same address and our name on it , so she sent the USCIS from w7 for her Tax when we sent them all the papers work including the medical exam and all then they asked me to do my finger print then they send me the letter for the interview date with what papers they need me to bring , so please let me know what we need to get now because my problem now that we do not have much money and i need to know if that right to tell them that i do not have any jop for two years without mention that i was working with her on her company because if i did i guess they will ask me why then there is no tax joint with both your name on it . so i just want to know what the right to do.

Thanks a lot

[together4evr 360]

it sounds like the government is questioning her tax returns the last 2 years. what did she file. you will get in trouble if you worked and got paid and did not claim taxes

[Darnell 8,478]

Thanks so much for your reply , let me tell you and make it more clear , yes i do have a SSN and EAD sorry for my misspell but i didn't work because i kept looking but no luck other wise all this time i work with my wife from home with her company , so i am so confused now because when we sent the papers work to USCIS she sent them form W 7 for her Tax but just have her name on it so i really don't know if i should tell them the truth that i working with her but then are they will ask for any form of tax have my name on it or i just say to them i didn't work and didn't maintain that i help her ? i do have other proof like joint bank account,rent, billies and letters have our address on it with our name .

Thanks and good luck to you

ok - so this will be less time consuming, no trips into SSA office.

File 1040X for these past 2 tax years, include you on , change status to 'married filing jointly'.

since yer really not working, this is a great opportunity to learn more about how to fill out tax forms.

But it is a decision to make, aye? They've asked for tax info on YOU - you not have it - you can MAKE IT this week with tax form 1040X.

Good Luck !

[Darnell 8,478]

hey - how's it coming with the tax forms?

[mounir and suzie 0]

hey - how's it coming with the tax forms?

Hi first i want to thank everyone on here for the great help, about the tax forms nothing yet but we work on that i will keep inform you about that ,by the way i just today update my time line ,my interview day on 1/23/2012.

Have a good one everyone.

[Darnell 8,478]

wow - that was a week already, 5 working days. I'm shocked, but ok. Ultimately, it's your decision to file amended returns showing YOU on the income tax forms - that's what the 1040X is all about.