AOS & Sudden tax issue

[US_SL 2]

Hi All,

We filed of AOS after we got married almost a month before her I-94 expires. We already did our biometrics earlier this month & cases (I-765 & AOS) are with the CSC.

When filed the AOS i included last 3 years of tax returns plus tax transcipts for make things easier for USCIS (At least i was hoping).

Here is the issue: 3 weeke ago i got a letter from IRS informing that i may not be eligible for 2008 first time home buyers tax credit i cliamed for 7.5K (That time my self & my ex-wife now we filed taxes together) & when refund was received i had to split it as we were going thru a divorce & all she wanted was a half of it. So, i gave it to her & in few montsh our divorce was finalized outside the US as we got married outside the US.

It is surprising to me that my tax guy didn't know the law exactly how to claim the tax credit for first time home buyers in 2008 as my closing date on the house was 3 days before they signed that bill into the law.

Now, IRS just sent me a bill for 9.2k Including penalties & interest. I still didn't make a call to IRS to inform what exactly happen & my tax guy seem to be dimissing me every time i call & i already went to his office 4 times but he was always busy but keep telling me that not to worry & he will write a letter to IRS. This man has been doing taxes for almost 25 years in the area though.

I am willing to pay half of the credit back to IRS - I understood there is such a thing called "innocent spouse relief" which kind of suits for divorce couple if they got any refunds while they were married.

Question : 1. Can they deny my wifes AOS based on this 2008 tax issue even though if i am to get into a payment plan to pay this off?

Thanks everyone,

Edited August 18, 2011 by US_SL

[Harpa Timsah 13,258]

No, they won't deny her AOS.