I-864 ISSUE :( PLEASE HELP

[naniani711 0]

Hi everyone! I am at the end of my rope here.. it has been one issue after another while trying to get these stupid documents in! It has delayed me a few extra months than whatt I thought my timeline would look like and the financial burden is killing me..

SO my question is this.. my husband (I am the intending immigrant looking to AOS) has filed his tax returns for 2014 and I would like to use that year for the evidence of support. The IRS website tells me it'll be another month before I can REQUEST the official transcript.. I would really really really like to aovid this waiting game if at all possible.. we have allthe douments from Turbotax filed.. the w2s, 1099 etc.. everything is all set and filed but hasn't been 'processed.'

can I get away with sending in all this stuff now? It would be amazing to save that month or so. I also will have the documentation of his income (above the poverty line etc.. we should be all good and all set!)

the w2 is from the IRS so it's official...

Is this okay? how can I best do this to avoid an RFE?

please please help!

I feel like if I wait another month or two to even SUBMIT my packet, I might go insane aaha

[OlenkaKyiv 3]

Instructions to I-864 state: "You must provide either an IRS transcript OR a photocopy from your own records of your Federal Individual Income tax return for the most recent tax year."

Since you have no IRS transcript available (and it will not be available soon), submit a copy of your 1040 with a confirmation of its filing (from a TurboTax or certified letter), with copies of your W-2, 1099s and other proof of your income based on which the return was prepared. I would also explain in a cover letter why the IRS Transcript for the current year is unavailable so you submit a copy of your own records. According to I-864 instructions, by sending a copy of your return from you records, you follow USCIS instructions.

[naniani711 0]

oh my gosh, so even if it has't been fully processed, that's enough? AMAZING you made my day.

one more quick issue- my husband filed it as 'single' because when he included me as a dependent it caused issues as I don't have a SSN yet.. will that look strange that he filed as single even though we were already married when he filed? or is this just an IRS issue they won't carea bout? should I explain we just wanted to get it done the quickest/ easiest way..? thanks!

[KayDeeCee 4,893]

Were you married in 2014? If so, he should have filed as married. He can amend it once you have your SSN.

Be sure to include all forms, attachments, schedules, W-2s and 1099s when using a copy of your return. It needs to be complete.

[naniani711 0]

We got married a month or two before he filed. However, when he tried to file joint, it was a huge pain and we got different answers all over the place.. my concern right now isn't so much the $ we can get back, i'm happy ot amend later on.. but my issue is whether this will be an issue for USCIS?

is it weird that he filed single even though he wasn't or is that not something they care about? or should i explain it?

does that make sense??

thanks so much!

[KayDeeCee 4,893]

If you were married in 2014, then yes, amend it later. It won't really matter to the IRS, but it will matter for immigration, especially later for filing to remove conditions or if you want to get US citizenship down the line.

[naniani711 0]

Okay, so I can't apply with his tax return saying single now? but I also can't amend it until I have an SSN... such a chicken and egg situation... so is it a problem if I apply now for my AOS form i864 with his copy of return like this??

Sorry, I'm still confused.. we do plan to amend it later just because we'll get a lot more $ back this way but to save time we didn't care about the money right now...

I know IRS does not care but immigration will?

ahhhhh

[naniani711 0]

Okay, so I can't apply with his tax return saying single now? but I also can't amend it until I have an SSN... such a chicken and egg situation... so is it a problem if I apply now for my AOS form i864 with his copy of return like this??

Sorry, I'm still confused.. we do plan to amend it later just because we'll get a lot more $ back this way but to save time we didn't care about the money right now...

I know IRS does not care but immigration will?

ahhhhh

[OlenkaKyiv 3]

Okay, so I can't apply with his tax return saying single now? but I also can't amend it until I have an SSN... such a chicken and egg situation... so is it a problem if I apply now for my AOS form i864 with his copy of return like this??

Sorry, I'm still confused.. we do plan to amend it later just because we'll get a lot more $ back this way but to save time we didn't care about the money right now...

I know IRS does not care but immigration will?

ahhhhh

You are confused because you never stated which year you were married in.

If you and your American (i.e. US citizen) spouse were married in 2014, then your American spouse cannot file as "single" because he was married at the end of 2014. He should have filed as either "Married filing jointly" or "married filing separately." IRS may not care much about your spouse's error, yet it is an error and by not filing as married filing jointly, you are loosing a tax benefit of lower tax rates.

I agree with KayDeeCee that wrong filing status on your tax return can raise questions with immigration services (possibly even at the level of an original filing for your visa). Therefore, you should investigate this question.

If you were married, your spouse does not need your SSN (which you do not have anyway) to file his "married filing jointly" tax return. He can submit a request for ITIN that is used by taxpayers for filing their US tax returns with his tax return and IRS will issue ITIN automatically (See IRS website: IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. [http://www.irs.gov/Individuals/General-ITIN-Information])i.e. if needed, he can file an amended tax return now - yet, remember, he needs your original signature on the return, if he files married filing jointly. Then you can follow up with immigration services with an amended tax return.

If you and your American spouse were married in 2015, then your American spouse can file only as "single" or "head of household" (if he has kids and meets other Internal Revenue Code requirements). If this is a situation, you are good with both IRS and immigration services and no other additional steps are needed.

[naniani711 0]

Okay, I'm an idiot so he filed 'married filing separately'.. so is this okay then?

we will amend later on then?

I just want to get these documents out NOW!! can we amend later or should I amend BEFORE sending them off ? :/

thanks SO SO SO much. you are so helpful!

[KayDeeCee 4,893]

No need to amend if he filed as married. It can be married jointly or married separately. As long as it was married, you are good.

[naniani711 0]

OKAY so he did file single- just asked him. Now what ??

I feel so stupid for making a mistake after all the research I did.. ahh..

so now we have to amend it, wait for me to get an ITIN and then I can only file?

We did it thru turbotax so idk if it looks different but ah

OKAY so he did file single- just asked him. Now what ??

I feel so stupid for making a mistake after all the research I did.. ahh..

so now we have to amend it, wait for me to get an ITIN and then I can only file?

We did it thru turbotax so idk if it looks different but ah

[OlenkaKyiv 3]

OKAY so he did file single- just asked him. Now what ??

I feel so stupid for making a mistake after all the research I did.. ahh..

so now we have to amend it, wait for me to get an ITIN and then I can only file?

We did it thru turbotax so idk if it looks different but ah

OKAY so he did file single- just asked him. Now what ??

I feel so stupid for making a mistake after all the research I did.. ahh..

so now we have to amend it, wait for me to get an ITIN and then I can only file?

We did it thru turbotax so idk if it looks different but ah

I am sorry for being impatient with this questions BUT .... WHEN DID YOU GUYS MARRIED-WHAT IS EXACT DATE OF YOUR MARRIAGE INCLUDING YEAR? Please state clearly - then we can recommend you what the heck to do.

[naniani711 0]

oh gosh, sorry! So we got married in Nov. 2014. He filed his returns a few weeks ago (in 2015) but we had been married in 2014. He first filed 'married but separately' but it came back as a mistake because they told us to leave the SSN blank but we needed the ITIN. Was told either to apply and include a W7 or the ITIN or just to file single and amend later on.

For some reason, I didn't realize filing single could look weird SINCE HE isn't single. From what turbotax accountants told us was that it was okay to file single even though he had a dependent and later amend when I had ITIN or SSN.

So my overall question is not whether he should have filed joint.. I know that he should have but we were told it was okay (since we were losing out on money so it wans't like a scam haha).. but now i'm confused if this will have a negative impact.

does that make more sense??

[KayDeeCee 4,893]

Okay, you were married in 2014, but he filed single. When you get your SSN, then amend it. You can get an SSN when you get your EAD. The single status has no impact on using the return for his I-864 for you, but as I said, it can cause issues in later immigration processes, or even at the AOS interview. It will help get a bigger refund too, so win win when doing the amendment.