AOS and Tax Income Amendments

[minesjoy 0]

Hi, everyone, I'm looking forward that my confusions and dilemma will be resolve through this forum. I thank each and everyone who will post in advance.

Here's my concern.

My husband is a USC and he was on the process of filling AOS for me, now we got stuck for almost 3 weeks not knowing what to do. He used different forms on his 3 recent Income tax and all filed SINGLE. (2011-2012 FORM 1040EZ, and 2013 FORM 1040). In the yr 2013 he used FORM 1030 because last June 2013 he brought our 2 kids there (FTJ derivatives). AND we got officially married MAY 2013.

According to some forums and research, It will be a HUGE red flag if he will not amend this as MARRIED. and we still don't know what status he shall be in now (MFS, MFJ, HOH) since I am not yet in US. He was given an option by his tax accountant if he wants to file as HOH or MFS, we are still trying to figure out what's the best way and what are the categories of both.

My parents-in-law are staying in my husband's house together with our kids. My father-in-law is still working while the other is having her pension. They share food expenses in the house. Would that make my husband qualified under HOH? Does this affect the number of household size accdg. to I864EZ form ( which he fill-in only 4 including me)? Does he still need to amend the Income Tax? What is he going to fill in under

PART 5 Sponsor's income and employment #19 Federal Income Tax

__I have filled Fed Tax Return for each of three most recent tax years. I have attached the required photocopy or transcript of my Fed tax return for only the most recent tax year

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Fed tax returns for the most recent three years was

____________ (most recent) $___________

____________ (2nd...........................................

Thank you all.. hoping I could reach my journey in no time. My family needs me so much. Sorry I have a lot of questions bothering in my mind.

[Ed and Gina 45]

File MFS. I'm assuming that he has filed his 2013 taxes already? If so, he wll need to Amend his tax return. Have the tax accountant file a 1040X.

If you have an ITIN (Individual Tax Identification Number) he would have been able to file as MFJ. But, don't mess with that now.

He can send in the 1040X MFS amended return.

It's a common error...but, you'll need to fix it. You should be ok with sending in the 1040X amended return docs...it will take the IRS about 6 - 8 weeks to process the info. Not to worry...

By the way...I did the same thing...wasn't a problem.

[minesjoy 0]

Thanks Ed/Gina,. OMG I can't belief I will lost 6-8 weeks with that error. So do I need to sign further docu. for that?