I-751 and address on tax return transcript

[mtech 0]

I'm about to file I-751 jointly with my wife (she sponsors me). One of the evidence of bona fide marriage I was going to send is our 2012 tax return transcripts. We file our taxes as 'Married filing separately'. Upon receiving the transcripts from the IRS I noticed that my wife's return had a different address than mine. The accountant who prepares her taxes used an old address on file and not our current residence. We've never lived together in that old address.

Now I am concerned that the address mismatch would be basis for arguing that we do not live together. I'm considering two options:

1) do not send the transcripts as evidence and depend solely on the rest of the evidence I gathered. In this scenario the lack of tax transcripts as evidence would not really matter.

2) send the transcripts anyway. In this scenario the address mismatch is considered irrelevant and won't cause any problems.

I'm at a loss about which way to go. Any advice would be greatly appreciated.

FYI, the rest of the evidence consists of:

- jont check account statements

- a letter from the bank saying we've kept our joint account in good standing since 2010

- an affidavit from a common friend and another one from 2 family members

- A letter from the health insurance company declaring we have joint insurance since October/2010

- Lease agreement we both signed for our residence since October/2011

- Christmas cards addressed to both of us

- various pictures with family, friends and just the two of us.

Thanks.

[hellomms 16]

What about your tax returns/transcripts from 2010 and 2011? I dont see those in your list, they are more important than 2012 given they two year history. If you are sending 2010 and 2011 tax transcripts/returns, you really dont need to send 2012. My take on 2012 returns is that unless you are filing after April 15 2012 (Tax filing deadline), you have a very valid case of not sending 2012.

Also, on your other evidences, did you take any trips together in the past 2 years? If so, I would add copy of itinerary showing both your names. Any common cards suchs as Costco, Sams Club, etc could also help. Utility bills showing both your names also helpful.

Edited January 30, 2013 by M + M

[Villanelle 4,122]

USCIS is a stickler for tax returns. They expect to get tax returns for the entire time youre married.

I agree with the post above. 2012 returns are not due until April 2013, so if youre filing right now (jan 2013), you might not have filed your 2012 taxes yet, hence no 2012 tax return included. But they will expect to see your 2010 and 2011 taxes and will expect to see the same addresses listed on them, even if you guys filed separately.

[mtech 0]

What about your tax returns/transcripts from 2010 and 2011?

We got married in June/2010 - I did not have to file taxes on that year (which would have been from 2009 income before I moved to the US.

2011 - Also no income because I did not work in the US in 2010

My wife did file her taxes for those 2 years as single.

2012 is all we have.

Also, on your other evidences, did you take any trips together in the past 2 years? If so, I would add copy of itinerary showing both your names. Any common cards suchs as Costco, Sams Club, etc could also help. Utility bills showing both your names also helpful.

I might have an itinerary for a trip to California, I'll have to look for it. I was never able to get the utility companies to use both our names on bills, they only accept one person so they are all in my name only.

Thanks for your reply.

[mtech 0]

USCIS is a stickler for tax returns. They expect to get tax returns for the entire time youre married.

I agree with the post above. 2012 returns are not due until April 2013, so if youre filing right now (jan 2013), you might not have filed your 2012 taxes yet, hence no 2012 tax return included. But they will expect to see your 2010 and 2011 taxes and will expect to see the same addresses listed on them, even if you guys filed separately.

I mention the previous years in the reply above. And I'm mostly concerned with the address.

Since the tax returns are not necessarily mandatory when filing for I-751 I was thinking about not sending them and maybe avoid an issue with the address mismatch.

Thank you for the reply.

Edited January 30, 2013 by mtech

[mtech 0]

What about your tax returns/transcripts from 2010 and 2011?

I agree with the post above. 2012 returns are not due until April 2013, so if youre filing right now (jan 2013), you might not have filed your 2012 taxes yet, hence no 2012 tax return included. But they will expect to see your 2010 and 2011 taxes and will expect to see the same addresses listed on them, even if you guys filed separately.

I'm sorry. There's been confusion on my part regarding year taxes were filed versus taxed year. So here's the correct info:

- 2010: I did not live in the US yet. We got married in June… no need to file taxes as married in 2010.

- 2011: We filed as married

- 2012: I won't have time to file this one before filing I-751.

Sorry for the mistake.

[immibie 23]

Can you get a letter from accountant to acknowledge that mistake, and attach that letter with the application? There's always this "what if" - what if USCIS doesn't pay that close attention to , what if they do, then you have explanation letter.

[Villanelle 4,122]

Ok lets slow down a bit

Im really confused about what happened in 2010. You got married in 2010, yet you say your wife filed her tax return for 2010 as 'single' not married filing separately? (this could be a problem) If she got married in 2010 her tax return for 2010 should have been filed as married jointly or married sep- not single.

For 2011 you say you have a return showing married filing jointly with the correct address- so no problems there.

For 2012, you have a married- filing separately return with the correct address. Your wife has a married-sep return with the incorrect address. First, your wife needs to contact IRS and correct her address. She can fill out a change of address form (http://www.irs.gov/taxtopics/tc157.html) She needs to do this because if theres an issue with her return and they send her anything, its going to go to the wrong place and she'll never know.

Getting back to your ROC, as I said before since 2012 taxes are not due yet, you dont need to include 2012 taxes with your ROC, so dont include them---> they dont see she used the wrong address--->it doesnt come up why she has the incorrect address. IF for some reason they do RFE you for 2012 taxes (your ROC takes a while to get reviewed, and by that time 2012 taxes are due, or you get called in to an interview and by that time 2012 taxes are due and they request to see them, you will have to present them. You will present the 2012 return your wife filed with the incorrect address, along with her statement that she incorrectly filed it (she used a previous tax preparer that had an old address on file, it was her error to not double check the form) She will show a copy of the form I linked above showing she corrected the address with IRS. (you may want to have her file the address correction with IRS in person (IRS walk in center), perhaps they can stamp it or give her some other proof of the address change right then and there)

However Im still a little concerned about the 2010 tax situation. They put a lot of weight on taxes. Its pretty much a statement you make to the federal government under penalty of law about your finances, your marital status, your address, etc. When evaluating ROC, they look at things like co-mingling finances, proof of shared residence, proof of a relationship and indications that your statements of 'I entered this in good faith and our relationship is legitimate' is truthful. Lying to another federal agency (ie the IRS) indicates you are not a truthful person. (not at all saying this applies to you or you wife at all!) But just that this is why they love love love tax returns and they are the number one RFEd item. They cover so many categories with ROC so they want to see them. If you dont send them, they will ask. When you do send them, theyre going to look. If somethings off on them, its going to come up.

So your 2011 is fine, your 2012 right now isnt needed and if it is, you can explain it sufficiently by following the steps above. But is your 2010 okay?

[markiweiss49 4]

with me, my wife came into the states on november 27th, 2010. we got marry on december 18th, 2010. my wife wasn't working not until the year 2011. becaused of us getting marry in december, 2010, of course we did not file a joint tax return. i change my status from being single to marry. becaused of being marry in december, 2010, i don't have to send a copy of tax return for 2010. am i right or wrong?

[hellomms 16]

with me, my wife came into the states on november 27th, 2010. we got marry on december 18th, 2010. my wife wasn't working not until the year 2011. becaused of us getting marry in december, 2010, of course we did not file a joint tax return. i change my status from being single to marry. becaused of being marry in december, 2010, i don't have to send a copy of tax return for 2010. am i right or wrong?

I think you should still send it since you filed it as 'married'

[mtech 0]

Im really confused about what happened in 2010. You got married in 2010, yet you say your wife filed her tax return for 2010 as 'single' not married filing separately? (this could be a problem) If she got married in 2010 her tax return for 2010 should have been filed as married jointly or married sep- not single.

Thank you so much for the comprehensive response BTW.

To clarify the dates a little bit, we got married in 2010 and by the time my green card was issued and I got a SSN it was February/2011, meaning she could not have included me in her 2010 taxes because I did not even have a SSN when she filed taxes for 2010. So 2010 won't be a problem.

For 2011 you say you have a return showing married filing jointly with the correct address- so no problems there.

Actually, the 2011 return is the one she filed with the wrong address. And that's the transcript I have in my hands to submit right now. As you pointed out they'll have to RFE me later if they want the 2012 one and we'll make sure it's the correct address and everything. (we are filing jointly for 2012).

First, your wife needs to contact IRS and correct her address. She can fill out a change of address form (link) She needs to do this because if theres an issue with her return and they send her anything, its going to go to the wrong place and she'll never know.

We have updated the address with the IRS but the problem is the transcript always shows the original address with which the return was filed. I think you had a very good idea though about walking in the local IRS office to get a proof of address change. We'll try that.

If in the end all we have is the the transcripts with diverging addresses I will not send them because as is they are not evidence of shared residence. I'll wait for them to RFE me when then I'll be able to send both the 2011 and 2012 (this last one filed jointly with correct address). I'll very likely be called for an interview in which case I'll have the chance to explain what happened with the 2011 address and hope for the best.

[Villanelle 4,122]

I think for your situation youre probably best to do that. Leave the tax returns out totally and if/when youre RFEd, you can submit 10,11,&12 along with proof of the address correction. Together in a group they are stronger then sending in them separate.

For your initial evidence make sure you send all bank statements, not just a few and a letter saying your accounts been in good standing since x date.

you also mention a current lease (since oct 2011) but youve been married since june 2010- no proof of shared residence/lease before oct 2011?

-copies of DLs are important- they compare the signatures (esp of the spouse to the sig on the 751)

[bewildering 9]

Yes, you have awkward timing for the evidence. I am guessing your 751 needs to be send very soon - you said february 2011, so that would make it this month.

If you use turbo tax it will take very little time to submit the 2012 tax. You can then print out the completed 2012 form. This can be done in a night although it obviously depends on your finiancial affairs. If you use an accountant maybe your taxes are difficult? Otherwise just log on to Turbotax.

[mtech 0]

I think for your situation youre probably best to do that. Leave the tax returns out totally and if/when youre RFEd, you can submit 10,11,&12 along with proof of the address correction. Together in a group they are stronger then sending in them separate.

Agree. I'll consider doing that in case my visit to the IRS office is not fruitful.

you also mention a current lease (since oct 2011) but youve been married since june 2010- no proof of shared residence/lease before oct 2011?

In the period before that we lived in 2 different apartments owned by family. We didn't have to pay rent. I have utility bills (in my name only unfortunately) and joint account bank statements sent to the previous addresses.

-copies of DLs are important- they compare the signatures (esp of the spouse to the sig on the 751)

What do you mean by DL?

[Villanelle 4,122]

drivers license (state id card is fine if you dont drive) You just need something your spouse signed thats "official" and couldnt have produced by you at home on your PC. Because in theory you could forge your spouses name to the 751. Dont submit anything official? They dont know who signed it- you might to have to come in for an interview. Youll still be approved, just with the interview hassle.

Submit both of your IDs. It also gives you points towards common residence.