Evidence and tax papers

[Shigaell 0]

Dear all;

Soon I have to apply to remove my temp. condition. I have a problem though, due to some mistakes with my employeer and myself, I applied as single in my tax returns, I actually lost money for this because if I had applied as married the IRS had returned me more money (I want to mean that I didnt it on purpose).

My US wife and I are trully married, we had a catholic marriage last year in my country, we had 2 honeymoons to Africa and Europe, plenty of pics, we have some bills that stat we live together, and we share a bank account for the last 2 years.

I would like to know if we are going to have problems if we dont submit any tax information?

Thank you very much in advance!

Best regards

[Alex B 9]

Dear all;

Soon I have to apply to remove my temp. condition. I have a problem though, due to some mistakes with my employeer and myself, I applied as single in my tax returns, I actually lost money for this because if I had applied as married the IRS had returned me more money (I want to mean that I didnt it on purpose).

My US wife and I are trully married, we had a catholic marriage last year in my country, we had 2 honeymoons to Africa and Europe, plenty of pics, we have some bills that stat we live together, and we share a bank account for the last 2 years.

I would like to know if we are going to have problems if we dont submit any tax information?

Thank you very much in advance!

Best regards

If you're married and you filed as "single" rather than "married filing single" or "married filing jointly", then you have the incorrect filing status. It sounds like you didn't do it knowingly so I doubt there'll be any penalty, especially as they kept money that you should have received. You can always file an amended tax return (Form 1040X) to correct this. You should also add a cover letter explaining the situation. In my 15 years in the US I've filed amended returns a couple of times and both times the IRS has paid up.

By filing the amended return you then have the joint tax return that you're looking for. You're not just limited to filing amended returns for the current year either. You can go back but I'm not sure how many. I'm sure that will be in the instructions for the form.

Good luck.

Edited May 10, 2011 by Alex B

[Brother Hesekiel 2,236]

Yes,

especially at the ROC stage, that is a big deal. You absolutely need to file an amended tax return ASAP. Once that has been processed by the IRS system, order--free of charge--tax transcripts for the past 2 years and submit those with your I-751. They will reflect the corrected filing status and thus correct the mistake without leaving a trace of it.

[Shigaell 0]

Yes,

especially at the ROC stage, that is a big deal. You absolutely need to file an amended tax return ASAP. Once that has been processed by the IRS system, order--free of charge--tax transcripts for the past 2 years and submit those with your I-751. They will reflect the corrected filing status and thus correct the mistake without leaving a trace of it.

Thank you both guys for answering! Very appreciated. I really didnt think it could be a big deal, knowing that they just need to prove it is a legitimate marriage, they are not IRS!

I dont think I will make it on time, Ill have to send them a copy of the request to ammend my tax return (form 490X? dont remember). I made an infoappointment with uscis this friday, I will let you know their comments on this issue.

Thank you again, any other input or similar experience is very welcome!

[Shigaell 0]

Update: I went today to an "infoappointment" with an immigration officer. She told me that it wont be a problem if I dont sumbit tax evidence, as long as I provide enough evidence of other kind, if there would be a problem, then in the interviw I could explain the details of the issue.

Anyway, I will try to fix this marital status with my local tax office.

Edited May 13, 2011 by Shigaell