Removing Conditions and Citizenship based on marriage

[mark101 2]

Hello Everyone: I have an issue and wanted some input about this.

I am ready to file for my wife Citizenship based on marriage. When we filed for the I-751 to remove her conditions last year around April 2011 - we mailed it with COPIES of the 2009 and 2010 tax returns Since this was in April 2011 it was the same time we filed our taxes for 2010 - so we put the original 2010 tax return in the mail to the IRS and a copy of that 2010 tax return was also mailed to the USCIS with the I-751 (as I explained). When I filed my 2011 taxes returns with the IRS, the IRS informed us that they never received our 2010 tax returns only the 2009 tax returns. So they asked me to get another copy filed with the and to file both 2010 and 2011. Now keep in mind that USCIS has the copy of the 2010 I mailed them when I also mailed the original to the IRS thinking that they got it but they didn't. So I called my accountant and told her to prepare another 2010 and when I reviewed it something didn't look right so I asked her about it and she figured out that she (my accountant) made a mistake and I told her to correct it before I subit it to IRS. She corrected the mistake and it was a small mistake however it does change the numbers on the form. The gross yearly income stays the same but the inside - the numbers are different because instead of writing my income as 1099 she put it as W-2 which is a mistake. So now she changed it and corrected it and I filed it the IRS. Now that we are filing for Citizenship with the USCIS, we are required to give them tax returns for 2009, 2010 and 2011 - now 2009 and 2011 are okay but the 2010 copy will send them will not match the copy they got when we filed the I-751 a year ago. So my question is: Do you think this is a problem. It was a mistake made by my accountant and now I'm not sure how USCIS will look at that - any suggestions???? What should I do????

[VanessaTony 3,567]

Send IRS transcripts. They weren't looking at the amount for ROC, they were looking at whether you filed jointly. If you like you can include a letter stating that your 2010 taxes weren't properly filed/accepted or something but I doubt they'll even notice. It would matter if you did it at AOS time and the amounts were different, but not for ROC... ROC isn't about income, it's about co-mingling.

[NickD 203]

For our I-751 when the IRS was sending us those joint labels they don't do anymore, actually got by, by just overlapping the three years of tax returns we had at that time and making a single sheet copy with those three joint IRS label appearing.

Wife didn't get by with that at her citizenship interview, her IO wanted to see our complete tax returns, but she had them, was a bit upset about this, because she has no damned business looking at our income, but oh, well. But with a fresh toner cartridge in my copying machine, did submit full copies of our tax returns with the N-400, but ended up wishing I submitted tax transcripts instead.

Really doubt if these IO's can even read a tax return, but get no further than the names on that 1040, feel tax transcripts are a necessity now since the IRS for about the last three years, don't send you anything anymore. If you don't have a computer and on the internet, can't even do your taxes, the state is the same way. We do have an IRS office in town, maybe with one or two forms, but nothing even close to the 1,015 forms the IRS has to offer.

Just call that I-800 number and get those transcripts. Basically a single sheet that 99.9% of the people don't understand, but it shows both of your names on it. Make copies of those and submit those with your application. Return the three originals into their respective envelops and have your spouse bring those in for the interview. You should be fine.

[ManuFred 10]

For our I-751 when the IRS was sending us those joint labels they don't do anymore, actually got by, by just overlapping the three years of tax returns we had at that time and making a single sheet copy with those three joint IRS label appearing.

Wife didn't get by with that at her citizenship interview, her IO wanted to see our complete tax returns, but she had them, was a bit upset about this, because she has no damned business looking at our income, but oh, well. But with a fresh toner cartridge in my copying machine, did submit full copies of our tax returns with the N-400, but ended up wishing I submitted tax transcripts instead.

Really doubt if these IO's can even read a tax return, but get no further than the names on that 1040, feel tax transcripts are a necessity now since the IRS for about the last three years, don't send you anything anymore. If you don't have a computer and on the internet, can't even do your taxes, the state is the same way. We do have an IRS office in town, maybe with one or two forms, but nothing even close to the 1,015 forms the IRS has to offer.

Just call that I-800 number and get those transcripts. Basically a single sheet that 99.9% of the people don't understand, but it shows both of your names on it. Make copies of those and submit those with your application. Return the three originals into their respective envelops and have your spouse bring those in for the interview. You should be fine.

Indeed, don't be impressed with an IO looking at your return. They are not qualified tax professionals working for the IRS so they won't go into details. As long as it shows you have filed together, they should be happy. The rest of the contents is not there business unless it is very obvious the return is a bunch of #######. Try to explain bringing in a 6 figure W2 and submitting a return showing a 4 figure gross income. That of course is not gonna fly. The IRS generally detects these kind of returns so you most likely would have them on your case if you would do such a thing.

Remember that USCIS is supposed to look at things (i.e. more work) you submit, not at things you don't submit so only submit things like W2's if you're asked to submit them is what I would say. USCIS is generally not gonna ask you for tax details unless they suspect wrongdoing. My bet is that they would leave these cases to the IRS and might deny USC.