Will wrong tax file affect AOS?

[Chen93 0]

Hi, I'm currently on F1 visa and ready to file AOS. 

 

My concern is that I have filed a tax return wrong under resident status when I should have filed as a nonresident alien. I did send an amended tax return to IRS to correct them but haven't got anything back.

 

Will this be an issue, or does anyone had a similar experience? Thanks in advance!

[JeanneAdil 6,652]

I would wait till i had IRS transcripts  of the amended return to send in with AOS

[arken 4,197]

It may if you are including your tax docs/transcripts in your AOS package? If not, no effect.

[Chen93 0]

37 minutes ago, arken said:

It may if you are including your tax docs/transcripts in your AOS package? If not, no effect.

So I just found out from guide page under I-485 Checklist shows  "Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021)"

 

So I guess I don't need to include tax transcript after all.

[USC4SPOUSE 506]

5 hours ago, Chen93 said:

So I just found out from guide page under I-485 Checklist shows  "Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021)"

 

So I guess I don't need to include tax transcript after all.

I do not think you need your tax transcript. You are not using your own income for the I-864, correct? Go ahead and file and get your place in the queue. 

[Rocio0010 5,635]

Two things: even though you are not a resident because you don’t have a green card, you might be a resident for tax purposes, so check on that. You might not need to amend anything. Second, if you are in fact a non resident for tax purposes, even if you don’t need to send the transcripts now, it is highly advisable that you file an amended return, for your piece of mind and just in case you want to become a citizen in the future.

[Chen93 0]

On 7/15/2021 at 7:27 PM, ra0010 said:

Two things: even though you are not a resident because you don’t have a green card, you might be a resident for tax purposes, so check on that. You might not need to amend anything. Second, if you are in fact a non resident for tax purposes, even if you don’t need to send the transcripts now, it is highly advisable that you file an amended return, for your piece of mind and just in case you want to become a citizen in the future.

Thanks for your advise. I did file amended return for 2019 in March which I should have filed as non-resident for tax purpose.