Do I have to report tax history w/ AOS?

[walkoffshot 0]

I am currently on OPT, and F1 since August of 2012. I was also on F1 visa from 2004-2009. My question is do I have to submit tax records when filing for AOS through marriage or present them for the interview?

I will disclose that I have been on F1 for 2.5 years and I did not file taxes during these (dumb, I know). I just didn't think to do it. However, FWIW I did file for canadian taxes during this time since I am a canadian citizen. I have not received any income in these last 2.5 years and have only paid tuition. The reason this came up was because I got my tax slip from my university... And that sparked my thinking. I believe I have to file 1040 EZ... If this is the case, can I just file back taxes?

Thanks for the help

Edited February 3, 2015 by walkoffshot

[walkoffshot 0]

So I spoke with a tax accountant today.. whom I also believe did not know much about taxes as it pertains to foreign citizens. He initially said that since I have been going to school and have had no income that I DO NOT need to file tax forms. I then mentioned the form 8843, and he said that would be helpful to send that it. I've read the 8843 is NOT intended for tax filing, rather to verify that the person is exempt (based on substantial presence), did not earn any income, as well as others that are not related to my situation.

So I need to clarify that I do not need to file a 1040 EZ.

Does anyone have experiences with this?

The accountant told me that for "tax purposes" I do not have to file a thing. So even if I was required to send in tax history reports, there would be nothing to report. I imagine a statement to USCIS, if asked, stating that I was legally in the US, on F1 visa and not required to file for taxes based on my non-resident status (based on the substantial presence calculation) and zero income????

[Nich-Nick 3,354]

Who is interviewing. Are you the one applying for the greencard?

If so, your Spouse has to prove support and provide her tax returns. That's the immigration part.

Your obligation to the IRS is a different situation.

If you earned no income while a student, then no income means no filing for the years of not earning.

So explain your situation better. Are you doing an Affidavit for a spouse or the other way around. What years did you earn income in the US?

[walkoffshot 0]

Thanks for you reply!

I am the one applying for green card. My spouse will be the sponsor. I received income during a semester in 2011 that I was in school... Which amounted to about $400 total for the year... It was on campus and was worked out through the international office at my university. I didn't file taxes that year because again, I didn't meet the requirements to file for taxes (with income of $400).

I can't seem to find anywhere stating that I (the green card applicant) needs to provide tax information during the AOS process... And even so, I don't have any to provide because I've never had to file.

[Darnell 8,478]

it's my understanding that in your particular case,

the signer of the I-864 must show their tax data, not the beneficiary's tax data.

[Nich-Nick 3,354]

The applicant for the greencard does not provide tax information.

[walkoffshot 0]

Thanks for your help both of you!