AOS interview and beneficiary's taxes

[rrobin 2]

Hi everyone,

I am the beneficiary and our AOS interview is coming up soon.

I was a non-resident alien from 2003 to 2007 and should have filed 1040NR but I had been mistakenly filing 1040 for all those years. I recently (last month) realized my mistake and amended returns for all those years. Since I had originally underpaid my taxes due to incorrect use of forms, I paid the difference with the recently submitted amended returns for all those years. Now I am waiting for IRS to process my amended returns and send me a bill of interest and penalties.

We got married in 2008 and my wife is the sole sponsor on the submitted I-864. In the original submission of AOS packet, we included last three years (i.e., 2005, 2006, 2007) of wife's tax returns (which were filed correctly) but I, for some unknown reason, volunteerly included my 2007 tax return which I have now amended.

Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.

Edited April 9, 2009 by rrobin

[payxibka 10,048]

Hi everyone,

I am the beneficiary and our AOS interview is coming up soon.

I was a non-resident alien from 2003 to 2007 and should have filed 1040NR but I had been mistakenly filing 1040 for all those years. I recently (last month) realized my mistake and amended returns for all those years. Since I had originally underpaid my taxes due to incorrect use of forms, I paid the difference with the recently submitted amended returns for all those years. Now I am waiting for IRS to process my amended returns and send me a bill of interest and penalties.

We got married in 2008 and my wife is the sole sponsor on the submitted I-864. In the original submission of AOS packet, we included last three years (i.e., 2005, 2006, 2007) of wife's tax returns (which were filed correctly) but I, for some unknown reason, volunteerly included my 2007 tax return which I have now amended.

Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.

why should you have filed the 1040NR... After 173 days of physical presence you are considered a resident alien for tax purposes....

immigration status and tax status are not always the same

Edited April 9, 2009 by payxibka

[rrobin 2]

Hi everyone,

I am the beneficiary and our AOS interview is coming up soon.

I was a non-resident alien from 2003 to 2007 and should have filed 1040NR but I had been mistakenly filing 1040 for all those years. I recently (last month) realized my mistake and amended returns for all those years. Since I had originally underpaid my taxes due to incorrect use of forms, I paid the difference with the recently submitted amended returns for all those years. Now I am waiting for IRS to process my amended returns and send me a bill of interest and penalties.

We got married in 2008 and my wife is the sole sponsor on the submitted I-864. In the original submission of AOS packet, we included last three years (i.e., 2005, 2006, 2007) of wife's tax returns (which were filed correctly) but I, for some unknown reason, volunteerly included my 2007 tax return which I have now amended.

Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.

why should you have filed the 1040NR... After 173 days of physical presence you are considered a resident alien for tax purposes....

I was on F-1 for those five years. For F-1, there is 5 year presence requirement before you can switch to 1040.

[payxibka 10,048]

Hi everyone,

I am the beneficiary and our AOS interview is coming up soon.

I was a non-resident alien from 2003 to 2007 and should have filed 1040NR but I had been mistakenly filing 1040 for all those years. I recently (last month) realized my mistake and amended returns for all those years. Since I had originally underpaid my taxes due to incorrect use of forms, I paid the difference with the recently submitted amended returns for all those years. Now I am waiting for IRS to process my amended returns and send me a bill of interest and penalties.

We got married in 2008 and my wife is the sole sponsor on the submitted I-864. In the original submission of AOS packet, we included last three years (i.e., 2005, 2006, 2007) of wife's tax returns (which were filed correctly) but I, for some unknown reason, volunteerly included my 2007 tax return which I have now amended.

Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.

why should you have filed the 1040NR... After 173 days of physical presence you are considered a resident alien for tax purposes....

I was on F-1 for those five years. For F-1, there is 5 year presence requirement before you can switch to 1040.

News to me... I'd like to see an IRS reference for that one....

[Bobby+Umit 161]

Hi everyone,

<snip>

Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.

Usually, they will not, if your current tax receipts show you meet the level.

Even so, you corrected the mistake, it will not affect your I-864.

[JERIII 8]

Hi everyone,

I am the beneficiary and our AOS interview is coming up soon.

I was a non-resident alien from 2003 to 2007 and should have filed 1040NR but I had been mistakenly filing 1040 for all those years. I recently (last month) realized my mistake and amended returns for all those years. Since I had originally underpaid my taxes due to incorrect use of forms, I paid the difference with the recently submitted amended returns for all those years. Now I am waiting for IRS to process my amended returns and send me a bill of interest and penalties.

We got married in 2008 and my wife is the sole sponsor on the submitted I-864. In the original submission of AOS packet, we included last three years (i.e., 2005, 2006, 2007) of wife's tax returns (which were filed correctly) but I, for some unknown reason, volunteerly included my 2007 tax return which I have now amended.

Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.

why should you have filed the 1040NR... After 173 days of physical presence you are considered a resident alien for tax purposes....

I was on F-1 for those five years. For F-1, there is 5 year presence requirement before you can switch to 1040.

News to me... I'd like to see an IRS reference for that one....

IRS Publication 519 (US Tax Guide for Aliens) in discussing counting days for the substantial presence test, says the following:

Exempt individual. Do not count days for which you are an exempt individual. The term “exempt individual” does not refer to someone exempt from U.S. tax, but to anyone in the following categories.

* An individual temporarily present in the United States as a foreign government-related individual.

* A teacher or trainee temporarily present in the United States under a “J” or “Q” visa, who substantially complies with the requirements of the visa.

* A student temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa, who substantially complies with the requirements of the visa.

* A professional athlete temporarily in the United States to compete in a charitable sports event.

It also says:

Students. A student is any individual who is temporarily in the United States on an “F,” “J,” “M,” or “Q” visa and who substantially complies with the requirements of that visa. You are considered to have substantially complied with the visa requirements if you have not engaged in activities that are prohibited by U.S. immigration laws and could result in the loss of your visa status.

Also included are immediate family members of exempt students. See the definition of immediate family, earlier, under Foreign government-related individuals.

You will not be an exempt individual as a student if you have been exempt as a teacher, trainee, or student for any part of more than 5 calendar years unless you establish that you do not intend to reside permanently in the United States and you have substantially complied with the requirements of your visa.

The facts and circumstances to be considered in determining if you have demonstrated an intent to reside permanently in the United States include, but are not limited to, the following.

* Whether you have maintained a closer connection to a foreign country (discussed later).

* Whether you have taken affirmative steps to change your status from nonimmigrant to lawful permanent resident as discussed later under Closer Connection to a Foreign Country.