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housegryffindor

Doing AOS - need to file last 3 year tax returns

By housegryffindor in Adjustment of Status from Work, Student, & Tourist Visas

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housegryffindor Newbie

housegryffindor   0

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Hi everyone, I have been doing a lot of researching and I have seen people with similar situations but no one 100% like mine so I want to ask questions here to make sure I'm doing it right.

 

 

Quick summary of my situation. We got married in Singapore in March last year, 2016, submitted I-130 in Feb this year 2017.

 

After submitting the petition we decided to move to the US and continue the process here so we arrive early June, I enter the country with a B2 tourist visa.

 

Since my husband has been gone for too long, almost 10 years, we had to wait 90 days consecutively for him to get is resident status back (he is a US citizen). I have been filling out all the forms for adjustment of status and waiting for the day we can submit it.

 

The problem I have is he didn't file his tax returns for the last 3 years. Now we are scrambling to get this done. A CPA accountant told us that I need to get an ITIN so he could file as married for 2016 tax so he could get tax breaks, he is too late in his tax returns that they might not accept his deduction (foreign earned income under $100k). This means we have to either wait 6-7 weeks to get the ITIN back from the IRS or pay a few hundreds for a professional to do it and this would take 2-4 weeks. I plan to submit this Sep 4, exactly 90 days since we got here to save time.

I was wondering if he could file as "married file separately", we submit our I-485 as planned, meanwhile I make an appointment with an IRS service office (we got the earliest one which is Sep 21st) and a few weeks later get my ITIN, file my late tax return then? OR should I wait till I get my SSN and then file an amended return as "married file jointly"?

  1. Have any of you done this before or could give me your opinion on this? If it's okay to do so, in the field where he needs to put my SSN he will put "Applied for ITIN"? or "000000000" if we file electronically?

 

  2. For his last 3 year tax filing, he would need to fill out 1040, 4852 and 2225? Is there anything else?

 

  2. We have his mom as our co-sponsor by the way and I have her last year tax return and her passport copy which I hope is good enough?

 

Thank you for reading my loooong post.

housegryffindor Newbie

housegryffindor   0

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3 minutes ago, Damara said:

I believe you can file the tax return along with the ITIN application. The biggest problem is you entered with the intention of adjusting. You can not do that. Your application is going to be denied- so the taxes are the least of your problems. 

Hi Damara, that's a really good point you brought up, I haven't really thought of that. Someone else in another forum just said the same thing also.
We could say we were here for the summer and just decided that it is time to settle and move back since I just left my job and my husband's job is very flexible  so we are doing AOS and at the same time getting our things sorted out in the foreign country. Does that make sense?

Suss&Camm Experienced

Suss&Camm   2,213

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26 minutes ago, housegryffindor said:

Hi Damara, that's a really good point you brought up, I haven't really thought of that. Someone else in another forum just said the same thing also.
We could say we were here for the summer and just decided that it is time to settle and move back since I just left my job and my husband's job is very flexible  so we are doing AOS and at the same time getting our things sorted out in the foreign country. Does that make sense?

You mean you could make up a story? This is immigration fraud, illegal, and advising on it is against VJ TOS. You also just admitted to it on a public forum where IO's frequently read and comment.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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TBoneTX Grand Master

TBoneTX   46,299

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Thread is moved to the AOS from WS&T Visas forum and is locked to further comment, per this provision of the site's Terms of Service:  "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."  Do not restart this thread.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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