AOS problem

[jaycali 415]

Problem!!

My wife has everything ready for the AOS package, but one problem. She failed to file her taxes in 2010, and has had some payment trouble on that end. Now the question is, we have everything needed for the AOS package:

1. Current employment contract

2. Tax transcript from 2011

3. Most recent pay stub

4. I-864

It says it's optional to include the 2009 and 2010 transcripts, and only current income matters for the AOS.

However, with an unfiled 2010 tax return, is this going to generate an RFE? We want to get this out in the mail ASAP, and filing will take a while. But we could at least have the tax return form done by Monday.

Edited June 28, 2012 by jaejayC

[jaycali 415]

I could add this, her aunt is her tax lady, and is emailing her tax return to her s she can sign it and turn it in at the local IRS office so they can stamp it. I could then take it to the interview along with the 2011 and 2009 tax return transcripts.

My main question is, can she still even mail out the AOS package?

Edited June 28, 2012 by jaejayC

[dwheels76 5,473]

Problem!!

My wife has everything ready for the AOS package, but one problem. She failed to file her taxes in 2010, and has had some payment trouble on that end. Now the question is, we have everything needed for the AOS package:

1. Current employment contract

2. Tax transcript from 2011

3. Most recent pay stub

4. I-864

It says it's optional to include the 2009 and 2010 transcripts, and only current income matters for the AOS.

However, with an unfiled 2010 tax return, is this going to generate an RFE? We want to get this out in the mail ASAP, and filing will take a while. But we could at least have the tax return form done by Monday.

Jaejayc were you reading my mind. I swear I was just going to post a question like this now and saw this post. I just did my 2009 taxes (just worked 7 weeks but got unemployment) and whammo I owe $1146 goodness.

Now I remember reading awhile back in another thread as long as you can provide a payment arrangement schedule attached to that tax form its okay. I guess at least for the embassy CO they want to make sure you are paying your debt. So does she have a payment arrangement setup with IRS?

I await some good guidance. I still am way behind you probably weeks or a month or two from NVC. Okay lets rock.

[JohnR! 5,495]

1340842117[/url]' post='5489189']

I could add this, her aunt is her tax lady, and is emailing her tax return to her s she can sign it and turn it in at the local IRS office so they can stamp it. I could then take it to the interview along with the 2011 and 2009 tax return transcripts.

My main question is, can she still even mail out the AOS package?

Yes she can. If asked you can present proof that she filed her 2010 taxes albeit late. From the moment the IRS accepts the return she will be current. Even if there is a mistake, for all legal purposes she is current so long as she filed it.

There is a chance you will not even need it but you will be covered.

Ask her aunt to keep track with the IRS and request a transcript as soon as they can provide one. It may just so happen that you will be able to get it while you AOS is being processed.

You should be ok.

[jaycali 415]

Thanks dwheels and gegel!

No, the issue isn't payment anymore. She owed taxes and tried to file through TurboTax last year, but was missing a W-2 (she had 6 different employers that year) so the return got rejected, but she was still charged for the back taxes. It took forever to get that last W-2 so she didn't file, and gave all her W-2s to her aunt who does her taxes normally. It's been a nightmare trying to figure out where the money paid to TurboTax went, but everything is now done. Her aunt has her tax return form (1040 I think) in California, my wife is on Maui. Her aunt is on vacation til Monday, and since it would have to mailed to Maui, signed, and then off to IRS that could potentially take weeks to a month before it's all in IRS' systems.

My question, and her aunt's potential solution was this:

1. Wife sends filled out I-864 with 2011 tax transcript (showing $25k), and a new employment letter/employer pay plan showing $30k per year plus bonus and commission, and include recent pay stub.

2. Aunt emails ready-to-file 1040 to wife.

3. Wife takes ready-to-file 1040 to local IRS office. One copy is filed, one copy is stamped by IRS as received.

4. 2010 tax return is filed and likely in IRS' system before my interview.

5. I bring stamped 1040 to interview along with 2009 tax return transcript.

The 2010 return probably won't be in any IRS system by the time the AOS is reviewed. But current income WILL show sufficient funds. Will this cause an RFE from the NVC? Or will it just more likely be asked for at the interview?

Edited June 28, 2012 by jaejayC

[JohnR! 5,495]

I don't think it will cause and RFE because the USCIS is - or should be in principle - interested in her current salary, which is what is required for the affidavit of support. IMHO your plans sound good, Have your wife file the return herself at a time which she can also inquire how long it will take for them to enter all the info in their system so she can ask for the transcripts. Bear in mind that the IRS stamp on the return should suffice as to the legitimacy of the return, but you never know.

if you get the transcript in time you can take it with you, otherwise the stamped return should be sufficient evidence.

Unfortunately there is no way to know for sure but I truly believe you are not going to be delayed on the account of the late taxes.

[jaycali 415]

Thanks Gegel. Anyone else ever have a similar problem?

[gvanderford 0]

Hi,

I am having a somewhat similar issue. I was told by my accounting a couple years ago while I was living abroad and earning very little money that I did not need to file my taxes at all. Now I'm looking at the i864 and since I haven't filed since 2006 and I don't have a "copy of the IRS publication showing the filing exemption" which is what the AOS checklist says I would need if I didn't file, I am not sure what to do about this?

Greg

[Nolaist 2]

I'm actually in the same boat as gavenford Has anyone ever encountered this problem before?

Thanks

[pushbrk 13,176]

Problem!!

My wife has everything ready for the AOS package, but one problem. She failed to file her taxes in 2010, and has had some payment trouble on that end. Now the question is, we have everything needed for the AOS package:

1. Current employment contract

2. Tax transcript from 2011

3. Most recent pay stub

4. I-864

It says it's optional to include the 2009 and 2010 transcripts, and only current income matters for the AOS.

However, with an unfiled 2010 tax return, is this going to generate an RFE? We want to get this out in the mail ASAP, and filing will take a while. But we could at least have the tax return form done by Monday.

She was either required to file a tax return for 2010 or she wasn't. If she was, she'll need to file it and at least provide the information from it in the past income section of the affidavit. You can provide only one return but must provide information from three tax returns, UNLESS, not REQUIRED to file one or more of them.

Was she required to file or not?