Does tax return form matter?

[xhusky 0]

Hello

 

I and my wife are finishing up the tax return of 2017. While we would like to do Form 1040A, due to our income which are all from W2, whenever we use tax software to e-file, it forces us to use 1040EZ, which does not clearly show the filing status. I know that 1040EZ includes either single or MFJ if spouse's name is on the form, but unlike form 1040A or 1040, which clearly and plainly marks the filing status for tax return, I am concerned that USCIS is gonna be just pointing out they don't know whether it is MFJ status. 

(Well I am a bit paranoid about how USCIS works)

 

And tax return is one of the good piece of documents to prove bona-fide marriage. So I dont really want to take the chance but just want to use 1040A or 1040. 

 

So my question is... 

during I-751, do you submit MFJ tax return with the form 1040EZ? is it acceptable that adjucators in USCIS are well-aware that 1040EZ has both single and MFJ even though the 1040EZ does not clearly show? 

 

Thank you for answers

Edited February 9, 2018 by xhusky

[geowrian 22,338]

I'm a little confused what the issue is exactly...? If you fill out a 1040EZ and list your spouse's information (where it says "If a joint return..."), then it's MFJ. It cannot be single status while listing a spouse, which is clearly noted in the title of the form.

Are you concerned they won't know it's MFJ vs MFS? While I'm sure they've seen this form millions of times and know what it is, they don't care about MFS vs MFJ...just that you file as married.

[NikLR 13,232]

Use tax return transcripts. 

[j&ana 378]

USCIS does not care which tax form you use

A tax return is not that great proof of a bona-fide marriage. Its  main  purpose is for income.

Better proof of bona fide marriage will be joint bank or credit card account, health insurance, a lease agreement in both names, utilities  bills in both names

retirement account listing spouse as beneficiary,  There are a lot more  items that are consider good proof of a bona fide relationship but a tax return is really not consider that great

 

[sddude89 31]

7 hours ago, j&ana said:

A tax return is not that great proof of a bona-fide marriage. Its  main  purpose is for income.

 

But, interestingly,  tax return is one of the documents that is almost always asked for on an RFE if it not submitted with application.

 

To the question.

USCIS prefers Tax Return Transcripts obtained here:

   https://www.irs.gov/individuals/get-transcript

 

For 2017, transcripts won't be available at least  until your return is processed. So, submit:

   2015 tax return TRANSCRIPT (from link above)

   2016 tax return TRANSCRIPT (from link above)

   2017 tax form (any of the 1040 versions will be fine, don't worry)

 

 

[geowrian 22,338]

USCIS doesn't prefer either. It's just much easier not to make a mistake with the transcripts (less likely to forget an associated document). They don't look through the taxes in much detail...just to determine if the sponsor makes enough money  / has enough assets.

If sending the 1040, you MUST include all W-2s and other schedules to support it as well. Just sending the 1040 is likely to result in an RFE.

 

Personally, I think the role of tax returns being used for the relationship side of things is more of a way to rule in fraud rather than a way to show a bona fide marriage. If somebody files as single, that would look suspicious.

I find it akin to how they ask for birth certificates of children, including for ROC. Having a child does not - in itself - show a bona fide marriage. But if a child was born during the relationship or marriage with a different father, that would raise some questions.

[sddude89 31]

1 hour ago, geowrian said:

 

Personally, I think the role of tax returns being used for the relationship side of things is more of a way to rule in fraud rather than a way to show a bona fide marriage. If somebody files as single, that would look suspicious.

I think that a joint tax return shows the couple trust each other. It is the document where you can see how much the other person makes. 

 

You can do a partial direct deposit to the joint bank account so the other person doesn't know how much you really make 

 

It is not uncommon that in fraudulent relationships the couple end up trying to rip each other off. And the least you know about each other, the better. Precisely while financial continuing is so important for uscis.

 

 

[geowrian 22,338]

11 minutes ago, sddude89 said:

I think that a joint tax return shows the couple trust each other. It is the document where you can see how much the other person makes. 

 

You can do a partial direct deposit to the joint bank account so the other person doesn't know how much you really make 

 

It is not uncommon that in fraudulent relationships the couple end up trying to rip each other off. And the least you know about each other, the better. Precisely while financial continuing is so important for uscis

I have to disagree. Whether you file MFS or MFJ is a tax liability decision and nothing more. Nobody would reasonably expect you to file one over the other and pay more in taxes.