Amending tax returns

[Shadaryia 11]

I have mistakenly filed head of household for many years now (Didn't know about ITIN) and have been looking into amending my tax returns to married jointly.   Question is:  From your experience, just how important are tax returns to USCIS - Should I just amend  2020 tax returns with the ITIN app (w7) or do my last 3 years tax returns  (2018, 2019 and 2020)   Sadly,  It is going to cost $700 for me to amend all 3 with the w7.     Thanks 😃

[JeanneAdil 6,510]

the 1040x to amend is rather simple so not sure why anyone would charge $700 

W7 filled out and providing marriage and immigrants ID

and u only submit the W7 with one return (it would normally be the first year married) but i didn't have to AOS so others know more about what tax years are needed as perhaps only the most recent one will suffice

 

 

He doesn't have a SS # yet?

 

[Ayrton 965]

31 minutes ago, Shadaryia said:

I have mistakenly filed head of household for many years now (Didn't know about ITIN) and have been looking into amending my tax returns to married jointly.   Question is:  From your experience, just how important are tax returns to USCIS - Should I just amend  2020 tax returns with the ITIN app (w7) or do my last 3 years tax returns  (2018, 2019 and 2020)   Sadly,  It is going to cost $700 for me to amend all 3 with the w7.     Thanks 😃

The status you filed, not so much. And amending your tax return won't update the transcripts, so it's just matter of being in good shape with the IRS.

 

The most important is, don't delay filing for AOS.

Edited August 18, 2021 by Ayrton

[Shadaryia 11]

@JeanneAdil I am planning to file concurrent i-130, 485 and 864 at the end of September to adjust my spouses status (that's when I will have the required $4500 needed to file with a lawyer)   so No my spouse does not have a SSN yet.  I am in the process of trying to get everything in order, like my tax returns before filling his AOS.  I am definitely going to amend my 2020 tax returns with his ITIN app  just not sure how important it is to also amend 2018 and 2019, especially since 2022 is just 5 months away.    My the time we have our green card interview we will have already filed our upcoming 2021 taxes together with the new ITIN he will receive that we are about to apply for with the amended 2020 taxes - I am just not sure how important 2018 and 2019 are.   The $700 is the quote 2 different tax preparers have quoted in the area where I live to amend 3 tax returns with the ITIN app. 

Edited August 18, 2021 by Shadaryia

[Ayrton 965]

1 minute ago, Shadaryia said:

@JeanneAdil I am planning to file concurrent i-130, 485 and 864 at the end of September to adjust my spouses status (that's when I will have the required $4500 needed to file with a lawyer)   so No my spouse does not have a SSN yet.  I am in the process of trying to get everything in order, like my tax returns before filling his AOS.  I am definitely going to amend my 2020 tax returns with his ITIN app  just not sure how important it is to also amend 2018 and 2019, especially since 2022 is just 5 months away.    My the time we have our green card interview we will have already filed our upcoming 2021 taxes together with the new ITIN he will receive that we are about to apply for with the amended 2020 taxes - I am just not sure how important 2018 and 2019 are.   The $700 is the quote 2 different tax preparers have quoted in the area where I live.  

Remember that after EAD is approved, he's gonna be eligible for a SSN. And the sooner you file, the sooner the EAD will be approved and the ITIN will become useless.

 

In my opinion, I wouldn't use a lawyer to file for AOS. Even though you might think you have a complicated case, AOS for overstayed immigrants happen all the time. Take one day to go over all the instructions on the USCIS website and here in the forum. Fill out all the forms by yourself and then post all the questions and doubts you might have. You will be saving more than half of the money you would be spending with a lawyer.

[Shadaryia 11]

@Ayrton   Thanks for the information!  I didn't know amending my tax returns would not change my transcripts.  I have already sent off for and received my 2020 tax transcripts in case USCIS asks for them. I am trying to prepare our AOS case to the best of my ability so my beloved does not get deported.    Also thanks for your opinion regarding the filing status.  I have not filed "single" etc  Just head of household without my spouse listed on my returns because I didn't know I could without a SSN (just learned of the ITIN)    I believe I will start with amending 2020 to get his ITIN for filing 2021 together come beginning of February 2022.  I do not believe if we file his AOS end of September that he will receive a SSN by the beginning of Feb to file 2021 taxes together based on everything being back logged with COVID etc.     I am just trying to prove a valid marriage to USCIS.   Thanks

Edited August 18, 2021 by Shadaryia

[Shadaryia 11]

5 minutes ago, Ayrton said:

Remember that after EAD is approved, he's gonna be eligible for a SSN. And the sooner you file, the sooner the EAD will be approved and the ITIN will become useless.

 

In my opinion, I wouldn't use a lawyer to file for AOS. Even though you might think you have a complicated case, AOS for overstayed immigrants happen all the time. Take one day to go over all the instructions on the USCIS website and here in the forum. Fill out all the forms by yourself and then post all the questions and doubts you might have. You will be saving more than half of the money you would be spending with a lawyer.

Thank you! 😃

[Crazy Cat 41,886]

15 minutes ago, Shadaryia said:

@JeanneAdil I am planning to file concurrent i-130, 485 and 864 at the end of September to adjust my spouses status (that's when I will have the required $4500 needed to file with a lawyer)   so No my spouse does not have a SSN yet.  I am in the process of trying to get everything in order, like my tax returns before filling his AOS.  I am definitely going to amend my 2020 tax returns with his ITIN app  just not sure how important it is to also amend 2018 and 2019, especially since 2022 is just 5 months away.    My the time we have our green card interview we will have already filed our upcoming 2021 taxes together with the new ITIN he will receive that we are about to apply for with the amended 2020 taxes - I am just not sure how important 2018 and 2019 are.   The $700 is the quote 2 different tax preparers have quoted in the area where I live to amend 3 tax returns with the ITIN app. 

All you need is a 1040X........that tax person is way, way overpriced.

[Shadaryia 11]

@Ayrton    How important do you think as far as proving a valid marriage to USCIS during the green card interview are my taxes going to be?   We have been married 6.5 years.  

[Ayrton 965]

10 minutes ago, Shadaryia said:

@Ayrton    How important do you think as far as proving a valid marriage to USCIS during the green card interview are my taxes going to be?   We have been married 6.5 years.  

I think the length of your marriage says it all. People misfile taxes all the time. Tons of people file Single when they have foreign spouses because it's a trouble to get ITIN from abroad. (Not saying that it's correct, just that it happens a lot).

Edited August 18, 2021 by Ayrton

[Shadaryia 11]

@Crazy Cat   I agree with you!  I also feel each amendment costing $200.00 is too much.   They quoted me $700 for all three tax returns amendments with the ITIN app.          Because I want to file 2021 tax returns together and fear not having his SSN in time, that's why I am wanting to amend at least 2020 with his ITIN app since you can't just apply for an ITIN by its self - It has to be submitted with a tax return.

[Shadaryia 11]

 

4 minutes ago, Ayrton said:

I think the length of your ma

 

3 minutes ago, Shadaryia said:

@Ayrton Are you saying that the length of how long we have been married speaks for itself?   That is what I have been wondering.   We have been together since October 2014,  Married January 2015 - together living in the US.  I just don't have my husband on any paperwork yet to prove anything.   (I am in the process of adding him to everything I possibly can) 

 

Edited August 18, 2021 by Shadaryia

[Ayrton 965]

2 minutes ago, Shadaryia said:

@Ayrton    Are you 

 

 

Sorry, I pressed submit by mistake, I edited my reply.

[Ayrton 965]

3 minutes ago, Shadaryia said:

@Ayrton    Are you 

 

 

Remember that you can also file for an ITIN when you file 2021 taxes, you send the W7 along with the 1040.

[Shadaryia 11]

2 minutes ago, Ayrton said:

Sorry, I pressed submit by mistake, I edited my reply.

Thanks!  I found your corrected reply 😃