Late filing of tax returns

[alexis2 0]

I'm currently on an H1B visa and as I'm also married to an American citizen, I filled for adjustment of status about 3 months ago. I recently got a request for evidence asking for my most recent federal tax returns (I am employed and my husband currently is not, so we used my income for the I 864). This request for evidence relating to my federal tax returns made me realize that I had to file tax returns for 2007 by April 15th this year. I had overlooked filing the tax returns because:

1) The institution where I work (university) gave me the option to take advantage of a US/UK tax treaty which allows me to be exempt from federal tax for 2 years with the understanding that if I remain in the US after 2 years I have to pay back the taxes; thus, because I don't currently owe anything I didn't think I would have to file for tax returns.

2) in the UK, if you work in a regular job (not self-employed) you don't have to file for tax returns so I guess I'm not used to the process.

Anyway, I've only just now realized that I have to file for these returns even if I owe nothing currently.

My first question is this: provided I now file the tax returns, will my adjustment of status carry on as before; in other words, will I get penalized for a late tax return.

My second question is: if I found I did owe some tax now, would this affect my adjustment of status; in other words, if I found I owed something but quickly paid it, would the adjustment of status application be unaffected?

Advice on any aspects of the above would be much appreciated.

Thanks in advance.

[payxibka 10,044]

1) No penalty for late filing if no tax is owed

2) No effect on AOS for late filing of a tax return... you will pay a penalty to the IRS if it is found you owe taxes. How you settle that debt with the IRS will not affect your AOS

[Eric-Pris 1,602]

CIS doesn't care if you owe taxes, they require the tax returns to prove income. It won't affect your AOS as long as you satisfy the income level requirements.

Yes, if you owe taxes, the IRS will hit you will a late fee and also interest on the money you owe.

Edited August 27, 2008 by kid brooklyn

[alexis2 0]

1) No penalty for late filing if no tax is owed

2) No effect on AOS for late filing of a tax return... you will pay a penalty to the IRS if it is found you owe taxes. How you settle that debt with the IRS will not affect your AOS

Thanks for sharing - I've been really worried about this because I read on some immigration/ tax sites that you should be careful to file for your tax returns if you ever want to change status..so hopefully if I now file, I won't be penalized for the late filing by the USCIS.

CIS doesn't care if you owe taxes, they require the tax returns to prove income. It won't affect your AOS as long as you satisfy the income level requirements.

Yes, if you owe taxes, the IRS will hit you will a late fee and also interest on the money you owe.

Thanks for the info.