Rfe for ITR

[corgietete 1]

4 hours ago, N-o-l-a said:

 

You should at the very least consult with one as that sounds a bit wonky.  Did someone tell her to do that?

Not that I know of. 

[corgietete 1]

If I do the amendment, how long will I have to wait before I get the document back? Because I have a deadline to send the ITR January 2017. 

[NikLR 13,220]

Once filed she can send a copy of that filing.  

[corgietete 1]

6 minutes ago, NikLR said:

Once filed she can send a copy of that filing.  

Can I do it at H&R block/Turbo Tax? Or it’s better to do it with a CPA???

[NikLR 13,220]

28 minutes ago, corgietete said:

Can I do it at H&R block/Turbo Tax? Or it’s better to do it with a CPA???

I dont know as I've never had to file an amended return. 

[corgietete 1]

On 11/29/2017 at 12:58 PM, NikLR said:

I dont know as I've never had to file an amended return. 

Can I just send the ITR now and get the amendment done later?

Edited December 2, 2017 by corgietete

[corgietete 1]

Good morning! I am currently adjusting my status from k1. Sent AOS packet last February 2017 and after waiting for months I got an RFE from uscis asking for my wife’s ITR for 2016. The problem is she needs to make an amendment on her ITR because of an error, filed “married” instead of “single” (we got married 2017). Can I just send her ITR now and do her amendment later? Will there be a problem? Thank you

[Wuozopo 4,285]

Opinion:

In general the IRS and the USCIS don't care about each other's business too much. You must have a tax return so send it. A transcript would be even better. The USCIS is looking for money/income, not how you filed, if your deductions were valid, when you filed, your refund,  etc.  USCIS IS not the tax audit department. Show them the money she earned. It is going to be the same, no matter how the rest of the return is filled out.

 

Get straight with the IRS just because you want to be accurate. She's had plenty of time to fix her 2016 return.

Edited December 2, 2017 by Wuozopo

[corgietete 1]

11 minutes ago, Wuozopo said:

Opinion:

In general the IRS and the USCIS don't care about each other's business too much. You must have a tax return so send it. A transcript would be even better. The USCIS is looking for money/income, not how you filed, if your deductions were valid, when you filed, your refund,  etc.  USCIS IS not the tax audit department. Show them the money she earned. It is going to be the same. 

 

Get straight with the IRS just because you want to be accurate. She's had plenty of time to fix her 2016 return.

Thank you so much! This is the RFE that I got, if I send the refund transcript, should I still include her W2?

 

 

Until when can she fix her 2016 return? Should I include a letter explaining that she will amend her tax later? 

Edited December 2, 2017 by corgietete

[NikLR 13,220]

1 hour ago, corgietete said:

Can I just send the ITR now and get the amendment done later?

No its wrong

[corgietete 1]

1 minute ago, NikLR said:

No its wrong

Please enlighten me

[Nitas_man 3,100]

1 hour ago, corgietete said:

Good morning! I am currently adjusting my status from k1. Sent AOS packet last February 2017 and after waiting for months I got an RFE from uscis asking for my wife’s ITR for 2016. The problem is she needs to make an amendment on her ITR because of an error, filed “married” instead of “single” (we got married 2017). Can I just send her ITR now and do her amendment later? Will there be a problem? Thank you

This is a repeated identical thread.  This is generally discouraged on this site.

 

I believe you earlier shared that you already submitted the tax return with the original application to adjust status earlier this year.  We asked you about your specific case to determine why they would need your tax return again and figured out that she filed that you were married with the IRS on 2016 taxes yet filed that you got married in 2017 when you filed to adjust status with USCIS.  Which is a big discrepancy and (looks on paper) like you and your wife took advantage of a tax bracket that she/you were not actually qualified to take. 

No government agency ever cares whether it was intentional or not.  Filing married for 2016 when you were not married is probably not going to be viewed as an unintentional or accidental mistake.  I can easily view a USCIS representative thinking "if they would defraud the IRS, then what else could these two be doing?"  Something like that.

 

So:  I recall that you were advised to have your wife amend the 2016 return and send the amended return back to satisfy the RFE.  Staple the old one with it and send in an apologetic note explaining the original discrepancy between the return status and the AOS application dates. 

 

This advice stands.  Sending the old return with the same discrepancy might open up assumptions and problems that no newly married couple in the middle of the immigration process either want or need.

http://www.visajourney.com/forums/topic/654700-rfe-asking-for-my-itr/?tab=comments#comment-8905359

 

Here's your other thread for review.  They need to be merged.  In one thread you said she filed you as dependent.  In this one you say she filed married.  Both are incorrect.  Both will raise flags.  If she filed married and was not it might be something that USCIS deems worth sending over to the IRS.

 

Edited December 2, 2017 by Nitas_man

[NikLR 13,220]

Okay the tax return claims you as a dependent on it.  If your spouse wasnt supporting you for the year completely and since you werent married what basis do they have for that claim?

Will the uscis reject it? It sounds like they already did which is why you are here.  If you didnt send it to begin with when it was required why not? 

Edited December 2, 2017 by NikLR

[NikLR 13,220]

If you want to submit it because you cant find a random tax place and fix this, do what you want.  In the end this is your case and only you are responsible for the decisions you make regarding it.  

[corgietete 1]

15 minutes ago, Nitas_man said:

This is a repeated identical thread.  This is generally discouraged on this site.

 

I believe you earlier shared that you already submitted the tax return with the original application to adjust status earlier this year.  We asked you about your specific case to determine why they would need your tax return again and figured out that she filed that you were married with the IRS on 2016 taxes yet filed that you got married in 2017 when you filed to adjust status with USCIS.  Which is a big discrepancy and (looks on paper) like you and your wife took advantage of a tax bracket that she/you were not actually qualified to take. 

No government agency ever cares whether it was intentional or not.  Filing married for 2016 when you were not married is probably not going to be viewed as an unintentional or accidental mistake.  I can easily view a USCIS representative thinking "if they would defraud the IRS, then what else could these two be doing?"  Something like that.

 

So:  I recall that you were advised to have your wife amend the 2016 return and send the amended return back to satisfy the RFE.  Staple the old one with it and send in an apologetic note explaining the original discrepancy between the return status and the AOS application dates. 

 

This advice stands.  Sending the old return with the same discrepancy might open up assumptions and problems that no newly married couple in the middle of the immigration process either want or need.

 

 

When we sent our AOS, we sent her 2015 ITR not the 2016. 

 

If she will do an amendment now, what document do I need to include in my RFE as a proof that she is currently processing her amendment and waiting for the amended return?

Edited December 2, 2017 by corgietete