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lupa222

F-1 tax question

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I am an F-1 student and came here in 2008. All my education has been paid for by a U.S. source scholarship. I have filed tax returns for the years 2008, 2009 and 2010. Now that I am in graduate school, my new school won't issue me the forms I need to file a return. Is there any chance that they might ask for my tax returns during the AOS interview?? Or should I just not worry about it since it is the school's fault for not issuing the form?

Adjustment of Status from F-1

03/09/2012 - Married in AL
04/05/2012 - AOS - package sent (I-130, I-485, I-131, I-765) to Chicago Lockbox (Day 0)
04/06/2012 - AOS - package signed for, USPS delivery confirmation (Day 1)
04/11/2012 - USCIS acceptance confirmation via text and email for all 4 forms (Day 6)
04/12/2012 - Checks cashed (Day 7)
04/16/2012 - NOAs received in mail (Day 11)
04/19/2012 - Biometrics appointment received for 05/04/12 (Day 14)
04/23/2012 - Successful biometrics walk-in (Day 18)
05/21/2012 - Received notice for interview on 06/26/2012 (Day 46)]
06/05/2012 - Received emails/texts for EAD card production and approval of I-131 (AP) (Day 61)
06/13/2012 - Received EAD/AP combo card in mail (Day 69)
06/26/2012 - AOS Interview - approved on the spot. Also received emails/texts for card production (Day 82)

06/28/2012 - received update: Card Production ordered

07/22/2012 - Card Received in mail!!!

Removal of Conditions - I-751

04/23/2014 - Mailed ROC package

04/30/2014 - NOA received - Receipt Date: 04/28/2014

now waiting on Biometrics appointment

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Filed: Citizen (apr) Country: Canada
Timeline

Um, you are still required to file taxes. Why won't the school issue the form? Why can't you file tax return without it?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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My other school issued the form 1042S (basically like a W2 for scholarships) that outlined how much of the scholarship was excluded from tax (tuition, books, fees) and how much is taxable (and also included the withheld tax). Now, at this school, they don't issue said form and even say they've never heard of it?!

If the money I received for room & board is less than the personal exemption ($3,700), I don't have to file though, right? Just the 8843.

Adjustment of Status from F-1

03/09/2012 - Married in AL
04/05/2012 - AOS - package sent (I-130, I-485, I-131, I-765) to Chicago Lockbox (Day 0)
04/06/2012 - AOS - package signed for, USPS delivery confirmation (Day 1)
04/11/2012 - USCIS acceptance confirmation via text and email for all 4 forms (Day 6)
04/12/2012 - Checks cashed (Day 7)
04/16/2012 - NOAs received in mail (Day 11)
04/19/2012 - Biometrics appointment received for 05/04/12 (Day 14)
04/23/2012 - Successful biometrics walk-in (Day 18)
05/21/2012 - Received notice for interview on 06/26/2012 (Day 46)]
06/05/2012 - Received emails/texts for EAD card production and approval of I-131 (AP) (Day 61)
06/13/2012 - Received EAD/AP combo card in mail (Day 69)
06/26/2012 - AOS Interview - approved on the spot. Also received emails/texts for card production (Day 82)

06/28/2012 - received update: Card Production ordered

07/22/2012 - Card Received in mail!!!

Removal of Conditions - I-751

04/23/2014 - Mailed ROC package

04/30/2014 - NOA received - Receipt Date: 04/28/2014

now waiting on Biometrics appointment

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Filed: Citizen (apr) Country: Canada
Timeline

Being an immigrant, I'd file

Print out the form and take it to the DSO at your school or the registrar. Don't blame the school, filing taxes is your responsibility.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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As a foreign student you have to file taxes - even if you hadn't worked or earned any taxable income.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Several (school) websites I found state that if you earned less than the personal exemption, you don't have to file the 1040NR-EZ, just the 8843...

Adjustment of Status from F-1

03/09/2012 - Married in AL
04/05/2012 - AOS - package sent (I-130, I-485, I-131, I-765) to Chicago Lockbox (Day 0)
04/06/2012 - AOS - package signed for, USPS delivery confirmation (Day 1)
04/11/2012 - USCIS acceptance confirmation via text and email for all 4 forms (Day 6)
04/12/2012 - Checks cashed (Day 7)
04/16/2012 - NOAs received in mail (Day 11)
04/19/2012 - Biometrics appointment received for 05/04/12 (Day 14)
04/23/2012 - Successful biometrics walk-in (Day 18)
05/21/2012 - Received notice for interview on 06/26/2012 (Day 46)]
06/05/2012 - Received emails/texts for EAD card production and approval of I-131 (AP) (Day 61)
06/13/2012 - Received EAD/AP combo card in mail (Day 69)
06/26/2012 - AOS Interview - approved on the spot. Also received emails/texts for card production (Day 82)

06/28/2012 - received update: Card Production ordered

07/22/2012 - Card Received in mail!!!

Removal of Conditions - I-751

04/23/2014 - Mailed ROC package

04/30/2014 - NOA received - Receipt Date: 04/28/2014

now waiting on Biometrics appointment

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Filed: Timeline

Several (school) websites I found state that if you earned less than the personal exemption, you don't have to file the 1040NR-EZ, just the 8843...

Someone might correct me here, but I think this is more of an IRS problem than it is an immigration problem.

Meaning, I doubt you'll be denied AOS, but the IRS might be interested at some point.

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Someone might correct me here, but I think this is more of an IRS problem than it is an immigration problem.

Meaning, I doubt you'll be denied AOS, but the IRS might be interested at some point.

Yes, you are right. I have always paid taxes so far, but my scholarship (and school) has changed... and those few hundreds of dollars that I owed in the past years - don't know if the IRS would really audit my returns...

I was just wondering if anyone here was in a similar situation and if it ever came up during the AOS process? I am filing my taxes now (even though I'm barely over the personal exemption and I know for fact that the school doesn't provide any information to the IRS) just to be sure... (almost feels like running after a police officer wanting to pay a fine because I didn't stop properly at a stop sign two hours ago :huh: )

Thanks for your insights though!

Adjustment of Status from F-1

03/09/2012 - Married in AL
04/05/2012 - AOS - package sent (I-130, I-485, I-131, I-765) to Chicago Lockbox (Day 0)
04/06/2012 - AOS - package signed for, USPS delivery confirmation (Day 1)
04/11/2012 - USCIS acceptance confirmation via text and email for all 4 forms (Day 6)
04/12/2012 - Checks cashed (Day 7)
04/16/2012 - NOAs received in mail (Day 11)
04/19/2012 - Biometrics appointment received for 05/04/12 (Day 14)
04/23/2012 - Successful biometrics walk-in (Day 18)
05/21/2012 - Received notice for interview on 06/26/2012 (Day 46)]
06/05/2012 - Received emails/texts for EAD card production and approval of I-131 (AP) (Day 61)
06/13/2012 - Received EAD/AP combo card in mail (Day 69)
06/26/2012 - AOS Interview - approved on the spot. Also received emails/texts for card production (Day 82)

06/28/2012 - received update: Card Production ordered

07/22/2012 - Card Received in mail!!!

Removal of Conditions - I-751

04/23/2014 - Mailed ROC package

04/30/2014 - NOA received - Receipt Date: 04/28/2014

now waiting on Biometrics appointment

Link to comment
Share on other sites

Filed: Timeline

Yes, you are right. I have always paid taxes so far, but my scholarship (and school) has changed... and those few hundreds of dollars that I owed in the past years - don't know if the IRS would really audit my returns... I was just wondering if anyone here was in a similar situation and if it ever came up during the AOS process? I am filing my taxes now (even though I'm barely over the personal exemption and I know for fact that the school doesn't provide any information to the IRS) just to be sure... (almost feels like running after a police officer wanting to pay a fine because I didn't stop properly at a stop sign two hours ago :huh: )Thanks for your insights though!

Like I said, unless the IRS is actually after you, I doubt the USCIS will care too much. But if you're immigrating to the US, it's always a good idea to start off your new life on good terms with the IRS.

Also, I don't know if the USCIS and IRS actually speak the same language.

Someone correct me if I'm wrong.

Edited by jaejayC
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