USCIS wants 2021 taxes but I can't e-file 2021 because of the USCIS

[ponyboy69 1]

I recently got a request for evidence asking for my recent tax documents as well as other records that I already sent them. I guess I'll just send the documents a second time(or upload them to USCIS.COM) and hope that they accept them. With the taxes, however, I think they want my 2021 taxes since I filed the I-485 on the cusp of tax season. I'd like to file them online so I that I don't have to wait longer to give a copy to the USCIS, but I'm finding e-filing to be impossible when your spouse doesn't have a social security number or IITN. 

 

TLDR: I need to do my 2021 taxes before the USCIS gives my wife a green card, but I can't do my 2021 taxes because the USCIS hasn't given her a green card.

[Timona 4,207]

Recent tax is 2020 not 2021

[arken 4,197]

1 hour ago, ponyboy69 said:

but I can't do my 2021 taxes because the USCIS hasn't given her a green card

You can file 2021 taxes without uscis giving your spouse the GC,

 

Uscis hasn't asked for 2021 tax return docs.

[ponyboy69 1]

5 minutes ago, arken said:

You can file 2021 taxes without uscis giving your spouse the GC,

 

Uscis hasn't asked for 2021 tax return docs.

It's more complicated than that. Our marriage was in December, so I have to file as married filing separately. Unfortunately, I have been unable to do this online because turbotax, taxslayer, hr block all won't let me file without her social. I could file as single, but that could upset the USCIS for all I know.

 

How do you know they don't want 2021 taxes?

 

I sent them the required tax documents for 2020, 2019, and 2018, and now they are asking for my tax documents again.

 

Maybe they just lost those documents which is probably what happened to the marriage certificate and birth certificate that I sent, or maybe they want 2021 taxes as well. I have no clue how someone is supposed to know the right answer to this because they don't provide it.

[K1visaHopeful 2,814]

2021 is not the MOST recent tax year until:

1. 2021 taxes are DUE on April 18th or AFTER.

2. You file 2021 taxes. 

 

Whichever comes first of 1 OR 2.

 

You can't efile. You can only paper file.

 

1. File as MFJ and attach a W7 to your paper filed 2021 tax return to request an ITIN.

OR 

2. Paper file as MFS and amend later.

You cannot file as single. That's illegal.

 

Forgetting ALL of that, you are likely reading your very generic as everyone gets the same RFE,  wrong.

 

There are many many of posts about how to figure out what you did wrong.

I suggest you do some research before you make any assumptions of what you did wrong (yes you did do something wrong).

 

[arken 4,197]

6 minutes ago, ponyboy69 said:

I have been unable to do this online because turbotax, taxslayer, hr block all won't let me file without her social.

Correct, you need to mail the 2021 tax return in that scenario but you can't say you couldn't file tax return because uscis hasn't given GC to your spouse.

 

8 minutes ago, ponyboy69 said:

sent them the required tax documents for 2020, 2019, and 2018, and now they are asking for my tax documents again.

 

 

Even if you miss one supporting documents ragarding i864 or if you bombard all unnecessary docs for them to figure out, they'll send RFE, a general RFE.

So just send your 2020 tax return document as your most recent year and provide exactly what RFE says.

 

11 minutes ago, ponyboy69 said:

How do you know they don't want 2021 taxes?

Lots of people haven't even received their W2 or other tax documents from financial companies, how can uscis ask for 2021 when they can't even file for tax return? There is a reason why Mid April is tax return filing deadline. After that 2021 becomes the most recent year.

[JeanneAdil 6,498]

1st of all she just came in December and with the I 94 she still has time (if u hurry) to apply for her SS # 

and since you have started the AOS process ,  she is not eligible for ITIN (as she is eligible for SS #)

 

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. The IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain, a Social Security number (SSN) from the Social Security Administration (SSA).

 

https://www.irs.gov/individuals/individual-taxpayer-identification-number

under the "what't a ITIN"

 

At this time when u file ,  leave the spouse's SS line blank

also any online tax service will let u apply without her SS # so ,  paper file

 

AS for tax year it is still 2020 returns that USCIS needs

and BYW by the time you get to an interview,  the 2021 returns will be needed and IRS has already said "returns will be slow for 2021 tax season so have a copy of 1040 and your W2's ready for interview 

Edited January 30, 2022 by JeanneAdil

[belinda63 3,038]

Since employers are not even required to mail out 2021 W2s until Jan 31 and brokarage firms are not required to provide tax documents until Feb 15 USCIS cannot require you provide your 2021 tax return now.

[randy32 165]

What exactly did USCIS ask for? We all think that you are reading too much into the RFE.

Tax filled or 2021 taxes? The sum of all the document sent makes the case not just one document

 

READ the RFE and respond to it line by line as it applies to you.

Don't try to read between the lines. Nothing to find there. As I have stated in the past, the requests have been simplified to the point that if followed, you do not require this forum or a lawyer to assist you.

 

FYI this does not mean that this forum is not helpful or lawyers don't have there place.

[ponyboy69 1]

Quote

What exactly did USCIS ask for?

They asked for my birth certificate, the marriage certificate, and my tax records for the I-864. I was a little paranoid about the I-864 part since I started regular employment in October. I guess I'll just send the same documents that I sent before, as well as my W2 and an explanation that my taxes will be delayed due to my wife's immigration status. 

 

They also sent the online account letter, so I'll upload them this time. That way they can't misplace anything.

 

Thanks for the advice.