I864 question

[daisylynn 0]

**ETA** This was suppose to read DS230 #25...sorry!

What do I mark here? I did fill out 2006 tax return, just to have a record of filing, even though I made no money at all. However, I filed single instead of married, filing jointly, so that is all messed up.

Do I check the box on #25 saying I filed for 3 years? I really only filed for one but there is no box for that. And is it better to say I filed 2006 and try to explain to Immigration why I filed 'single' or say that I wasn't required to file because I didn't earn any income? I don't want to lie but don't know how to answer this question the best way. I think I made a mess of it by filing in the first place

Thanks!

Tammy

Edited October 4, 2007 by daisylynn

[trailmix 77]

Hi Tammy,

Guess who!

Well I did read your other post about what happened with your tax return.

You can tell them you didn't file, if you want to - but as you said you don't really want to lie (and my personal opinion is that you shouldn't).

You can submit a correction to your return using this form 1040X The instructions for the 1040X are here

I've never corrected a return but from what I read on the form for the correction you just make the change at the top that you need to (Married filing separately - unless you are really filing jointly?) and then explain it at the bottom of the page, be sure to put your Husband's name in the explanation of what you are changing as when you file Married filing separately they ask for it on the 1040.

If you did this then you could honestly say you filed Married filing separately and the transcript would reflect this after they made the update.

As for your other question - #25 on the DS-230 you mentioned, is Previous visits to the United States so I assume you meant 25 on the I-864.

There isn't really an option that your situation falls under to mark off here, as you mentioned. If it were me I would mark yes and put an * beside it and then I would put a note at the bottom of that area (under where it says Optional): *I was not required to file for 04/05/06 please see attached.

Then you can write up your letter saying you filed for 06 even though you were not required to and that you did not file for 04 and 05 because of - whatever you were going to tell them.

Anyway that's my take on it.

[daisylynn 0]

Thank you! Thank you! Thank you!

I can always count on you for great advice

The guy that I talked to from IRS mentioned something about a 1040x but then just kept saying it was rediculous and that was to change something if it would make the amount different. So, I'm just going to go ahead and fill out that form and send it in. I don't want to lie at all so it's better if I do it this way. And do I just take my copy of the return (photocopy of what I send in) for Immigration to see. Is that enough for them?

*eta* When I put down why I didn't file for 04 and 05, do you think it's ok if I say that I wasn't required to file for any of the years (04 05 or 06) but that I went ahead and filed for 06 just to have a record of it? Do you think that will be ok since I didn't file for 2 of the years but did for the last year? Or would they want me to file all 3 years?

Hi Tammy,

Guess who!

Well I did read your other post about what happened with your tax return.

You can tell them you didn't file, if you want to - but as you said you don't really want to lie (and my personal opinion is that you shouldn't).

You can submit a correction to your return using this form 1040X The instructions for the 1040X are here

I've never corrected a return but from what I read on the form for the correction you just make the change at the top that you need to (Married filing separately - unless you are really filing jointly?) and then explain it at the bottom of the page, be sure to put your Husband's name in the explanation of what you are changing as when you file Married filing separately they ask for it on the 1040.

If you did this then you could honestly say you filed Married filing separately and the transcript would reflect this after they made the update.

As for your other question - #25 on the DS-230 you mentioned, is Previous visits to the United States so I assume you meant 25 on the I-864.

There isn't really an option that your situation falls under to mark off here, as you mentioned. If it were me I would mark yes and put an * beside it and then I would put a note at the bottom of that area (under where it says Optional): *I was not required to file for 04/05/06 please see attached.

Then you can write up your letter saying you filed for 06 even though you were not required to and that you did not file for 04 and 05 because of - whatever you were going to tell them.

Anyway that's my take on it.

Edited October 5, 2007 by daisylynn

[trailmix 77]

And do I just take my copy of the return (photocopy of what I send in) for Immigration to see. Is that enough for them?

*eta* When I put down why I didn't file for 04 and 05, do you think it's ok if I say that I wasn't required to file for any of the years (04 05 or 06) but that I went ahead and filed for 06 just to have a record of it? Do you think that will be ok since I didn't file for 2 of the years but did for the last year? Or would they want me to file all 3 years?

You're welcome!

If you haven't received a corrected transcript from the IRS by the time you need it, just go ahead and use a copy of your return and attach a copy, also, of the 1040X correction.

Sounds like you got a really grouchy IRS guy - not good, he doesn't understand why you filed - but he has probably never worked on immigration!

What I would do in explaining the 1 year filed - two years not - for 2006 I would state why you filed - that you wanted to file so you would have a copy of your most recent tax return for your Husband's immigration application, although you were not technically required to file a return as you had no income.

Then for the two years you did not file for I would quote what the guidelines say - as to why you were not required to file:

In 04, for Married filing Separately, you were required to file a return if your gross income was at least $3100.00 Chart A - page 12 - 1040 instructions for 2004

For 05, you were required to file a return if your gross income was at least $3200.00 Chart A - page 12 - 1040 instructions for 2005

[daisylynn 0]

Sounds perfect! I'll do that. Thanks again!!!

[lostinfrance 0]

And do I just take my copy of the return (photocopy of what I send in) for Immigration to see. Is that enough for them?

Actually, I was told by the IRS to send them the return with a copy that they would stamp and sent back to me is a SASE.

That stamped copy was what I presented to the Embassy.

Or get a transcript from the IRS, of course.

Edited October 8, 2007 by lostinfrance