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When filing this years tax return, I put (single) as my status.My wife doesn't have a social, and at the time, we thought it was required to file jointly.Only to find out too late that we could have applied for an ITIN.I am going to amend it,but IRS takes 8-12 wks to amend. Questions are, should I go ahead and send the one I have(single) with the preceding years,or send the preceding two years and W-2 with pay stubs in place of the (single) one, with an explanation as to why I didnt send in this years?

I'd rather not wait two more months to start the process. Please help. Thanks

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There is a big thread on this however as you read the comments most of them only tel you o recuest the ITN number .

Call the IRS they may tell you different .

I end uo filling singel and acually came up as head of household because i have a kid w my wife and he does have a ss#

The trick was they told me i can claim him however as he doesnt leave w. me as he is w mom in colombia i had to put him as a qualify relative.

The difference of Nrry vs single is around 450 dollars they said that on the IRS wend they talk to me.

WONT AFFECT nothing on your petition .

ADvice call IRS

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Filed: Citizen (apr) Country: Australia
Timeline
When filing this years tax return, I put (single) as my status.My wife doesn't have a social, and at the time, we thought it was required to file jointly.Only to find out too late that we could have applied for an ITIN.I am going to amend it,but IRS takes 8-12 wks to amend. Questions are, should I go ahead and send the one I have(single) with the preceding years,or send the preceding two years and W-2 with pay stubs in place of the (single) one, with an explanation as to why I didnt send in this years?

I'd rather not wait two more months to start the process. Please help. Thanks

you are NOT single. You are MARRIED filing separately. You are not allowed to file single when you are married. You need to amend your tax return.

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When filing this years tax return, I put (single) as my status.My wife doesn't have a social, and at the time, we thought it was required to file jointly.Only to find out too late that we could have applied for an ITIN.I am going to amend it,but IRS takes 8-12 wks to amend. Questions are, should I go ahead and send the one I have(single) with the preceding years,or send the preceding two years and W-2 with pay stubs in place of the (single) one, with an explanation as to why I didnt send in this years?

I'd rather not wait two more months to start the process. Please help. Thanks

What documentation/ evidence of the amendment do you have? Assuming there's a form you need to fill in, file your AOS paperwork along with your amended 2010 return and the form/ documentation relating to this amendment. You'll also need to file a W-7 requesting an ITIN and this is where the amended return needs to start. They issue the ITIN and then process your return. Include the priority/ express mail receipt and delivery confirmation notice with the I-864.

In all likelihood, you'll get an RFE for an IRS transcript proving you did amend it, or you'll be asked for it at interview. Best case scenario, the amendment paperwork will be enough for them to proceed but I think they often like to see you're not just trying to pull a fast one and want to see the IRS really did process the amendment.

In usual cases, they don't need 3 years' returns, just the most recent one. In your case, I'd send them to err on the safe side.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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Filed: AOS (apr) Country: Philippines
Timeline

When filing this years tax return, I put (single) as my status.My wife doesn't have a social, and at the time, we thought it was required to file jointly.Only to find out too late that we could have applied for an ITIN.I am going to amend it,but IRS takes 8-12 wks to amend. Questions are, should I go ahead and send the one I have(single) with the preceding years,or send the preceding two years and W-2 with pay stubs in place of the (single) one, with an explanation as to why I didnt send in this years?

I'd rather not wait two more months to start the process. Please help. Thanks

Just want to clarify. You were married on tax year 2010 right?

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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When filing this years tax return, I put (single) as my status.My wife doesn't have a social, and at the time, we thought it was required to file jointly.Only to find out too late that we could have applied for an ITIN.I am going to amend it,but IRS takes 8-12 wks to amend. Questions are, should I go ahead and send the one I have(single) with the preceding years,or send the preceding two years and W-2 with pay stubs in place of the (single) one, with an explanation as to why I didnt send in this years?

I'd rather not wait two more months to start the process. Please help. Thanks

Just amend it before April 18th and you wont suffer any penalties. We made that mistake last year and got a lovely written audit for our troubled. They are pretty quick tho

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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What documentation/ evidence of the amendment do you have? Assuming there's a form you need to fill in, file your AOS paperwork along with your amended 2010 return and the form/ documentation relating to this amendment. You'll also need to file a W-7 requesting an ITIN and this is where the amended return needs to start. They issue the ITIN and then process your return. Include the priority/ express mail receipt and delivery confirmation notice with the I-864.

In all likelihood, you'll get an RFE for an IRS transcript proving you did amend it, or you'll be asked for it at interview. Best case scenario, the amendment paperwork will be enough for them to proceed but I think they often like to see you're not just trying to pull a fast one and want to see the IRS really did process the amendment.

In usual cases, they don't need 3 years' returns, just the most recent one. In your case, I'd send them to err on the safe side.

All of you who replied, thanks.I know I need to amend it. The point of the question is, it takes 8-12 weeks to amend it. I dont want to wait till its amended, to start the AOS process. So can i send 08 and 09 tax transcripts with pay stubs for '10?

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All of you who replied, thanks.I know I need to amend it. The point of the question is, it takes 8-12 weeks to amend it. I dont want to wait till its amended, to start the AOS process. So can i send 08 and 09 tax transcripts with pay stubs for '10?

You have to send tax returns for the most recent tax year. That will be 2009. 2010 is not due until April 18th 2011.

We sent the 2009 Tax return with 6 pay periods. When we interview we will have the 2010 tax return with a further 6 pay periods if they need.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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