Income Requirements Question

[Iqbal13 0]

I have spoken to CPA about filing an amendment and she has advised me that it would take at least 4 months if not longer to receive a response from the IRS and that would delay the visa process further. 

14 hours ago, mytruelove18 said:

More important is current income and most recent tax year

Thanks for the response. I guess nothing to worry about as long as current income is above the stated guidelines. Btw, should I also submit the tax returns for those years or just write the income on the I-864, and only submit current income proof and last year tax returns?

 

[Iqbal13 0]

Thanks for the responses, everyone. So, I have also spoken to a CPA for filing an amended tax return and she has told me that currently the processing times is at a minimum 4 months before the IRS responds. We have already been waiting well over a year just for the USCIS processing and I don't want to delay any further. I think the best course of action based on the responses is to submit the tax returns as is and at the same time file the amended return and if any issues arise, we can show them that the changes have been made and was just waiting for the processing from IRS.

[Lorenelady 11]

I also filed single as my spouse wasn't here and didn't have a SSN. I also made enough to qualify for the current year needed but not for the previous years and did not have a problem. My husband is here now!

[pushbrk 12,822]

8 hours ago, Mike E said:

Lots of flawed arguments along the lines of:

 

“I drove 75 mph in a 65 mph zone and the state trooper didn’t pull me over for speeding so it must be ok”

 

 

Flawed argument above.  There actually IS a penalty for speeding.  There is NOT a penalty for overpayment of taxes due to filing single instead of MFS.  But....even if their was a penalty it is not immigration related.

[iwannaplay54 985]

5 hours ago, Iqbal13 said:

Thanks for the responses, everyone. So, I have also spoken to a CPA for filing an amended tax return and she has told me that currently the processing times is at a minimum 4 months before the IRS responds. We have already been waiting well over a year just for the USCIS processing and I don't want to delay any further. I think the best course of action based on the responses is to submit the tax returns as is and at the same time file the amended return and if any issues arise, we can show them that the changes have been made and was just waiting for the processing from IRS.

You don’t need a response to attach your corrected tax return.  You can attach the amended return with W2/1099’s etc and proof you mailed it to the transcript of the return previously filed in error.  The point is that you fixed it and filed it.  There is no requirement that a return be fully processed by the IRS before you submit it with an affidavit.

A 1040X is very easy to prepare and send in, and easy to print, copy, and submit with an affidavit.   This is a delay of hours at most not months.

[iwannaplay54 985]

23 minutes ago, pushbrk said:

Flawed argument above.  There actually IS a penalty for speeding.  There is NOT a penalty for overpayment of taxes due to filing single instead of MFS.  But....even if their was a penalty it is not immigration related.

You don’t seem to understand that the whole point of this advice that the tax returns match “married” all the way back to the year of marriage.  This has nothing to do with the IRS or tax penalties.  It is a historical record of consistency between filed documents for the same year and is a written record of “not married” on one document and “married” on another, with both documents “signed under penalty as accurate”.  The “not married” return is required to say “married” or HOH so:  It builds an inconsistency in the immigration file.  If that inconsistency can be fixed from the beginning why on earth would a professional such as yourself insist that a filer not eliminate it if it is possible to do so before the inconsistency is put there?   
Can you understand that this is a potential immigration and not an IRS issue?

Edited December 26, 2022 by iwannaplay54

[pushbrk 12,822]

1 minute ago, iwannaplay54 said:

You don’t seem to understand that the whole point of this advice that the tax returns match “married” all the way back to the year of marriage.  This has nothing to do with the IRS or tax penalties.  It is a historical record of consistency between filed documents for the same year and is a written record of “not married” on one document and “married” on another, with both documents “signed under penalty as accurate”.  The “not married” return is required to say “married” or HOH so:  It builds an inconsistency in the immigration file.  If that inconsistency can be fixed from the beginning why on earth would a professional such as yourself insist that a filer not eliminate it if it is possible to do so before the inconsistency is put there?   

I fully understand your theory.  I just as fully understand that although it is IMPROPER to file single when married, that there is no immigration or other penalty associated with doing so.

[iwannaplay54 985]

19 minutes ago, pushbrk said:

I fully understand your theory.  I just as fully understand that although it is IMPROPER to file single when married, that there is no immigration or other penalty associated with doing so.

Following rules and laws is not a theory.  Assuming that not following them is always dismissed with no consequence?  That’s a theory.

So:  Ignore that it is taxes. It is the IRS that doesn’t care.   
Are we saying though that we advocate that applicants sign single on one form and married on another then turn them both in for a spouse immigrant visa interview?  That is the issue.  Those records are there for ROC, for citizenship application.  They are re-audited at every step.  Is this wise?

Edited December 26, 2022 by iwannaplay54

[pushbrk 12,822]

1 minute ago, iwannaplay54 said:

So Ignore that it is taxes. It is the IRS that doesn’t care.   
Are we saying though that we advocate that applicants sign single on one form and married on another then turn them both in for a spouse immigrant visa interview?  That is the issue.

Like I said, I fully understand your point.  It's just that in 17 years, I've seen no evidence Consular Officers concern themselves with this particular inconsistency, and plenty of evidence they don't. If you have contrary evidence, please point to it.  I have concluded you don't as I've asked for it repeatedly already.  You perceive an issue that has no practical existence.