Starting our AoS form and have a question about 1040X

[Klee 6]

Wedding is planned, she is here and has an activated K1, but now we ran into a roadblock while filling out our AOS.

 

I have a joint sponsor, so I realize it's not the biggest deal, but on the AOS it asks for my tax return-- which I messed up because I missed an exemption in April that would give me back $4,000. I filed for a 1040x immediately to rectify the issue. 

 

The issue is that it takes up to 16 weeks to process and we need to have our AOS done before that. Should I send them my 1040 since I don't have my 1040X? Or should I send them nothing and just send my joint partner's info?

 

Thanks.

[patriot10 11]

you can only file what is current and need not worry about what is to happen in the future. 

 

Transcripts for 2016 are not ready yet...so you can take transcripts from 2014, 2015 and take your 1040 for year 2016 and file your AOS according to that. In any case, as you mention, you have a joint sponsor so the requirements are going to be fulfilled by him/her.

If you have already filed the 1040x, you should include that as well and as your taxable income, fill in the AOS, the taxable income AFTER the effect of 1040x.

If the returnable income is zero after the 1040x is zero...then so be it.

 

Just put the latest , CORRECT information to the best of your knowledge and ability. You will be fine.

 

 

 

[Klee 6]

On 5/26/2017 at 2:16 AM, patriot10 said:

you can only file what is current and need not worry about what is to happen in the future. 

 

Transcripts for 2016 are not ready yet...so you can take transcripts from 2014, 2015 and take your 1040 for year 2016 and file your AOS according to that. In any case, as you mention, you have a joint sponsor so the requirements are going to be fulfilled by him/her.

If you have already filed the 1040x, you should include that as well and as your taxable income, fill in the AOS, the taxable income AFTER the effect of 1040x.

If the returnable income is zero after the 1040x is zero...then so be it.

 

Just put the latest , CORRECT information to the best of your knowledge and ability. You will be fine.

 

 

 

I have a copy of the 1040 that was approved before I amended it. I don't have a copy of the 1040x however. All I have is a screenshot from the IRS website showing that it's been received and they are processing it. Should I just fill out the i-864 using the information from my 1040 and then write a note explaining the 1040x amendment? 

[patriot10 11]

You could do that, fill in the taxable income as per your 1040 but write a separate note that you have filed an amendment which is under process.

 

On the other hand,

You should have a copy of your 1040x, even if you efiled via turbo tax etc. you can take a print out of the same...so why not fill in the correct amended taxable amount and then along with your affidavit, submit your 1040, as well as the 1040x and all your w2s and 1099s?

 

Just simpler and shorter to understand and your interviewer will not need to ask you further questions about it as its all clear and simple.

 

Always best to fill forms and submit proofs that are definitive and easy to understand...anything that is extraordinary might get you an RFE .

 

 

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Note: If your taxable income is enough to qualify for a succesful AOS , then i think even if you dont mention the 1040x, it should not be an issue as really this is not a test you as a tax payer but rather to see whether you earn enough to sponsor someone

 

BUT, if you just earn enough as per your 1040 but due to the 1040x, your taxable income goes LOWER than the 125% poverty threshold thus disqualifying your ability to sponsor then it is IMPERATIVE that you mention the return on the 1040x....as otherwise, it would not look good at all.

 

rgds.