Difficult situation help needed asap

[GemmaBruce99 50]

I will try to explain this the best way i can.

 

I filed for AOS in August.  

 

We sent my husbands 3 years of tax returns, pay stubs and employment letter.

 

Received an RFIE in December that page 1 of 2018 tax return was missing.  On reflection, it was.

 

Tried to get a tax transcript for 2018 to reply to RIFE.. BUT turns out my IRS never received the return as my husband sent it to the wrong address.

 

Now,  we have to resend his tax return for 2018 obviously quite late.

 

Our lawyer is refusing to respond to the RIFE with the first page of the tax return we have and wants the front page of what are going to re send (even though its the same but date on it).  If we do this, the uscis are going to see he filed late?  should we be including a statement to why he filed late?

 

Very confused and frustrated.

 

 

 

 

 

 

[geowrian 22,338]

You need to actually file the return first. Then you can provide a copy of it. The original return was never actually filed as it went to the wrong address.

USCIS does not care if a return is sent late. The IRS may impose non-filing and non-payment fines (if he owed any money).

Edited January 6, 2020 by geowrian

[GemmaBruce99 50]

4 minutes ago, geowrian said:

You need to actually file the return first. Then you can provide a copy of it. The original return was never actually filed as it went to the wrong address.

USCIS does not care if a return is sent late. The IRS may impose non-filing and non-payment fines (if he owed any money).

Thankyou. My main concern is the USCIS would deny because he filed so late.

 

So what we can do, is actually send the return to the correct address and then reply to the RIFE with these copies?  We wont have time to wait for a transcript

[geowrian 22,338]

Just now, GemmaBruce99 said:

Thankyou. My main concern is the USCIS would deny because he filed so late.

 

So what we can do, is actually send the return to the correct address and then reply to the RIFE with these copies?  We wont have time to wait for a transcript

They won't deny because of when a return was filed. As long as it's filed, they don't care.

Yes. Just be sure to include a full copy of the return since you are not using the transcript - meaning the 1040 + all schedules (including W-2s, 1099s, etc.).

[GemmaBruce99 50]

Just now, geowrian said:

They won't deny because of when a return was filed. As long as it's filed, they don't care.

Yes. Just be sure to include a full copy of the return since you are not using the transcript - meaning the 1040 + all schedules (including W-2s, 1099s, etc.).

My other concern is, we already submitted it, thinking it was filed..but its not lol does that make sense?

[Liam2021 587]

2 minutes ago, GemmaBruce99 said:

Thankyou. My main concern is the USCIS would deny because he filed so late.

 

So what we can do, is actually send the return to the correct address and then reply to the RIFE with these copies?  We wont have time to wait for a transcript

How about send all related document for 2018 tax year( W2+1099, etc..) and included a letter explain the situation to USCIS, then file the 2018 tax year ASAP. Also, I'm not sure why it send to wrong address since 100% we can E-file the tax( Unless you're filling MFS).

[GemmaBruce99 50]

Just now, H&T said:

How about send all related document for 2018 tax year( W2+1099, etc..) and included a letter explain the situation to USCIS, then file the 2018 tax year ASAP. Also, I'm not sure why it send to wrong address since 100% we can E-file the tax( Unless you're filling MFS).

I dont want to send information if its not necessary.  I dont know why he mails them either lol but here we are in a bit of a mess 

[Wuozopo 4,293]

15 minutes ago, GemmaBruce99 said:

I dont want to send information if its not necessary.  I dont know why he mails them either lol but here we are in a bit of a mess 

You have a copy of what was going to be filed. So photocopy all pages in the return...1040 (2 pages) and maybe Schedule 1, Schedule ?, Form 2555 (which excluded your UK income earned in 2019).

 

Everybody has different forms and schedules in their returns So just make sure you include all that are in yours. Photocopy the W2 or 1099 which shows wages earned.  Then send that with the RFE.
 

 Also figure out where the original one went and track it down. That sounds like a dodgy story.  If it was the wrong address, it should have been returned to sender. If it was just the wrong IRS office, they should have sent it on to where it needs to be or processed it anyway. It shouldn’t  just be missing. Call the IRS and ask questions. 

Edited January 6, 2020 by Wuozopo

[GemmaBruce99 50]

4 minutes ago, Wuozopo said:

You have a copy of what was going to be filed. So photocopy all pages in the return...1040 (2 pages) and maybe Schedule 1, Schedule ?, Form 2555 (which excluded your UK income earned in 2019).

 

Everybody has different forms and schedules in their returns So just make sure you include all that are in yours. Photocopy the W2 or 1099 which shows wages earned.  Then send that with the RFE.
 

 Also figure out where the original one went and track it down. That sounds like a dodgy story.  If it was the wrong address, it should have been returned to sender. If it was just the wrong IRS office, they should have sent it on to where it needs to be or processed it anyway. It shouldn’t  just be missing. Call the IRS and ask questions. 

Thankyou,  this is helpful!  

 

He sent to the forms to CT instead of MISSOURI.

 

And then got a letter to say he didnt file 

[Wuozopo 4,293]

Well call the IRS and ask them what they do when a paper return arrives in CT instead of MO. Do they just bin it?

Did he owe money and include a check? Or if due a refund, haven’t you checked on that in all these months?

 

With a check goes to CT.  No check enclosed goes to MO, so I guess he did not make a payment.

[GemmaBruce99 50]

1 minute ago, Wuozopo said:

Well call the IRS and ask them what they do when a paper return arrives in CT instead of MO. Do they just bin it?

Did he owe money and include a check? Or if due a refund, haven’t you checked on that in all these months?

 

With a check goes to CT.  No check enclosed goes to MO, so I guess he did not make a payment.

He didn't make a payment. He wanted to set up a payment plan, hence the wrong address situation.  However besides the point,  I just want to know how to respond to the RFE ASAP

[Wuozopo 4,293]

3 hours ago, GemmaBruce99 said:

He didn't make a payment. He wanted to set up a payment plan, hence the wrong address situation.  However besides the point,  I just want to know how to respond to the RFE ASAP

Make copies of the whole thing and W2s and send it off to USCIS. Just like before but don't leave off a page. He filed, it's just lost. The return isn't going to change, even if he has to send it to the IRS again. They don't communicate with the IRS  to see if you really filed. The W2 copies will verify that he put the correct salary on his tax forms and didn't just make up some fantastic income. Well that's what I would do anyway.  

[GemmaBruce99 50]

Just now, Wuozopo said:

Make copies of the whole thing and W2s and send it off to USCIS. Just like before but don't leave off a page. He filed, it's just lost. The return isn't going to change, even if he has to send it to the IRS again. They don't communicate with the IRS  to see if you really filed. The W2 copies will verify that he put the correct salary on his tax forms and didn't just make up some fantastic income. Well that's what I would do anyway.  

I agree thankyou. Should of done that in the first place.  Think I will just reply myself if the lawyer wont 

[Wuozopo 4,293]

5 minutes ago, GemmaBruce99 said:

I agree thankyou. Should of done that in the first place.  Think I will just reply myself if the lawyer wont 

I would still have him call the IRS 800-829-1040 and ask what he should do, explaining he mailed it to CT. He's adding on to his debt in interest fees every day that he doesn't pay. 

 

Can you find my return? I filed on time and it is lost.

Do I have to send it all over again?

Can I get a payment plan? How do I do that?

If it is a late filing, is there a special address or where do I send it?

Is there somebody you can transfer me to since you aren't able to answer my questions?

 

My wife calls IRS just about every year and gets bumped to various departments until she gets the answers she wants. And she's not afraid to keep asking or arguing until she's clear on the answer. 

 

 

[Ksenia_O 696]

Since the IRS allows electronic filing of tax returns for the current tax year and the two previous tax years, you can still file your 2018 Tax Return electronically  - to save time on mailing and avoiding a mistake with the address.