Taxes for IR1 -- what to do?

[Springrain22 427]

Hi everyone, 

 

So I am USC filed for my wife (IR-1 visa). So far we have our case pending at NVC for 5 weeks already. I've submitted all forms, paid all fees and mailed all evidence (financial and civil documents). With my I-864 Affidavit of Support form, I included emploeyer letter and tax transcript for most recent year (2016). When I filed my 2016 taxes in March, my accountant submitted everything electronically through software and he could not put NRA when filing as married, so I filed as single. I will amend my taxes when my wife is here, however, on my tax transcript it says "single". I have read a lot of topics here on VJ and online, and some people said it should not be a problem for NVC and CO. Again, everything is already submitted. Can you tell me what to do now:

 

1) Leave everything as it is and explain to CO that accountant filed electronically with no ability to put NRA and that we will amend taxes (I have this right for 2-3 years since done with taxes)
2) Amend taxes now, wait for it to appear in IRS system, order new transcript and bring to the interview (we are expecting to have it in August, so I have about 2 months for all this)
2) Amend taxes now (takes at least a month) and submit to NVC (it will reset our counter back to 11 weeks)

 

Last option is sucks so I need to avoid it. Do not tell me "fire your accountant", I know it. As far as I know, the only way to put NRA when filing as married is to file taxes by mail. He's not using TurboTax or something, he filed everything online.

 

Can someone tell me from their experience, how critical is it to have Single status in tax transcript? I think CO will look at everything else (evidence, marriage certificate, photos, trips together, etc) than this tax document. I make $100K a year so it should be enough for approval.

 

Appreciate all great answers, thanks.

[Springrain22 427]

Hi everyone, 

 

So I am USC filed for my wife (IR-1 visa). So far we have our case pending at NVC for 5 weeks already. I've submitted all forms, paid all fees and mailed all evidence (financial and civil documents). With my I-864 Affidavit of Support form, I included emploeyer letter and tax transcript for most recent year (2016). When I filed my 2016 taxes in March, my accountant submitted everything electronically through software and he could not put NRA when filing as married, so I filed as single. I will amend my taxes when my wife is here, however, on my tax transcript it says "single". I have read a lot of topics here on VJ and online, and some people said it should not be a problem for NVC and CO. Again, everything is already submitted. Can you tell me what to do now:

 

1) Leave everything as it is and explain to CO that accountant filed electronically with no ability to put NRA and that we will amend taxes (I have this right for 2-3 years since done with taxes)
2) Amend taxes now, wait for it to appear in IRS system, order new transcript and bring to the interview (we are expecting to have it in August, so I have about 2 months for all this)
2) Amend taxes now (takes at least a month) and submit to NVC (it will reset our counter back to 11 weeks)

 

Last option is sucks so I need to avoid it. Do not tell me "fire your accountant", I know it. As far as I know, the only way to put NRA when filing as married is to file taxes by mail. He's not using TurboTax or something, he filed everything online.

 

Can someone tell me from their experience, how critical is it to have Single status in tax transcript? I think CO will look at everything else (evidence, marriage certificate, photos, trips together, etc) than this tax document. I make $100K a year so it should be enough for approval.

 

Appreciate all great answers, thanks.

[pghknr 14]

5 hours ago, Springrain22 said:

Hi everyone, 

 

So I am USC filed for my wife (IR-1 visa). So far we have our case pending at NVC for 5 weeks already. I've submitted all forms, paid all fees and mailed all evidence (financial and civil documents). With my I-864 Affidavit of Support form, I included emploeyer letter and tax transcript for most recent year (2016). When I filed my 2016 taxes in March, my accountant submitted everything electronically through software and he could not put NRA when filing as married, so I filed as single. I will amend my taxes when my wife is here, however, on my tax transcript it says "single". I have read a lot of topics here on VJ and online, and some people said it should not be a problem for NVC and CO. Again, everything is already submitted. Can you tell me what to do now:

 

1) Leave everything as it is and explain to CO that accountant filed electronically with no ability to put NRA and that we will amend taxes (I have this right for 2-3 years since done with taxes)
2) Amend taxes now, wait for it to appear in IRS system, order new transcript and bring to the interview (we are expecting to have it in August, so I have about 2 months for all this)
2) Amend taxes now (takes at least a month) and submit to NVC (it will reset our counter back to 11 weeks)

 

Last option is sucks so I need to avoid it. Do not tell me "fire your accountant", I know it. As far as I know, the only way to put NRA when filing as married is to file taxes by mail. He's not using TurboTax or something, he filed everything online.

 

Can someone tell me from their experience, how critical is it to have Single status in tax transcript? I think CO will look at everything else (evidence, marriage certificate, photos, trips together, etc) than this tax document. I make $100K a year so it should be enough for approval.

 

Appreciate all great answers, thanks.

You Submitted only 1 year Tax Return ( 2016)?

[Springrain22 427]

Just now, pghknr said:

You Submitted only 1 year Tax Return ( 2016)?

Yes. First of all, they said it's enough. Also, I did not make enough in 2015 and 2014 so did not send it. In 2016 I made a lot so it's OK.

[pghknr 14]

1 minute ago, Springrain22 said:

Yes. First of all, they said it's enough. Also, I did not make enough in 2015 and 2014 so did not send it. In 2016 I made a lot so it's OK.

Even If you do not make Enough also Its better to Submit those years. But  it's Optional Not Require.

How Many Months Paystubs you Submitted with current Employer

[Springrain22 427]

Just now, pghknr said:

Even If you do not make Enough also Its better to Submit those years. But  it's Optional Not Require.

How Many Months Paystubs you Submitted with current Employer

I called NVC they said they need my tax transcript and employer letter. I asked if I should include W-2 they said ONLY if I am sending copy tax return (not transcript).

[millefleur 5,035]

So you filed as 'single' when in reality you were married and should've filed as 'married filing jointly'?

[Springrain22 427]

1 minute ago, millefleur said:

So you filed as 'single' when in reality you were married and should've filed as 'married filing jointly'?

My wife is not in USA and has no ITIN or SSN. It's not possible to file as married without this data when filing electronically, this is what my accountant did.

2 minutes ago, millefleur said:

So you filed as 'single' when in reality you were married and should've filed as 'married filing jointly'?

I should have filed as "married filling separately", she is not here and she is not working.

[millefleur 5,035]

2 minutes ago, Springrain22 said:

My wife is not in USA and has no ITIN or SSN. It's not possible to file as married without this data when filing electronically, this is what my accountant did.

Oh, ok, that's what I was thinking. So it shouldn't be a big deal. So then what was the accountant's mistake then?

Edited June 8, 2017 by millefleur

[pghknr 14]

2 minutes ago, Springrain22 said:

My wife is not in USA and has no ITIN or SSN. It's not possible to file as married without this data when filing electronically, this is what my accountant did.

I should have filed as "married filling separately", she is not here and she is not working.

2

Springrain , You have to file Single.Not  "married filling separately"

[millefleur 5,035]

Yeah, I don't even think this is a big deal. Do they really expect people who's spouses live overseas and don't even have tax numbers to file as 'married but separate'?

 

I think the word 'single' here means 'single household' not 'single' as in you aren't married.

[Jojo92122 1,924]

7 minutes ago, millefleur said:

Yeah, I don't even think this is a big deal. Do they really expect people who's spouses live overseas and don't even have tax numbers to file as 'married but separate'?

 

I think the word 'single' here means 'single household' not 'single' as in you aren't married.

Yes, they really expect married people to file separately and not single.

 

It's marital status.  It's not a single household.

[MariaR323 199]

I don't think anyone can really say how "critical" your tax documents are. It's really all based on an individual, case-by-case and it's really up to the IO that reviews your case.

 

With that being said, it's well known that the tax documents are indeed given a high priority as far as supporting proof/evidence. If I were you, I would definitely amend the tax return and get that filed correctly in time for the interview. You don't necessarily need the transcript after you file the amendment, just take a full copy of the amendment and proof that it was sent (certified mail is usually recommended for mailing tax returns.)

[pushbrk 12,114]

1 hour ago, pghknr said:

Even If you do not make Enough also Its better to Submit those years. But  it's Optional Not Require.

How Many Months Paystubs you Submitted with current Employer

It is not BETTER to submit additional tax returns that do not help a Consular Officer make a positive decision.  What is better or best is usually circumstantial.  In this case it is not BETTER to submit additional tax returns.

[pghknr 14]

2 hours ago, pushbrk said:

It is not BETTER to submit additional tax returns that do not help a Consular Officer make a positive decision.  What is better or best is usually circumstantial.  In this case it is not BETTER to submit additional tax returns.

Pushbrk, Since he has less Income in 2014 & 2015 - It won't help him right ( If CO Asks at Consulate?)

He already submitted  2016 Tax returns He should be fine.

Edited June 9, 2017 by pghknr