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Posted

Hi,

The last time I asked the taxes question on this forum, I was asked to have my husband amend his taxes from 'single' to 'married filing separately.'

We then decided to wait and file 2012 taxes and amend the past two years at the same time. The tax guy told my husband that

in order to do that I need a ITIN. I reviewed the ITIN form and here are my questions;

1) The form asks for visa info and when it expires. I have been here for 16 years. My I-94 got lost but I have my FOIA records, they

do not state the date for I-94 expiration. Will that be a problem? I have been reading where USCIS/ICE is visiting people now will this work against me after my 'status' is submitted to IRS?

2) My passport and home country ID have expired though I have them. The Embassy here has flat out denied to renew either one and told me I have to go

Back home first to get it done. Does the IRS accept expired identification?

3) If I submit the information with IRS transcripts showing filing status as 'single' and then amend the taxes after I get my EAD, will I be denied my AOS?

4) How is this situation working against/for me?

Please help me get to the bottom of this. I am ready to file but want to make everything done correctly. This is the only thing that I need to rectify.

Thank you so much!

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

Filed: Timeline
Posted

This forum is not really about tax issues. Tax law is an entirely separate industry and you're better off asking those that are more experienced in tax-related questions. The advice you may receive is generally going to be less reliable than immigration-related responses.

In response to your question #3, it probably has little effect given what I know (very limited) about your situation.

Posted

This forum is not really about tax issues. Tax law is an entirely separate industry and you're better off asking those that are more experienced in tax-related questions. The advice you may receive is generally going to be less reliable than immigration-related responses.

In response to your question #3, it probably has little effect given what I know (very limited) about your situation.

Thanks for responding....would like to know if anyone has ever filed with tax status being 'single' and got denied

or got an REF to change their tax status.

Anyone?

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

Filed: Citizen (pnd) Country: Japan
Timeline
Posted

Wow, how is the embassy expecting you to get home without a valid passport?

Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

Posted

Wow, how is the embassy expecting you to get home without a valid passport?

They said that they will give me 'Travel Document' to present at the airport and once I get back home then I can renew

both passport and ID.

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

Filed: Citizen (pnd) Country: Japan
Timeline
Posted

Oh, ok. My husband had a travel document issued to him from China. If your embassy will give you one of those, it should be an acceptable form of identification for the IRS and maybe (don't quote me on this) even the USCIS if you didn't want to return home. I'd ask though. My husband used his travel document for everything (travel etc.) for years before he received his Japanese citizenship. The one from China at least basically IS a passport.

Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

Posted

Oh, ok. My husband had a travel document issued to him from China. If your embassy will give you one of those, it should be an acceptable form of identification for the IRS and maybe (don't quote me on this) even the USCIS if you didn't want to return home. I'd ask though. My husband used his travel document for everything (travel etc.) for years before he received his Japanese citizenship. The one from China at least basically IS a passport.

Mmmm I'll look into that. It's worth a try.

Thank you so much!

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

 
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