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AOS and Taxes

By _me in Adjustment of Status from Work, Student, & Tourist Visas

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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
Posted

My husband has been filing taxes as single (was advised by H&R Block rep to do so), and has been doing so for 10 years as I don't have a ss#.

My question is should I have him change his W-4 from single to married even though the taxes and W-2 are going to show single?

Will this tax thing affect the AOS decision?

Anyone with similar experience?

Thank you for your advise!

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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ceadsearc Proficient

ceadsearc   515

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

He should not have been filing taxes as single if he was married. Ever. He should have filed as married filing separately or you should have gotten a tax ID and filed jointly. Unfortunately H&R block is not actually filled with accountants. Those returns need to be amended.

What matters is he files taxes as married. He can remain single on his W-2 and W-4s if he wants to be taxed at a higher rate.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted (edited)

So which taxes should he amend?

Would it be better to wait until Jan when he files and do it correctly,

then I can use the 2012 taxes?

Thank you so much!

Edited by _me

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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MlovesW Contributor

MlovesW   7

Posted
Filed: Country: Australia
 Timeline
Posted

If you two have been married for 10 years, he needs to amend all of them. He should have been filing married filing separate if not married jointly. That seems like a big problem..

~OUR STORY~

4/2012: Met online and began this cRaZY journey

9/2/2011: He proposed and I said YES!!After multiple trips back and forth.....

7/4/2012: He entered USA at LAX on B2 to visit 6 months

8/8/2012: We got married!!8/8/2012: AOS packet sent (Day 0)

8/10/2012: Packet signed for at 11:48a (Day 2)

8/14/2012: We got our txt/email notifications (all 4) (Day 6)

8/16/2012: Checks cashed.. (Day 8)

8/23/2012: Biometrics letter received via "snail mail" today.. September 7th at 12p in Sacramento CA (Day 15)

8/27/2012: Finally received all 4 NOA1 hard copies via US mail (Day 19)

9/7/2012: Biometrics completed!! (Day 30)

9/19/2012: Received txt message for interview!! October 22nd, 2012.. (Day 42)

9/21/2012: And the interview letter comes in snail mail.. October 22nd, 2pm in Sacramento..Time to get the final stuff together.. (Day 44)

10/16/3012: Received txt msg, EAD is approved and card being mailed. Right before interview and not really needed anyhow!! (Day 69)

10/19/2012: After a bunch of repetitive text messages, my husband received his combo card EAD/AP.. Of course four days before our interview!! (Day 72)

10/22/2012: Interview.. APPROVED!! (Day 75) Next journey ROC!!

10/29/2012: Green Card received in US mail... (Day 82) WOO HOO!!

~ROC BEGINS!!~

08/25/2014: Lifting Conditions Packet Mailed to CA service center (Day 0)

08/27/2014: NOA1 Receipt (Day 2)

09/05/2014: Biometrics letter received via "snail mail" Set for September 15th at 10a in Sacramento CA (Day 11)

09/15/2014: Biometric completed... now we wait!! (Day 21)

11/21/2014: Card/Document Production email received!! (Day 88)

12/01/2014: Card arrives in our mailbox.. this chapter is over... (Day 98) Next is citizenship!!

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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

If you two have been married for 10 years, he needs to amend all of them. He should have been filing married filing separate if not married jointly. That seems like a big problem..

Big problem with IRS or USCIS?

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Big problem with IRS or USCIS?

Both.

IRS. H filed incorrectly and probably underplayed his taxes. He needs to amend his tax returns for all the years he was married and pay any back taxes and penalties.

USCIS. On hi tax returns, he claimed with the US government that he was single. Hard to prove that you have a real marriage when he has separate tax return for all those years he claime he was single on official documents.

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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Both.

IRS. H filed incorrectly and probably underplayed his taxes. He needs to amend his tax returns for all the years he was married and pay any back taxes and penalties.

USCIS. On hi tax returns, he claimed with the US government that he was single. Hard to prove that you have a real marriage when he has separate tax return for all those years he claime he was single on official documents.

Okay....I understand you can only amend 3 years worth of taxes though...

Do I need to consult a tax attorney???

Thanks!

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

Okay....I understand you can only amend 3 years worth of taxes though...

Do I need to consult a tax attorney???

Thanks!

If I were you, I'd amend the most recent 3. That's what USCIS looks at. And it probably won't end up costing much more money.

Edited by DandT14

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

If I were you, I'd amend the most recent 3. That's what USCIS looks at. And it probably won't end up costing much more money.

That's what I was thinking...

Thank you! :)

QUESTION; Do I need to obtain a tax ID before amending? or does he just amend by

changing his status from Single to Married?

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

That's what I was thinking...

Thank you! :)

QUESTION; Do I need to obtain a tax ID before amending? or does he just amend by

changing his status from Single to Married?

You need a Tax ID if you're married filing jointly. If you file married and separate, I don't think you need it.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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ceadsearc Proficient

ceadsearc   515

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

You need a Tax ID if you're married filing jointly. If you file married and separate, I don't think you need it.

You don't for married filing separate.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

You don't for married filing separate.

okay so he should amend as 'married but filing separately' right?

Thank you again for your assistance in this matter;)

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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MlovesW Contributor

MlovesW   7

Posted
Filed: Country: Australia
 Timeline
Posted

okay so he should amend as 'married but filing separately' right?

Thank you again for your assistance in this matter;)

I would talk to a tax professional (not HR Block). Usually married filing seperate is worse than single. I would say married filin jointly is better..

~OUR STORY~

4/2012: Met online and began this cRaZY journey

9/2/2011: He proposed and I said YES!!After multiple trips back and forth.....

7/4/2012: He entered USA at LAX on B2 to visit 6 months

8/8/2012: We got married!!8/8/2012: AOS packet sent (Day 0)

8/10/2012: Packet signed for at 11:48a (Day 2)

8/14/2012: We got our txt/email notifications (all 4) (Day 6)

8/16/2012: Checks cashed.. (Day 8)

8/23/2012: Biometrics letter received via "snail mail" today.. September 7th at 12p in Sacramento CA (Day 15)

8/27/2012: Finally received all 4 NOA1 hard copies via US mail (Day 19)

9/7/2012: Biometrics completed!! (Day 30)

9/19/2012: Received txt message for interview!! October 22nd, 2012.. (Day 42)

9/21/2012: And the interview letter comes in snail mail.. October 22nd, 2pm in Sacramento..Time to get the final stuff together.. (Day 44)

10/16/3012: Received txt msg, EAD is approved and card being mailed. Right before interview and not really needed anyhow!! (Day 69)

10/19/2012: After a bunch of repetitive text messages, my husband received his combo card EAD/AP.. Of course four days before our interview!! (Day 72)

10/22/2012: Interview.. APPROVED!! (Day 75) Next journey ROC!!

10/29/2012: Green Card received in US mail... (Day 82) WOO HOO!!

~ROC BEGINS!!~

08/25/2014: Lifting Conditions Packet Mailed to CA service center (Day 0)

08/27/2014: NOA1 Receipt (Day 2)

09/05/2014: Biometrics letter received via "snail mail" Set for September 15th at 10a in Sacramento CA (Day 11)

09/15/2014: Biometric completed... now we wait!! (Day 21)

11/21/2014: Card/Document Production email received!! (Day 88)

12/01/2014: Card arrives in our mailbox.. this chapter is over... (Day 98) Next is citizenship!!

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AF-Wife Enthusiast

AF-Wife   181

Posted
Filed: Timeline
Posted (edited)

I would talk to a tax professional (not HR Block). Usually married filing seperate is worse than single. I would say married filin jointly is better..

False. Why would it be worse when you file married but seperate? That makes no sense .... They are just telling the truth. If there's no reason to file jointly then song do it .... But filing as single is a BIG FAT LIE when you're married. And he can get a penalty for that.

Edited by AF-Wife
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_me Explorer

_me   4

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

I would talk to a tax professional (not HR Block). Usually married filing separate is worse than single. I would say married filin jointly is better..

Okay I will make sure that I talk to a professional... In this journey I have learned that doing your research first and then going to a professional is much better. Professionals just tell you just about anything these days.

False. Why would it be worse when you file married but separate? That makes no sense .... They are just telling the truth. If there's no reason to file jointly then song do it .... But filing as single is a BIG FAT LIE when you're married. And he can get a penalty for that.

So then should I attempt to get a tax ID? Will I be able to get one since I have been here this long? I have not worked at all since I have been here, so filing separately would that raise a red flag because he has been supporting me all these years.

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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