AOS Interview - Federal Income Tax returns not available

[Monkey&Shark 1]

Hello,

 

I finally got my appointment for my AOS interview. The letter names a list of things to bring, one of them being the Federal Income Tax returns and W-2s for the past 3 years. The interview is in 3 weeks from now. The problem is,  we haven't done our taxes for the past 2 years (don't ask me why, I've  been bugging my husband about that forever, but so far without success...). My question now is, is it imminent for us to have them for the interview or is there a way around it? I would love to get it done before the interview, but I'm not sure if there is enough time... Are we in trouble?? (We do have the W-2's though, if that helps?)

 

Thanks so much in advance, I am grateful for any kind of advice / experiences etc. 

[Californiansunset 336]

20 minutes ago, Monkey&Shark said:

Hello,

 

I finally got my appointment for my AOS interview. The letter names a list of things to bring, one of them being the Federal Income Tax returns and W-2s for the past 3 years. The interview is in 3 weeks from now. The problem is,  we haven't done our taxes for the past 2 years (don't ask me why, I've  been bugging my husband about that forever, but so far without success...). My question now is, is it imminent for us to have them for the interview or is there a way around it? I would love to get it done before the interview, but I'm not sure if there is enough time... Are we in trouble?? (We do have the W-2's though, if that helps?)

 

Thanks so much in advance, I am grateful for any kind of advice / experiences etc. 

File them immediately. You might get an RFE for not having them at the AOS interview but you could respond immediately to it once you get it. You should file your taxes every year from now on. You'll need them at every step of your immigration journey so it's kinda important. 

 

I never even thought about not filing for taxes. There are people like me who have sleepless nights over their tax returns because they are so darn complicated bc of still having stocks and funds and problematic stuff in their home country. Not filing at all would kind of spare me this headache. haha 

[usmsbow 802]

Well, for your AOS interview, bringing your W-2s is better than nothing at all. 

 

As Californiasunset said, file your tax returns ASAP. This info will probably dissuade your husband from filing but: you will have to pay a penalty and interest on any taxes you owe. That's assuming you two lived in the USA the last couple years, which it sounds like you did. You might want to visit an IRS help center to discuss. 

 

Good luck!

 

 

 

 

[Crazy Cat 42,144]

From the USCIS web site:

 

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

• Required to obey all laws of the United States the states, and localities
• Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities
• Expected to support the democratic form of government and not to change the government through illegal means
• Required, if you are a male age 18 through 25, to register with the Selective Service

It  says REQUIRED....

 

 

From the IRS:

 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Are you in trouble?  I'm not an attorney, but I certainly wouldn't ignore the possibility........What was your husband thinking????

[Olivier de Nimes 12]

Hi there,

 

yes taxes are a headache for us all.

Great advise from Californiansunset. As mentioned, it is critical as an immigrant to be as up to date as can be with taxes and the  IRS. Every stage of your immigration road will ask for it.

You might be able to file them quickly using e-file with turbotax or its competitors. I file like this each year and i can print and save my return straight away (my case is not complicated).

Most of all, you have to be honest during the interview and release that information (the fact you did not file for 2 years), and possibly try to find an acceptable reason why you did not file.

Unfortunately, all this does not guarantee that your adjustment will be accepted.

 

Good luck.

[Crazy Cat 42,144]

11 minutes ago, usmsbow said:

Well, for your AOS interview, bringing your W-2s is better than nothing at all. 

 

As Californiasunset said, file your tax returns ASAP. This info will probably dissuade your husband from filing but: you will have to pay a penalty and interest on any taxes you owe. That's assuming you two lived in the USA the last couple years, which it sounds like you did. You might want to visit an IRS help center to discuss. 

 

Good luck!

 

 

 

 

Normally, I would say that not filing taxes when required can be overcome, but I suspect it is a pretty important part of Adjusting Status.  After all, it is a responsibility of all LPRs.

[Californiansunset 336]

@Monkey&Shark

Also, check out the penalties for willfully not filing taxes or not mentioning foreign accounts and stuff... I feel like it's going to scare you enough to be on top of your tax returns from now on. It's also very important if you consider ever becoming a US citizen... they look at things like that because they want to see good moral character.... deciding not to file taxes doesn't necessarily show good moral character.

[Crazy Cat 42,144]

This is from citizenpath.com:

 

Filing U.S. Income Taxes After a Marriage Petition

Taxes can also affect persons that have recently immigrated through marriage to a U.S. citizen or permanent resident. If you recently arrived to the U.S. as a K-1 or K-3 spouse, you should be filing jointly in the next occurring tax filing. When filing Form I-485 to adjust status to permanent resident status on the basis of marriage, you must prove that the marriage is bona fide. You’ll need to submit several documents as evidence of your genuine marriage, and tax documents are critical. USCIS will review your tax returns (for any relevant years) to confirm that they were filed jointly.

[Crazy Cat 42,144]

2 minutes ago, Californiansunset said:

@Monkey&Shark

Also, check out the penalties for willfully not filing taxes or not mentioning foreign accounts and stuff... I feel like it's going to scare you enough to be on top of your tax returns from now on. It's also very important if you consider ever becoming a US citizen... they look at things like that because they want to see good moral character.... deciding not to file taxes doesn't necessarily show good moral character.

I don't think it even has to be willful......anyway, because of this, I hired a very good accountant here in the Dallas area who did our FBAR and the other reporting requirements.

 

This is from Forbes.com:

" The statutory civil penalties might be $10,000 per year for a non-willful failure but a willful failure to file could, by statute, be subject to civil penalties equivalent to the greater of $100,000 or 50% of the balance in an unreported foreign account, per year, for up to six tax years.[ii] Non-willful penalties might be avoided if there is “reasonable cause” for the failure to timely file the FBAR.

[Californiansunset 336]

3 minutes ago, missileman said:

I don't think it even has to be willful......anyway, because of this, I hired a very good accountant here in the Dallas area who did our FBAR and the other reporting requirements.

 

This is from Forbes.com:

" The statutory civil penalties might be $10,000 per year for a non-willful failure but a willful failure to file could, by statute, be subject to civil penalties equivalent to the greater of $100,000 or 50% of the balance in an unreported foreign account, per year, for up to six tax years.[ii] Non-willful penalties might be avoided if there is “reasonable cause” for the failure to timely file the FBAR.

I know this is why I am right now considering spending $400 USD for a German American tax advisor  It's a lot of money but worth it if I can finally sleep again assured that everything is okay with my taxes and stuff. 

[Crazy Cat 42,144]

12 hours ago, Californiansunset said:

I know this is why I am right now considering spending $400 USD for a German American tax advisor  It's a lot of money but worth it if I can finally sleep again assured that everything is okay with my taxes and stuff. 

I know exactly what you mean.  I tossed and turned for a few months before I decided to hire our accountant.  When I looked at the return she prepared, I knew I had made the right decision by hiring her.  In our case, it was beneficial for us both to file "MFS" while itemizing.  The accountant ran the numbers, and she arrived at the best legal solution for us, considering my wife's foreign income and assets.  She also filed the foreign assets form and the FBAR (which is filed electronically to another US Gov agency)  for us as well.......I'm so glad I didn't tackle this one myself.

 

Bottom Line: This can be a complicated task, but it strictly required by the the US Government.

Edited March 17, 2018 by missileman

[JFH 12,191]

*~*~*moved from “IMBRA” to “AOS from K visas”*~*~*

[NJI751 12]

OP, did you/your husband not files taxes because your income was under the filing limit? (Not sure what that is right now).

 

When I went for my immigration interview, I was a college student and had not filed tax returns because I did not earn enough and USCIS had no problem with it. (This was for Citizenship.) And you could be leaving money on the table by not filing.

 

However, if you have not filed and owe taxes, you are going to face a hard time with USCIS.

 

As the others have suggested, you need to act on this NOW!. If you can get some proof from IRS that you have filed, and are willing to pay your taxes, USCIS is OK with that. I have personally seen cases where Citizenship was approved even when taxes were owed, but they had a payment plan agreement from the IRS.

[Monkey&Shark 1]

Thanks so much everyone who commented! We found a friend who does taxes and she assured us that we can get them done in time! We're preparing all the documents right now. 

You all have very valid points, and I appreciate everyone of them! 

My husband switched over from a contractor to an employer in the middle of last year, and he's only ever done his taxes once (when I needed them for the I-485); he was a student before and then worked part-time, so he fell under the filing limit. He's not the best with this kinda stuff, so I think it just scared him and he procrastinated... This was definitely a lesson for both of us though!! 

With all the write-offs he gets from being a contractor, I doubt we owe a high amount of taxes, if any. So hopefully we won't have to pay a fine! 

 

We're just hoping for the best now, and giving our best to prepare for the interview - incl. getting our taxes done, of course

 

Thanks again for all your advice!