Anyone get RFE for filing taxes incorrectly?

[B&Z 201]

Just sent my I-130 to USCIS last week, but thinking ahead to the NVC process. I will be completing an I-864EZ with tax transcripts. The problem is that I married 12/30/2011 and continued filing taxes as "Single" up until now, under the poor guidance of various H&R Block employees whom I told that I was married but that my spouse is not currently in and has never been in the US. I only just learned about this huge error while reading VJ posts last month. Has anyone gotten an RFE from NVC for filing single when they should have filed as married (MFS or MFJ)? Can I submit my incorrect transcripts or returns to NVC with a letter stating I am in the middle of amending my errors?

[Expat1 971]

Just sent my I-130 to USCIS last week, but thinking ahead to the NVC process. I will be completing an I-864EZ with tax transcripts. The problem is that I married 12/30/2011 and continued filing taxes as "Single" up until now, under the poor guidance of various H&R Block employees whom I told that I was married but that my spouse is not currently in and has never been in the US. I only just learned about this huge error while reading VJ posts last month. Has anyone gotten an RFE from NVC for filing single when they should have filed as married (MFS or MFJ)? Can I submit my incorrect transcripts or returns to NVC with a letter stating I am in the middle of amending my errors?

If it was me I would amend the last 3 years, mail them in, and send the paper copies over to NVC with the transcripts that were actually filed.

I think 3 years is all you can do for a 1040X.

If you filed online through H&R Block (or any other service) the 1040X is very easy because it is prepared from your saved records.

[MariaR323 199]

I agree with Expat1's response above... you don't necesarrily need to send the transcripts, I believe you can send a copy of the actual tax return along with copies of the W-2/1099 and/or any forms used in preparing the tax return. This way you can submit (correct) amended tax returns.

2011 tax return was due 4/15/12 = You can amend but refunds are only issued for 3 years back, so no additional refund monies

2012, 2013, 2014 = You can amend and if additional refund monies are due then a payment would be processed and issued to you

[B&Z 201]

If I file MFS this tax season (2015) and only send in the copy of the tax return and W-2's applicable to 2015, would that be sufficient evidence (as opposed to sending in copies of last three years tax returns)? (I make almost 6 figures and am only sponsoring my husband). The I-864EZ does say it's optional to send the extra years of returns, so I'm wondering in what cases it's needed or beneficial to include the last three. Do you foresee a problem or know of others who had issues with only sending the most recent tax return?

[NikLR 13,220]

No you wont get a checklist. The issues are a) youve filed incorrectly and b) the consulate could think you're hiding your marriage.