Tax Returns, Help!!!

[SaraDee 9]

Hi Everyone,

I'm new here so please be gentle with me.

My husband and I sent off the AOS package recently, but did not include the Affidavit of Support document with it. He has not filed his taxes for 2008 and 2009 yet. We are having our accountant put together the paperwork now, but I'm no sure what I need to send in for 2008 since it is very late. Do I send in a copy of the return or do I need to get a transcript once it has been received by the IRS?

Also, I don't know what other proof to send. My husband runs his own S corporation and has no W2s and no 1099's to show. I can send bank statements with money coming in every month, but don't know what else to include.

I would appreciate any advice you could provide!

Thanks

Edited June 23, 2010 by SaraDee

[trailmix 77]

Hi and welcome

You can either send a tax transcript or a copy of the tax return with all evidence to prove that income (for instance a person who is employed would send the 1040 and their W2).

You only need to send 1 tax return - that would be for 2009.

Does your Husband not pay himself a salary? A business cannot sponsor a person, a person has to sponsor a person.

Edited June 23, 2010 by trailmix

[I & G 1]

Hi Everyone,

I'm new here so please be gentle with me.

My husband and I sent off the AOS package recently, but did not include the Affidavit of Support document with it. He has not filed his taxes for 2008 and 2009 yet. We are having our accountant put together the paperwork now, but I'm no sure what I need to send in for 2008 since it is very late. Do I send in a copy of the return or do I need to get a transcript once it has been received by the IRS?

Also, I don't know what other proof to send. My husband runs his own S corporation and has no W2s and no 1099's to show. I can send bank statements with money coming in every month, but don't know what else to include.

I would appreciate any advice you could provide!

Thanks

[payxibka 10,045]

Hi Everyone,

I'm new here so please be gentle with me.

My husband and I sent off the AOS package recently, but did not include the Affidavit of Support document with it. He has not filed his taxes for 2008 and 2009 yet. We are having our accountant put together the paperwork now, but I'm no sure what I need to send in for 2008 since it is very late. Do I send in a copy of the return or do I need to get a transcript once it has been received by the IRS?

Also, I don't know what other proof to send. My husband runs his own S corporation and has no W2s and no 1099's to show. I can send bank statements with money coming in every month, but don't know what else to include.

I would appreciate any advice you could provide!

Thanks

Is not your husband an employee of the company (he is also the owner but that is a different thing)? He should be drawing a salary.....

His "S" corporation issues him (as owner) a form 1120S K-1 which records the result of business for the year.

[I & G 1]

If your husband files as an S Corp it is a flow through Corp. Your accountant should also prepare a 1040 for him for the income or loss the business shows after expenses. This would be his personal tax return in his name. If you have an accountant he or she should know this for sure.

The problem with this is it's a double edged sword. The business part will write off everything usually leaving no or little gain that would transfer to his personal 1040.

If there is a gain your husband would owe taxes personally not the Corp assuming it is a S Corp. If it is a C Corp the rules all change.

Good luck.

[SaraDee 9]

As far as I know the accountant is doing a sole proprietorship for his business and we are claiming less expenses to make the 125 percent of poverty line quota. Any advice on what to add to application besides the returns?

[VanessaTony 3,567]

On what basis are you filing your application? I believe from your lack of posts you might have filed an I-130 and I-485 concurrently. Is that correct? if it is, then this needs to be moved to the proper forum.

[SaraDee 9]

On what basis are you filing your application? I believe from your lack of posts you might have filed an I-130 and I-485 concurrently. Is that correct? if it is, then this needs to be moved to the proper forum.

Thanks for your reply. Yes, that is what we did. I'm confused. I thought that this would be the right forum for as it is the one for AOS on Family Basis.

[JimVaPhuong 4,863]

Thanks for your reply. Yes, that is what we did. I'm confused. I thought that this would be the right forum for as it is the one for AOS on Family Basis.

Family based visas. The process is a little different for someone who arrived in the US with a K1 or K3 visa (for example) than for someone who arrived with some other type of visa. The other forum for people adjusting from work, student, or tourist visas is also for people who are adjusting status based on a family relationship, but who arrived in the US with a visa intended for a different purpose.

It can get a little confusing because the majority of people in both forums are adjusting status based on marriage to a US citizen, but there are a lot of details that can make a big difference in the process. For example, a K1 visa holder would have had a complete physical in their home country before arriving in the US, and may also have had all of the required vaccinations, so they might not need to see a civil surgeon (though many often still need to). A K1 visa holder does not need to submit an immigrant visa application (I-130) with their AOS petition because they've already got a visa that allows them to adjust status. There is also no risk of a K1 visa holder's AOS being denied because of a misrepresentation about their intent to immigrate when they arrived in the US. The nature of the visa presumes immigrant intent. In fact, there is less risk of a K1 visa holder being denied for any inadmissibility because they've already been thoroughly screened at the consulate before they got their visa.

On the other hand, there are requirements for a K1 visa holder that don't apply to someone adjusting from some other type of visa. A K1 visa holder has to marry the petitioner within 90 days of arriving in the US. A K1 visa holder can only adjust status based on marriage to the K1 visa petitioner. If they don't meet both of these requirements, they can't get a green card.

Some of the details are common to both types of AOS processing, including the affidavit of support requirements.

[VanessaTony 3,567]

Thanks for your reply. Yes, that is what we did. I'm confused. I thought that this would be the right forum for as it is the one for AOS on Family Basis.

As Jim stated, this is for people adjusting from family VISAS. I understand the name is confusing. There has been some discussion about changing it because you're definitely not the first to be confused, and I doubt the last.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

[SaraDee 9]

As Jim stated, this is for people adjusting from family VISAS. I understand the name is confusing. There has been some discussion about changing it because you're definitely not the first to be confused, and I doubt the last.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

I see. Sorry about that. I'll post on the other forum from now on.