2009 Tax returns (for interview)

[JaJo08 0]

Since our interview will most likely be in early/late April, I'm wondering if it is required that I bring my filed 2009 tax returns. If so, do I need to show on the return that I'm married and filing either jointly/separately too? My wife hasn't even lived here yet, so in my accountants eyes he would just file me as "single" for the 2009 tax year, but if this is for immigration purposes then he would rather file me as "married" if it's going to be viewed by immigration officials for that purpose. It just get's messier apparently because then he has to count her 2009 income on my tax statement even though she worked in Canada and wasn't even living here. He say's I could owe a significant amount then depending on what her income is. Is the tax return really necessary for the interview or can I just bring pay stubs?

thanks,

J

[And_Sam 44]

I asked the same question about the taxes. I was told that since my husband was not in the USA in the year 2009, even though we are married, he does not have a SS# or a tax id. His income is still in Egypt at the time. So I still filed as single or, head of household.

Our interview is the 22 of this month, and I plan to be there with him. I did my taxes all ready because Cairo is known to ask for certain things and I just didn't want any delay due to the 2009 income tax return.

[lucyrich 20]

You'll eventually have to show them your 2009 tax returns, if not for a visa, then for adjustment of status, and if not for adjustment of status, then for removal of conditions. Or eventually for citizenship, if you decide to pursue that.

So file those taxes correctly. Immigration officials don't care about much of anything except that they're filed, and that you use one of the statuses that's legally available to married people. The filing status "single" is not legally available to anyone who is married (unless they are under a court-ordered separation agreement, but that would probably make immigration difficult/impossible).

See IRS publication 519. You can either file married filing jointly or married filing separately. If you file jointly, you'll probably have to sign a paper electing to treat your nonresident alien spouse as a resident. That would make you have to declare her income. But under the foreign earned income exclusion, she probably won't be taxed on the first $87,000 or so of income (I've forgotten the exact amount, but it's in that neighborhood).

Or you can file "married filing separately", to avoid declaring or paying tax on any of her income, but your own income tax rates will be higher.

[dj's baby 0]

Can someone please answer me? My husband (he's the US citizen) and I have just filed the I-130 in January and received our NOA1, but what worries me is the fact that he didn't file for his tax returns in the last 3 years. What will happen with that and how can we make it right?

[trailmix 77]

Since our interview will most likely be in early/late April, I'm wondering if it is required that I bring my filed 2009 tax returns. If so, do I need to show on the return that I'm married and filing either jointly/separately too? My wife hasn't even lived here yet, so in my accountants eyes he would just file me as "single" for the 2009 tax year, but if this is for immigration purposes then he would rather file me as "married" if it's going to be viewed by immigration officials for that purpose. It just get's messier apparently because then he has to count her 2009 income on my tax statement even though she worked in Canada and wasn't even living here. He say's I could owe a significant amount then depending on what her income is. Is the tax return really necessary for the interview or can I just bring pay stubs?

thanks,

J

Generally no, they won't need the 2009 return. I say generally because, the affidavit of support is supposed to be considered adequate from the time the form is signed. But in some cases they do ask for it. Pay stubs should suffice.

As for filing single or not - unless your wife made around 90k last year (Canadian dollars converted to U.S. dollars) then you should probably file married filing jointly - otherwise you may be missing out on some credits. I say around 90k because that is roughly the amount of her foreign income you would be able to exclude.

All that aside, why he would advise you to file 'single' - I have no idea - unless he meant 'married filing separately' - I doubt immigration cares at all how you file - but filing single is - well it's just wrong.

So you can file Married filing separately - or married filing jointly - but your accountant should work both scenarios before telling you that it will have you owing money. Since she doesn't have an ITIN or SSN yet, I assume, you could file married filing separately now and amend the return later if you are in a hurry to file - otherwise you could apply for an ITIN when filing the joint return.

Can someone please answer me? My husband (he's the US citizen) and I have just filed the I-130 in January and received our NOA1, but what worries me is the fact that he didn't file for his tax returns in the last 3 years. What will happen with that and how can we make it right?

Can't answer this as you did not tell us why he didn't file. Did he file because he didn't have to - or was his income very low? Or did he not file because he - just didn't.

The answer to this is on the I-864, page 6, item 25, paragraph 6. You should really read all the instructions on the form before proceeding.

Edited February 6, 2010 by trailmix