Tax Transcripts and Amendments

[Kittyfang 6]

I'm hoping you guys can answer this question. So far, I've had two types of answers and they are drastically opposed.

For the past 3 years, my husband and I have been married. The first two, he was (mistakenly) told to file as Single, because I did not have an SSN. (We were not even told about ITIN). This year, we heard about ITINs and went to H&R Block. While we were there, we had them amend the first 2 years that were incorrectly filed.

Now, if I was to show USCIS the amended taxes, will they raise an eyebrow at the fact that the first two years were amended? Will they even care (I mean, we amended our taxes, will the amendment even be an issue)?

Or, if we order a tax transcript, will it show the amended taxes, or only the info that we have now submitted. Our tax person told us that a tax transcript will show the information as IRS has it. Meaning that they will send us the information that we have amended. I'm skeptical about that because on the IRS website, it says "A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed."

I'm not trying to hide anything. I am simply wondering what info will the transcript show and if it does show that the taxes have been amended for the first two years (to add me and file jointly as married), will USCIS make an issue out of it? (for example, will the transcript for 2007 show my husband as having filed Single, or will it show the amendment and show the filing as being "Married filing jointly"?

Sorry if my wording is confusing.

Edited April 17, 2010 by Kittyfang

[zenaxe 22]

I'm hoping you guys can answer this question. So far, I've had two types of answers and they are drastically opposed.

For the past 3 years, my husband and I have been married. The first two, he was (mistakenly) told to file as Single, because I did not have an SSN. (We were not even told about ITIN). This year, we heard about ITINs and went to H&R Block. While we were there, we had them amend the first 2 years that were incorrectly filed.

Now, if I was to show USCIS the amended taxes, will they raise an eyebrow at the fact that the first two years were amended? Will they even care (I mean, we amended our taxes, will the amendment even be an issue)?

Or, if we order a tax transcript, will it show the amended taxes, or only the info that we have now submitted. Our tax person told us that a tax transcript will show the information as IRS has it. Meaning that they will send us the information that we have amended. I'm skeptical about that because on the IRS website, it says "A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed."

I'm not trying to hide anything. I am simply wondering what info will the transcript show and if it does show that the taxes have been amended for the first two years (to add me and file jointly as married), will USCIS make an issue out of it? (for example, will the transcript for 2007 show my husband as having filed Single, or will it show the amendment and show the filing as being "Married filing jointly"?

Sorry if my wording is confusing.

You may want contact USCIS and get some clarity. I imagine if you are straight with what happened and explained plus you have amended tax returns, the situation wouldn't be bad. What's the alternative? Not say anything and see what happens? You'd have to answer to all of it anyway given the amended returns.

You have a marriage certificate that proves you got married, you can I assume prove a solid bonafide marriage and relationship - that's really at the heart of any immigraion issue. You got less than favourable tax advise - now you're making the proper amendments. That doesn't mean you were in a fraudulent marriage and that's what USCIS needs to filter out.

[LT.Nora 7]

I'm hoping you guys can answer this question. So far, I've had two types of answers and they are drastically opposed.

For the past 3 years, my husband and I have been married. The first two, he was (mistakenly) told to file as Single, because I did not have an SSN. (We were not even told about ITIN). This year, we heard about ITINs and went to H&R Block. While we were there, we had them amend the first 2 years that were incorrectly filed.

Now, if I was to show USCIS the amended taxes, will they raise an eyebrow at the fact that the first two years were amended? Will they even care (I mean, we amended our taxes, will the amendment even be an issue)?

Or, if we order a tax transcript, will it show the amended taxes, or only the info that we have now submitted. Our tax person told us that a tax transcript will show the information as IRS has it. Meaning that they will send us the information that we have amended. I'm skeptical about that because on the IRS website, it says "A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed."

I'm not trying to hide anything. I am simply wondering what info will the transcript show and if it does show that the taxes have been amended for the first two years (to add me and file jointly as married), will USCIS make an issue out of it? (for example, will the transcript for 2007 show my husband as having filed Single, or will it show the amendment and show the filing as being "Married filing jointly"?

Sorry if my wording is confusing.

Like everybody, you confuse IRS with USCIS. The reason why USCIS asks for tax returns is for them to see if your husband qualifies as your sponsor. They look at line 37 (Adjusted Gross Income). Period. Nothing else.

They don't care if it is joint or single tax return.

The only time filing status matters to USCIS is if you choose to show the tax returns as a proof of your marriage at the interview or at the time when submitting documents for 10 year GC. Then obviously it should be filed "Joint" or "Married Filing Separately".

Whoever advised your husband to file "single" was thinking about you as a "non-resident spouse" which isn't true, because for tax purposes you are considered "a resident" (I assume you live with him).

The person in H&R block was wrong and you were right - the amendments do not show up in the TAX transcript. Just like the amount of taxes owed, paid or if anything was amended. ACCOUNT transcript would show the amendments made, but it would also show the money owed and the whole history of payments made and all that.

I assume your husband just amended the filing status to "married filing jointly" and not the income (to include you)? If that's the case and the income did not change, it makes no difference to USCIS. It actually might be good news to you, because you might receive a refund ("joint" taxes have different tax brackets).

Do not worry about the filing status, worry about the amount of adjusted gross income, which will determine if your husband can sponsor you!

Hope that helped!

[Kittyfang 6]

Like everybody, you confuse IRS with USCIS. The reason why USCIS asks for tax returns is for them to see if your husband qualifies as your sponsor. They look at line 37 (Adjusted Gross Income). Period. Nothing else.

They don't care if it is joint or single tax return.

The only time filing status matters to USCIS is if you choose to show the tax returns as a proof of your marriage at the interview or at the time when submitting documents for 10 year GC. Then obviously it should be filed "Joint" or "Married Filing Separately".

Whoever advised your husband to file "single" was thinking about you as a "non-resident spouse" which isn't true, because for tax purposes you are considered "a resident" (I assume you live with him).

The person in H&R block was wrong and you were right - the amendments do not show up in the TAX transcript. Just like the amount of taxes owed, paid or if anything was amended. ACCOUNT transcript would show the amendments made, but it would also show the money owed and the whole history of payments made and all that.

I assume your husband just amended the filing status to "married filing jointly" and not the income (to include you)? If that's the case and the income did not change, it makes no difference to USCIS. It actually might be good news to you, because you might receive a refund ("joint" taxes have different tax brackets).

Do not worry about the filing status, worry about the amount of adjusted gross income, which will determine if your husband can sponsor you!

Hope that helped!

I was aware that USCIS uses taxes to see if my husband qualifies as a sponsor, but as you've said, we will be using the last three years as another proof of commingling of resources. But of course, you were both right. I don't intent on lying, I was just a little bit concerned about having to explain why the first two years were amended.

Thx again for the input.

[Bobby+Umit 161]

Like everybody, you confuse IRS with USCIS. The reason why USCIS asks for tax returns is for them to see if your husband qualifies as your sponsor. They look at line 37 (Adjusted Gross Income). Period. Nothing else.

They don't care if it is joint or single tax return.

The only time filing status matters to USCIS is if you choose to show the tax returns as a proof of your marriage at the interview or at the time when submitting documents for 10 year GC. Then obviously it should be filed "Joint" or "Married Filing Separately".

Whoever advised your husband to file "single" was thinking about you as a "non-resident spouse" which isn't true, because for tax purposes you are considered "a resident" (I assume you live with him).

The person in H&R block was wrong and you were right - the amendments do not show up in the TAX transcript. Just like the amount of taxes owed, paid or if anything was amended. ACCOUNT transcript would show the amendments made, but it would also show the money owed and the whole history of payments made and all that.

I assume your husband just amended the filing status to "married filing jointly" and not the income (to include you)? If that's the case and the income did not change, it makes no difference to USCIS. It actually might be good news to you, because you might receive a refund ("joint" taxes have different tax brackets).

Do not worry about the filing status, worry about the amount of adjusted gross income, which will determine if your husband can sponsor you!

Hope that helped!

Depends on the embassy and the CO checking the paperwork - I have seen a post here where the CO saw that their were tax liabilities on the sponsor, and they deducted that from the income level, making them go below the required amount. (liens if I remember right).

[Kittyfang 6]

Depends on the embassy and the CO checking the paperwork - I have seen a post here where the CO saw that their were tax liabilities on the sponsor, and they deducted that from the income level, making them go below the required amount. (liens if I remember right).

Well, we are getting a joint sponsor to help us meet the required limit, so I am not too worried about that part. I was simply worried about the amended first two years of our marriage. Would the IO see that as a fraud. But since we were married during that time and simply received bad tax advice, I am hoping they won't make an issue of it.

[Bobby+Umit 161]

Well, we are getting a joint sponsor to help us meet the required limit, so I am not too worried about that part. I was simply worried about the amended first two years of our marriage. Would the IO see that as a fraud. But since we were married during that time and simply received bad tax advice, I am hoping they won't make an issue of it.

No - they will not see it as fraud. They are only concerned that you filed them and you can show evidence of such.

As per their requirements (FAM)

(NOTE: You do not have the authority to request and/or require an individual to pay taxes or correctly report income to the Internal Revenue Service (IRS). You may advise applicants or sponsors that an original or amended tax return will be required in order to process an immigrant visa petition to conclusion, however.)

Source

[besaangel 18]

Well, we are getting a joint sponsor to help us meet the required limit, so I am not too worried about that part. I was simply worried about the amended first two years of our marriage. Would the IO see that as a fraud. But since we were married during that time and simply received bad tax advice, I am hoping they won't make an issue of it.

Hey hon, just dropping by to see how things were coming along... PM me if need to talk

[Nartaki 7]

I filed for single because my accountant told me that since I was not married in 2009 but married in 2010 I couldnt file for married jointly for 2009 taxes. Thus my 2010 tax return next year would be married jointly. However I did not submit my tax return as evidence of bonafide marriage because I filed single.

I know IOs look at the income tax returns more than just for meeting the poverty levels. They also look at addresses, source of income and of course whether u filed single or married.

[Kittyfang 6]

No - they will not see it as fraud. They are only concerned that you filed them and you can show evidence of such.

As per their requirements (FAM)

Source

Oh I see, thank you very much for your input. It makes sense really.

I filed for single because my accountant told me that since I was not married in 2009 but married in 2010 I couldnt file for married jointly for 2009 taxes. Thus my 2010 tax return next year would be married jointly. However I did not submit my tax return as evidence of bonafide marriage because I filed single.

I know IOs look at the income tax returns more than just for meeting the poverty levels. They also look at addresses, source of income and of course whether u filed single or married.

We are going to use them to prove relationship. Hopefully, they will not be bothered by the amendments. If it comes to that, I can explain. I'm sure we're not the first ones to make an error on our taxes.

[LT.Nora 7]

I filed for single because my accountant told me that since I was not married in 2009 but married in 2010 I couldnt file for married jointly for 2009 taxes. Thus my 2010 tax return next year would be married jointly. However I did not submit my tax return as evidence of bonafide marriage because I filed single.

I know IOs look at the income tax returns more than just for meeting the poverty levels. They also look at addresses, source of income and of course whether u filed single or married.

Even if you got married on April 14, 2010, you are considered married for the whole 2009. Unless your spouse lives in another country (non-resident) you had to file "Married".

[LT.Nora 7]

Oh I see, thank you very much for your input. It makes sense really.

We are going to use them to prove relationship. Hopefully, they will not be bothered by the amendments. If it comes to that, I can explain. I'm sure we're not the first ones to make an error on our taxes.

If they ask, explain it to them (if you want, have the ACCOUNT transcripts with you, but only if your husband has been paying IRS on time!). People make mistakes all the time and it's no biggy

Good luck!

[LT.Nora 7]

Depends on the embassy and the CO checking the paperwork - I have seen a post here where the CO saw that their were tax liabilities on the sponsor, and they deducted that from the income level, making them go below the required amount. (liens if I remember right).

At the Embassy, maybe. Embassy has different standards and they are more strict.

But for AOS process via USCIS, they don't do math or calculate stuff. There is no way for them to know if I have paid my taxes or I haven't or maybe I didn't pay my taxes for 5 years. There's no way for them to know. They just check adjusted gross income line for sponsoring purposes (well and number of dependents).

As I said before, if you use tax returns for proof of marriage, then yes, the address and the filing status matters (the income doesn't then).

If you use your taxes for sponsorship, it is only the income.

[Nartaki 7]

Even if you got married on April 14, 2010, you are considered married for the whole 2009. Unless your spouse lives in another country (non-resident) you had to file "Married".

My spouse doesnt have a SSN or a ITIN assigned yet. Even if I did file for "married" I cannot claim her as a dependent because a SSN is required.

[Kittyfang 6]

At the Embassy, maybe. Embassy has different standards and they are more strict.

But for AOS process via USCIS, they don't do math or calculate stuff. There is no way for them to know if I have paid my taxes or I haven't or maybe I didn't pay my taxes for 5 years. There's no way for them to know. They just check adjusted gross income line for sponsoring purposes (well and number of dependents).

As I said before, if you use tax returns for proof of marriage, then yes, the address and the filing status matters (the income doesn't then).

If you use your taxes for sponsorship, it is only the income.

OCPlastique, thank you very much. You are a well of information! We'll use them as proof and explain if it comes up. By the time the interview comes up, we'll have other things proving relationship (joint bank account, driver's license at the same address, phone bills, insurance, etc.)

My spouse doesnt have a SSN or a ITIN assigned yet. Even if I did file for "married" I cannot claim her as a dependent because a SSN is required.

I was told that you cannot claim a spouse as a dependent, ever. You can however, file as Married filing Separately. As for the ITIN, if you go to H&R Block, they can do the ITIN paperwork at the same time as your taxes (that's what we did).

Edited April 18, 2010 by Kittyfang