Amended tax return with I-864

[Kelli S 0]

I know this was very stupid, but I mistakenly filed my 2023 taxes as single when I was married late in the last fiscal year. I had filed my own taxes in all previous years and evidently was not smart enough to do that with any life changes. My spouse and I are in the process of completing our I-485 packet and I am trying to figure out what I should provide for tax returns now.

 

We consulted with an immigration attorney, who did not seem very concerned, but agreed we should file a 1040-X with a tax expert, which was done today. We changed my status to married filing separately on their advice since my spouse filed that way on his 1040-NR. I did end up owing money and will send that in ASAP, but I know these generally take awhile to process. My income is just fine otherwise and did not change.

 

My question is, should I just send in my 1040-X along with W2/1099 at this point? I had my tax transcripts all ready to go until I discovered the mistake and am worried about messing something up again. Thanks!

[Crazy Cat 41,809]

I would send the 1040X and supporting documents as it is the latest return.....or you could send both the pre-amended transcript and the 1040X (plus supporting documents) as you are just amending filing status.

[M plus D 57]

Pre-amended transcript seems the most safe route to avoid an RFIE. USCIS in general likes Tax Transcripts the most, because it is a government-verified document. Unfortunately, there are people who have gotten an RFIE despite sufficient income, simply because USCIS didn't feel like accepting the Tax Return with W-2.