To Send Ammended Tax Return Or Tax Transcript for ROC?

[Wizzle 41]

Hello Dear VJ members!

Thanks for your continuous and tremendous support on this forum. I am due for my ROC next month september. I am the beneficiary and my wife is the petitioner. I am beginning to gather all I need for the process, however I am not sure which tax paper work to submit. Our 2011 tax transcript is fine and ready to go.

Here is a brief intro about our 2012 taxes:

My wife started her bankruptcy process earlier this year because her cheque was being garnished from a bunch of debts from her previous marriage, last year we lost our entire return due to this, so she decided not to put me through that again this year, so she decided not to file with me. I came back from work one day this February and she had already gone online to HR block and use the free version of file your taxes to file my taxes with my step-daughter stating me as the head of house-hold! I came back from work and she said she got the taxes done! I was like really? How? Fortunately I pay attention to details and read stuff through. I log online and begin to read, and soon find out head-of-house-hold does not necessarily means I am the head of my house-hold, but something entirely different! She felt bad upon realizing this. Unfortunately we cannot amend it because it was already submitted to the IRS. We rushed to our local HR block the next day to get the problem fixed. We explain to the agent there, who said, there is no problem , all they have to do is File an amendment 1040X. At this point we decided we don't care if IRS takes all the money so we decided to file the amendment Married/filling jointly. It was done right there and then and I charged the HR block service fee to my Credit card. We was given a copy of 1040X. In May requested for 2011 & 2012 transcript from IRS, 2011 was ok, however the 2012 shows the DIY mistake" Head of House-hold"

My Question:

1. Do we send in the 1040X along with the Okay 2011 transcript?

2. Would this cause a trouble during our ROC even though we got this corrected with 24hours?

Thank you all for taking the time to read this. God bless you all. Please I am open to your advices, as I have search this website and never could find a reference to my situation. Every other stuff is ready to go, just brain storm about this 2012 taxes.

[Navyk 78]

Hello Dear VJ members!

Thanks for your continuous and tremendous support on this forum. I am due for my ROC next month september. I am the beneficiary and my wife is the petitioner. I am beginning to gather all I need for the process, however I am not sure which tax paper work to submit. Our 2011 tax transcript is fine and ready to go.

Here is a brief intro about our 2012 taxes:

My wife started her bankruptcy process earlier this year because her cheque was being garnished from a bunch of debts from her previous marriage, last year we lost our entire return due to this, so she decided not to put me through that again this year, so she decided not to file with me. I came back from work one day this February and she had already gone online to HR block and use the free version of file your taxes to file my taxes with my step-daughter stating me as the head of house-hold! I came back from work and she said she got the taxes done! I was like really? How? Fortunately I pay attention to details and read stuff through. I log online and begin to read, and soon find out head-of-house-hold does not necessarily means I am the head of my house-hold, but something entirely different! She felt bad upon realizing this. Unfortunately we cannot amend it because it was already submitted to the IRS. We rushed to our local HR block the next day to get the problem fixed. We explain to the agent there, who said, there is no problem , all they have to do is File an amendment 1040X. At this point we decided we don't care if IRS takes all the money so we decided to file the amendment Married/filling jointly. It was done right there and then and I charged the HR block service fee to my Credit card. We was given a copy of 1040X. In May requested for 2011 & 2012 transcript from IRS, 2011 was ok, however the 2012 shows the DIY mistake" Head of House-hold"

My Question:

1. Do we send in the 1040X along with the Okay 2011 transcript?

2. Would this cause a trouble during our ROC even though we got this corrected with 24hours?

Thank you all for taking the time to read this. God bless you all. Please I am open to your advices, as I have search this website and never could find a reference to my situation. Every other stuff is ready to go, just brain storm about this 2012 taxes.

USCIS is only concerned that the tax returns are joint, so you are fine.

Even if the tax returns are not joint one should be fine as long as other evidence is strong - of course one will receive a RFE for the joint Tax Transcript, if the situation is not explained in covering letter. If the situation is explained and if other evidence is strong, then there should be no issues. Some times they would want to interview but it is still alright for genuine marriages.

[slvrfx576 15]

The OP already knows that using "head of household" status was incorrect and absolutely did the correct thing by filing a 1040X to correct the filing status.

I would send the 2012 transcript with a copy of the 1040x attached to it. But include copies of YOUR W-2's, 1099's,etc, and any forms that were not accounted for on the original "DIY" return.

Since you corrected the mistake, it should not be a problem later. It would have been a big problem had you not corrected it because claiming "head of household" status, by definition, means that you did not live together for at least 6 months of that year !

BTW, if you need copies of what was filed you can access your account at HR Block website and print out anything that they have on file for you including the 1040X.

[Wizzle 41]

Thank you all so much. i would follow your advice. You have been so helpful.