Tax Transcripts and Amendments

[Nartaki 7]

The ITIN is for people who have a tax liability. My wife doesnt have a tax liability because she never worked so we didnt get the ITIN for her.

This is from the IRS website:

How do I know if I need an ITIN?

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

[Kittyfang 6]

The ITIN is for people who have a tax liability. My wife doesnt have a tax liability because she never worked so we didnt get the ITIN for her.

This is from the IRS website:

How do I know if I need an ITIN?

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

Well, I don't work, but since I married a USC and am living in the U.S. I was told (by our H&R Block person) that even if someone doesn't work, they have to file.

[Nartaki 7]

I just did some research on the IRS website and found this:

Your filing status depends on what your marital status was as of on the last day of the tax year (Dec 31st 2009). I got married in 2010. So I have to file for single. Furthermore, I also read that if I filed for "married", the IRS may claim it as a fraudulent tax return.

See Page 24 of this document: IRS Publication 17

[Kittyfang 6]

I just did some research on the IRS website and found this:

Your filing status depends on what your marital status was as of on the last day of the tax year (Dec 31st 2009). I got married in 2010. So I have to file for single. Furthermore, I also read that if I filed for "married", the IRS may claim it as a fraudulent tax return.

See Page 24 of this document: IRS Publication 17

That's very true. I was speaking from my own experience (I was married in 2007), so I'm sorry for the confusion.

[trailmix 77]

Even if you got married on April 14, 2010, you are considered married for the whole 2009. Unless your spouse lives in another country (non-resident) you had to file "Married".

This is absolutely wrong. You cannot file as married for 2009 if you did not marry until 2010.

The tax year does not run from April to April. The tax year runs from January 1st to December 31st inclusive.

The cut off date for submitting your taxes for the previous year is April 15th - you are confusing the two.

If you are a business - then your tax year might be different - but not for employees.

Edited April 18, 2010 by trailmix

[Bobby+Umit 161]

At the Embassy, maybe. Embassy has different standards and they are more strict.

But for AOS process via USCIS, they don't do math or calculate stuff. There is no way for them to know if I have paid my taxes or I haven't or maybe I didn't pay my taxes for 5 years. There's no way for them to know. They just check adjusted gross income line for sponsoring purposes (well and number of dependents).

As I said before, if you use tax returns for proof of marriage, then yes, the address and the filing status matters (the income doesn't then).

If you use your taxes for sponsorship, it is only the income.

Actually, USCIS can verify your tax status, the AFM spells it out in a few sections for affidavits of support; They do not "just check" the amount you place, you have to have evidence to back it up. This is why they require either transcripts or returns w/w-2's so they can verify the information.

USCIS would use this section of the AFM to verify your taxes for instance (the link to the AFM is in my signature):

(9) Verification of Information .

The Government may pursue verification of any information provided on or with Form I-864, I-864EZ, I-864A (e.g., employment, income, and/or assets) with the employer, financial or other institutions, the Internal Revenue Service, or the Social Security Administration.

If USCIS finds that a sponsor, joint sponsor, or household member has concealed or misrepresented material facts concerning income, household size, or any other material fact, USCIS shall conclude that the Affidavit of Support is not sufficient to establish that the sponsored immigrant is not likely to become a public charge. In this situation, the sponsor or joint sponsor may be liable for criminal prosecution under the general statutes relating to the submission of fraudulent immigration documents. Failure of the sponsor or joint sponsor to provide adequate evidence of income and/or assets will result in the denial of the application for adjustment to lawful permanent residence status.

I was also told by my USCIS friend that if the income level is close (lower end), they go more into detail on this type of verification - so if your trying to "slide" something past them, I would not recommend that as a course of action.

BTW - the AFM and FAM are virtually similar to each other in the affidavit of support since they put follow 213 act.

[Kittyfang 6]

I was also told by my USCIS friend that if the income level is close (lower end), they go more into detail on this type of verification - so if your trying to "slide" something past them, I would not recommend that as a course of action.

BTW - the AFM and FAM are virtually similar to each other in the affidavit of support since they put follow 213 act.

Do you know how low is too low? I think our joint sponsor is only 5K above 125% poverty limit.

[Bobby+Umit 161]

Do you know how low is too low? I think our joint sponsor is only 5K above 125% poverty limit.

Not privy to that - however, I think you are worrying way to much on this. Don't worry about a problem until it's a problem.

With what you posted - you should be "ok".

[Kittyfang 6]

Not privy to that - however, I think you are worrying way to much on this. Don't worry about a problem until it's a problem.

With what you posted - you should be "ok".

hehe thx a lot. I appreciate your input.

I do worry a lot... ok, I do worry too much. For what it's worth, the more I read about it, the more I learn... The better I feel.

[LT.Nora 7]

This is absolutely wrong. You cannot file as married for 2009 if you did not marry until 2010.

The tax year does not run from April to April. The tax year runs from January 1st to December 31st inclusive.

The cut off date for submitting your taxes for the previous year is April 15th - you are confusing the two.

If you are a business - then your tax year might be different - but not for employees.

That was my mistake. You are right

[LT.Nora 7]

Actually, USCIS can verify your tax status, the AFM spells it out in a few sections for affidavits of support; They do not "just check" the amount you place, you have to have evidence to back it up. This is why they require either transcripts or returns w/w-2's so they can verify the information.

USCIS would use this section of the AFM to verify your taxes for instance (the link to the AFM is in my signature):

I was also told by my USCIS friend that if the income level is close (lower end), they go more into detail on this type of verification - so if your trying to "slide" something past them, I would not recommend that as a course of action.

BTW - the AFM and FAM are virtually similar to each other in the affidavit of support since they put follow 213 act.

That is absolutely true. USCIS does verify income and that's why they request supporting documentation.

In my post I was referring to the taxes owed to IRS. On the sponsorship form there is no question in regards to sponsor's debts or liabilities. So if let's say my sponsor had a well qualified income with all the supporting documentation (and my case is NORMAL), but owed IRS $10000, would USCIS deny him as my sponsor? Of course if the tax returns look all fraud, USCIS can use all kinds of section rules and all that.

I know for sure that you have to have a good standing tax return and paid taxes if you apply for citizenship.

[Kittyfang 6]

That is absolutely true. USCIS does verify income and that's why they request supporting documentation.

In my post I was referring to the taxes owed to IRS. On the sponsorship form there is no question in regards to sponsor's debts or liabilities. So if let's say my sponsor had a well qualified income with all the supporting documentation (and my case is NORMAL), but owed IRS $10000, would USCIS deny him as my sponsor? Of course if the tax returns look all fraud, USCIS can use all kinds of section rules and all that.

I know for sure that you have to have a good standing tax return and paid taxes if you apply for citizenship.

Well, we do not owe anything to the IRS and neither does our joint sponsor. So, yay us!