Income Tax Question

[sugbumama 0]

I filed for my removal of conditions in May 2008 and in Oct, I received a notice requesting additional information - primarily financial information like bank statements, leases, etc - as well as affidavits from at least 2 people who know us.

While assembling the paperwork, I just noticed that my husband has filed single the last two years. I've filed "married filing separate" for the last two years (I have my own business) and since he had a family friend who's done his taxes for 10 years now, I always assumed he had done the same, and hubby did say that he had filed "married filing separately".

Anyway, I need to get all the requirements by Dec 9, and DH has filed the amended tax return form to correct the filing status. I don't know when we can receive a response or confirmation from IRS, but if it's not before Dec 9, what can we do?

Thanks!

[payxibka 10,045]

I filed for my removal of conditions in May 2008 and in Oct, I received a notice requesting additional information - primarily financial information like bank statements, leases, etc - as well as affidavits from at least 2 people who know us.

While assembling the paperwork, I just noticed that my husband has filed single the last two years. I've filed "married filing separate" for the last two years (I have my own business) and since he had a family friend who's done his taxes for 10 years now, I always assumed he had done the same, and hubby did say that he had filed "married filing separately".

Anyway, I need to get all the requirements by Dec 9, and DH has filed the amended tax return form to correct the filing status. I don't know when we can receive a response or confirmation from IRS, but if it's not before Dec 9, what can we do?

Thanks!

send in the returns you filed... there is no absolute requirement for IRS confirmation

[sugbumama 0]

Is it necessary to send both mine and his tax returns? Or is his alright - his income is above the poverty guidelines. My business had a loss last year - definitely a loss this year, for that matter, too.

[payxibka 10,045]

Is it necessary to send both mine and his tax returns? Or is his alright - his income is above the poverty guidelines. My business had a loss last year - definitely a loss this year, for that matter, too.

not including yours might add more questions than answer..... filing separate returns may still prompt questions eventhough there are valid reasons for it...

Solely from a tax perspective, it would seem that you should be filing a joint return and allowing your business losses to reduce your hubby's taxable income and therefore the amount of taxes paid.... but that is a view from afar and without knowledge of your hubby's tax situation...

[sugbumama 0]

not including yours might add more questions than answer..... filing separate returns may still prompt questions eventhough there are valid reasons for it...

Solely from a tax perspective, it would seem that you should be filing a joint return and allowing your business losses to reduce your hubby's taxable income and therefore the amount of taxes paid.... but that is a view from afar and without knowledge of your hubby's tax situation...

For next year, we'll be filing together - I realized that later on when my business started going down - the recession doesn't help any.

Thank you for your help!

[payxibka 10,045]

not including yours might add more questions than answer..... filing separate returns may still prompt questions eventhough there are valid reasons for it...

Solely from a tax perspective, it would seem that you should be filing a joint return and allowing your business losses to reduce your hubby's taxable income and therefore the amount of taxes paid.... but that is a view from afar and without knowledge of your hubby's tax situation...

For next year, we'll be filing together - I realized that later on when my business started going down - the recession doesn't help any.

Thank you for your help!

You have three years to amend previously filed returns.... you may want to consider this and get any avauilable refunds

[Kathryn41 3,205]

Your tax documents aren't being submitted to verify any income levels or the affidavit of support - they are filed to show that you are co-mingling assets and declaring yourself as married for official sources. Your husband filing as single rather than married, filing separately is a red flag. If you include his papers also include the amendment request he made to IRS to change his filing status whether you have received the updated returns or not. These are documents to prove the validity of your marriage - and his documents raise questions about that validity. Be careful. You don't want USCIS to think your marriage is not valid due to his incorrect filing.

[sugbumama 0]

Your tax documents aren't being submitted to verify any income levels or the affidavit of support - they are filed to show that you are co-mingling assets and declaring yourself as married for official sources. Your husband filing as single rather than married, filing separately is a red flag. If you include his papers also include the amendment request he made to IRS to change his filing status whether you have received the updated returns or not. These are documents to prove the validity of your marriage - and his documents raise questions about that validity. Be careful. You don't want USCIS to think your marriage is not valid due to his incorrect filing.

He was going to file an amended tax return indicating the change from "single" to "married filing separately" (he said that the tax preparer was told about his married status but had still indicated single regardless the 2 years), but I'm thinking of just amending both our taxes as "married filing joint" - but regardless of whether he does it for just the change of status or for both of us to file joint, we won't get any confirmation from the IRS in time.

Should we just enclose the taxes he had filed AND the new amendment (copy) that we're submitting to change it?

Thanks!

[payxibka 10,045]

Your tax documents aren't being submitted to verify any income levels or the affidavit of support - they are filed to show that you are co-mingling assets and declaring yourself as married for official sources. Your husband filing as single rather than married, filing separately is a red flag. If you include his papers also include the amendment request he made to IRS to change his filing status whether you have received the updated returns or not. These are documents to prove the validity of your marriage - and his documents raise questions about that validity. Be careful. You don't want USCIS to think your marriage is not valid due to his incorrect filing.

He was going to file an amended tax return indicating the change from "single" to "married filing separately" (he said that the tax preparer was told about his married status but had still indicated single regardless the 2 years), but I'm thinking of just amending both our taxes as "married filing joint" - but regardless of whether he does it for just the change of status or for both of us to file joint, we won't get any confirmation from the IRS in time.

Should we just enclose the taxes he had filed AND the new amendment (copy) that we're submitting to change it?

Thanks!

You do not need transcripts... the filed tax returns (as amended) is all that is needed

[sugbumama 0]

You do not need transcripts... the filed tax returns (as amended) is all that is needed

Thanks. That helps. I'm too stressed out to think straight.

[ForeverAmen 0]

Your tax documents aren't being submitted to verify any income levels or the affidavit of support - they are filed to show that you are co-mingling assets and declaring yourself as married for official sources. Your husband filing as single rather than married, filing separately is a red flag. If you include his papers also include the amendment request he made to IRS to change his filing status whether you have received the updated returns or not. These are documents to prove the validity of your marriage - and his documents raise questions about that validity. Be careful. You don't want USCIS to think your marriage is not valid due to his incorrect filing.

He was going to file an amended tax return indicating the change from "single" to "married filing separately" (he said that the tax preparer was told about his married status but had still indicated single regardless the 2 years), but I'm thinking of just amending both our taxes as "married filing joint" - but regardless of whether he does it for just the change of status or for both of us to file joint, we won't get any confirmation from the IRS in time.

Should we just enclose the taxes he had filed AND the new amendment (copy) that we're submitting to change it?

Thanks!

You do not need transcripts... the filed tax returns (as amended) is all that is needed

Exactly!