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Posted (edited)

I am meeting an accountant who does international taxes. I am wanting to amend my last two years' of taxes. I filed married but separately and want to go back and file jointly. I put my husband as "Non-Resident Alien" as per directions. I have now received my husbands tax/business papers from Pakistan and want to go back and amend my taxes for those two years. The accountant would have to take my taxes and add my husband's income to amend the taxes. He might also help me file for an ITN number. My husband has a business there in Pakistan, so there might be forms for those. I want to do this for the past two years. I really wanted to just put my husband's income on my form along with the papers he sent me (which list deductions, etc), but I'm sure I probably have to do a long form self-employed business form for him....grrrrr

 

Can somebody tell me with this information a "ball park figure" of how much this might cost? I want to make sure he is not taking advantage of me. He has already raised the consultation fee since I talked to him 6 months ago. I have always done my own taxes because I never have any deductions, but this is more complicated.

 

Thanks for the information.

Edited by Love To Teach
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Do you really think it will be worth all the hassle? I suspect that by the time it is all done you will have spent almost as much getting it done as you might save in the end. Sorry, I really can't tell you how much it might be (my guess would be maybe $500-1000 or maybe even more depending on just how complicated the business paperwork is), but given that your husband has his own business I think that the headache will probably greater than the benefit.

 

Also, something to be aware of. If you do file jointly then your husband would also likely come under the requirement to file an FBAR (http://bsaefiling.fincen.treas.gov/NoRegFBARFiler.html). Basically, if has has financial holdings at the end of or during some point during the year (probably the last two years since you are going back and doing back taxes) of greater than $10,000 then he would have to disclose all of his financial holdings. This doesn't have anything to do with determining your taxes, but it has to do with the government being able to monitor financial holdings for potential money laundering/terrorist activities/etc. Your accountant should be aware of this too and can either give you more guidance or possibly help you complete the form. It isn't hard, just more documentation to find and fill out and another headache that you may not have been aware of.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

I would give you my suggestion, it all depends on you if you want to accpet my suggestion, do not do that, it's not worth it. You would spend much money and too much hassle. Now its up to you. Amending tax would not resolve the main problem, it might do a little work but its not worth it at all.

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

If you really wanna bring your husband, make a strong case and then file a federal writ of mandamus lawsuit, its a powerful tool right now for you, writs of mandamus have been successful in cases against the USCIS for a number of years, filing such a legal action against the U.S. Department of State (DOS) to resolve a visa processing delay at a U.S. embassy or consulate has been rare. This is because U.S. consular officers working overseas are often afforded protection against lawsuits under the doctrine of consular non-reviewability, which is akin to diplomatic immunity. Even considering this obstacle and the novel nature of the type of lawsuit. Court would ask you for documents supporting your husband case and then they would contact DOS and DOS might contact Embassy for details of your case about how it was denied and why it was denied and then DOS would present a decision to court to make a final decision, if your case is strong then court would ask DOS to explain why and how your husband should not be approved for an immigrant visa, if they do not present strong documents then it would be necessary for court to make a final decision agains them. This is just my suggestion, now its upto you. mandamus resolved many cases abroad and domestic.

 
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