Amending tax returns

[Shadaryia 11]

1 minute ago, Ayrton said:

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

Thanks! Sounds like a possible good plan, just sadly can't e-file when submitting the W7 for a faster tax return.   You are have given me lots of food for thought, Thanks!!! 

 

[Rocio0010 5,579]

I’ve read all your posts and I think that so long as you didn’t file as “single “ you’re good immigration wise. Also, I understand that you feel stressed and anxious about your case, but I wouldn’t hire an attorney. He has overstayed. People do that all the time and are just fine. He hasn’t worked illegally (which I’m not saying it’s ok, I’m just saying that even if he had, he should still be able to AOS). From what you say, he doesn’t have any criminal records either, so I would just DIY and save you some money. Plus, more important than the money, if you’re like me, I feel that attorneys sometimes screw things up and nobody would prepare my documents like me. But that’s me probably rambling. You do you. But know that if you DIY, VJ is a great, great place to post your doubts. 
When I AOSed, my husband (USC) and I printed the forms several times, and we did drafts on them. And every time I had a question, it was either YouTube or here. There are plenty of YouTube tutorials. 
I’m not really sure if this is allowed here, but Jim Hacking is a beast of an attorney, and he offers free consultations. So maybe you’d feel better if you talked to him before you spend close to 4500 on an attorney. 
Good luck whatever avenue you take and keep us posted. We’re here to help!

[Shadaryia 11]

2 minutes ago, ra0010 said:

I’ve read all your posts and I think that so long as you didn’t file as “single “ you’re good immigration wise. Also, I understand that you feel stressed and anxious about your case, but I wouldn’t hire an attorney. He has overstayed. People do that all the time and are just fine. He hasn’t worked illegally (which I’m not saying it’s ok, I’m just saying that even if he had, he should still be able to AOS). From what you say, he doesn’t have any criminal records either, so I would just DIY and save you some money. Plus, more important than the money, if you’re like me, I feel that attorneys sometimes screw things up and nobody would prepare my documents like me. But that’s me probably rambling. You do you. But know that if you DIY, VJ is a great, great place to post your doubts. 
When I AOSed, my husband (USC) and I printed the forms several times, and we did drafts on them. And every time I had a question, it was either YouTube or here. There are plenty of YouTube tutorials. 
I’m not really sure if this is allowed here, but Jim Hacking is a beast of an attorney, and he offers free consultations. So maybe you’d feel better if you talked to him before you spend close to 4500 on an attorney. 
Good luck whatever avenue you take and keep us posted. We’re here to help!

Thank you!  😃   

[Anggrek Bulan 3]

5 hours 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 😃

If you need it for AOS, then amend the last 3 years. If you do not need it then leave it that way. My daughter work for IRS. SHe told me the only thing that makes a different is the standard deduction.

[Shadaryia 11]

1 hour ago, Anggrek Bulan said:

If you need it for AOS, then amend the last 3 years. If you do not need it then leave it that way. My daughter work for IRS. SHe told me the only thing that makes a different is the standard deduction.

Thank you!

[SalishSea 17,836]

8 hours 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. 

Aren’t you nervous to wait even longer to adjust status?   He is deportable.

[Shadaryia 11]

@Jorgedig  Trust me I will be filing his AOS  as soon as I can!  

 

Edited August 18, 2021 by Shadaryia

[Yan yan 19]

13 minutes ago, Shadaryia said:

@Jorgedig  Trust me I will be filing his AOS  as soon as I can!  

 

My advise... Print the forms related for AOS, read the instructions given for each forms. Any questions you are not clear on, you can create a thread with all your concerns and I'm sure you will get a response. 

[HRQX 4,145]

14 hours ago, Shadaryia said:

Sadly,  It is going to cost $700 for me to amend all 3 with the w7.     Thanks 😃

I recommend to do it yourself but in a paced-out method. First and foremost focus on AOS and then do the amended taxes after AOS paperwork is filed.

 

I'll reply below with more general guidance about amending taxes after AOS paperwork is filed, but first: Does he have an unexpired UK passport? If so, when does it expire?

[Shadaryia 11]

51 minutes ago, HRQX said:

I recommend to do it yourself but in a paced-out method. First and foremost focus on AOS and then do the amended taxes after AOS paperwork is filed.

 

I'll reply below with more general guidance about amending taxes after AOS paperwork is filed, but first: Does he have an unexpired UK passport? If so, when does it expire?

@HRQX Thanks HRQX  😃  His passport is current until May of 2029.    As soon as I get the remainder of the money needed to file AOS, I will be contacting the attorney I found that is the most affordable in my area.   I agree with you 100% and will worry about amending taxes after we file for AOS.   I do not even know just how much USCIS is gonna be after proof of a valid marriage (being together on tax returns etc) with us being together and married for almost 6.5 years.    Thanks again 😃

4 hours ago, Yan yan said:

My advise... Print the forms related for AOS, read the instructions given for each forms. Any questions you are not clear on, you can create a thread with all your concerns and I'm sure you will get a response. 

@Yan yan Thanks! 😃 

Edited August 19, 2021 by Shadaryia

[HRQX 4,145]

2 hours ago, HRQX said:

I'll reply below with more general guidance about amending taxes after AOS paperwork is filed

@Shadaryia After you submit the AOS paperwork you'll do Form W-7 and Form 1040-X for 2018 tax year. W-7 is straightforward since it just asks for his name, DOB, place of birth, gender, UK passport info, and mailing address. Select box c "U.S. resident alien (based on days present in the United States) filing a U.S. federal tax return"

For the Acceptance Agent area your husband can go to certain local IRS offices: https://cashoregon.org/get-tax-help/renovacion-de-itin-itin-renewal/ "you can make an appointment with the IRS to verify your documents (the buildings in Vancouver, Portland, and Salem don’t require ID to enter, and the IRS does not have any relation nor reports to any immigration services). You’ll bring your completed W-7, original ID" and completed Form 1040-X for 2018 tax year.

 

I have a friend that applied for her first ITIN (*she last entered the US in 2004 and didn't leave) at the end of April 2021 and only recently received her ITIN on August 9, 2021.

 

On the Form 1040-X "Spouse’s social security number" box would be left blank. In "Amended return filing status" section select "Married filing jointly." In Column A copy the specific numbers (i.e. AGI, etc.) from the original 2018 return. When I amended my 2019 return in March 2021 I used FreeTaxUSA 2019 free edition but stopped right before "Submit taxes" page; there should be a link to open tax return PDF. I then copied the correct specific numbers (i.e. AGI, etc.) into Column C. Then Column B is just a matter of fill-in the "subtraction" row.

2 hours ago, HRQX said:

in a paced-out method.

After you submit Form W-7 with Form 1040-X for 2018 tax year do Form 1040-X for 2019 tax year; and so forth while you wait for Form W-7 and first Form 1040-X to process. After the ITIN is issued you'll input it on "Spouse’s social security number" box of the 2019 and 2020 1040-X forms; 2019 and 2020 will be filed based on the address listed on 1040-X instructions.

 

The Form 1040-X for 2018 tax year will basically be your practice for the 2019 and 2020 1040-X forms in terms of how to fill out those forms.

Edited August 19, 2021 by HRQX

[Shadaryia 11]

45 minutes ago, HRQX said:

@Shadaryia After you submit the AOS paperwork you'll do Form W-7 and Form 1040-X for 2018 tax year. W-7 is straightforward since it just asks for his name, DOB, place of birth, gender, UK passport info, and mailing address. Select box c "U.S. resident alien (based on days present in the United States) filing a U.S. federal tax return"

For the Acceptance Agent area your husband can go to certain local IRS offices: https://cashoregon.org/get-tax-help/renovacion-de-itin-itin-renewal/ "you can make an appointment with the IRS to verify your documents (the buildings in Vancouver, Portland, and Salem don’t require ID to enter, and the IRS does not have any relation nor reports to any immigration services). You’ll bring your completed W-7, original ID" and completed Form 1040-X for 2018 tax year.

 

I have a friend that applied for her first ITIN (*she last entered the US in 2004 and didn't leave) at the end of April 2021 and only recently received her ITIN on August 9, 2021.

 

On the Form 1040-X "Spouse’s social security number" box would be left blank. In "Amended return filing status" section select "Married filing jointly." In Column A copy the specific numbers (i.e. AGI, etc.) from the original 2018 return. When I amended my 2019 return in March 2021 I used FreeTaxUSA 2019 free edition but stopped right before "Submit taxes" page; there should be a link to open tax return PDF. I then copied the correct specific numbers (i.e. AGI, etc.) into Column C. Then Column B is just a matter of fill-in the "subtraction" row.

After you submit Form W-7 with Form 1040-X for 2018 tax year do Form 1040-X for 2019 tax year; and so forth while you wait for Form W-7 and first Form 1040-X to process. After the ITIN is issued you'll input it on "Spouse’s social security number" box of the 2019 and 2020 1040-X forms; 2019 and 2020 will be filed based on the address listed on 1040-X instructions.

 

The Form 1040-X for 2018 tax year will basically be your practice for the 2019 and 2020 1040-X forms in terms of how to fill out those forms.

Thank you!!!  

[HRQX 4,145]

1 hour ago, HRQX said:

Select box c "U.S. resident alien (based on days present in the United States) filing a U.S. federal tax return"

@Shadaryia actually it's box "e. Spouse of U.S. citizen/resident alien." https://www.irs.gov/instructions/iw7

This category includes:

...

 

• A resident or nonresident alien spouse who isn’t eligible to get an SSN but who is electing to file a U.S. federal tax return jointly with a spouse who is a U.S. citizen or resident alien. For more information about this category, see Pubs. 501 and 519.

...

If you’re applying for an ITIN under this category, you must provide the full name and SSN or ITIN of the U.S. citizen/resident alien. Enter the information on the dotted line in the space provided.

Edited August 19, 2021 by HRQX

[Wuozopo 4,293]

6 hours ago, HRQX said:

@Shadaryia actually it's box "e. Spouse of U.S. citizen/resident alien." https://www.irs.gov/instructions/iw7

This category includes:

• A resident or nonresident alien spouse who isn’t eligible to get an SSN but who is electing to file a U.S. federal tax return jointly with a spouse who is a U.S. citizen or resident alien. For more information about this category, see Pubs. 501 and 519.

If you’re applying for an ITIN under this category, you must provide the full name and SSN or ITIN of the U.S. citizen/resident alien. Enter the information on the dotted line in the space provided.

@Shadaryia

Concerning the category as explained in the quoted part. When  you and spouse go to the IRS Taxpayer Assistance  Center or Acceptance Agent to turn in the amended return, W7,  and get his passport verified— ask/beg them to make a photocopy for you of the completed form with the agent’s signature included. That’s one more piece of evidence with spouse’s name and your name/SSN tied together as married, and signed as well by the person accepting it to make it official. 

[Shadaryia 11]

1 hour ago, Wuozopo said:

@Shadaryia

Concerning the category as explained in the quoted part. When  you and spouse go to the IRS Taxpayer Assistance  Center or Acceptance Agent to turn in the amended return, W7,  and get his passport verified— ask/beg them to make a photocopy for you of the completed form with the agent’s signature included. That’s one more piece of evidence with spouse’s name and your name/SSN tied together as married, and signed as well by the person accepting it to make it official. 

@Wuozopo   Thanks for the advice!   That is an excellent plan! 😃   We have an appointment with the IRS on 9/15/2021, I will definitely ask/beg/and plead for that!  

Edited August 19, 2021 by Shadaryia