Rfe for ITR

[corgietete 1]

22 minutes ago, Nitas_man said:

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.

Her filing status on the ITR was married. I said dependent because I thought it would mean that I am dependent on everything to her since I do not have a work yet. 

[corgietete 1]

26 minutes ago, NikLR said:

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.  

When she does her amendment, what document do I need to include in my RFE then as a proof that she is currently working on it and just waiting for the amended return? Will the tax service give her a paper saying that we sent an amendment to IRS? Or do I have to wait for the official amended return from IRS? 

[Wuozopo 4,285]

I think the OP doesn't  understand the correct terminology so the responses seem a little confusing. Example: "This is the RFE that I got, if I send the refund transcript, should I still include her W2?"

What the heck is a refund transcript?

 

To avoid sending the wrong thing, I would order a transcript.

If she lives at the same address as the 2016 tax return: https://sa.www4.irs.gov/irfof-tra/start.do;jsessionid=dzusHiiXXK7CXCmP5xwUo5rs Order Tax return transcript.

 

If she has moved since the 2016 return: Paper request form.  https://www.irs.gov/pub/irs-pdf/f4506t.pdf

Fax it in. The fax numbers are in the instruction part of the form. 

 

1 hour ago, corgietete said:

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

NO!   The people who open the mail are contractors who don't care what your plans are with IRS.  Amending the return is between her and the IRS. Just send the USCIS what they asked for. Order a tax return transcript. Send it with your other RFE items.

[corgietete 1]

53 minutes ago, Wuozopo said:

I think the OP doesn't  understand the correct terminology so the responses seem a little confusing. Example: "This is the RFE that I got, if I send the refund transcript, should I still include her W2?"

What the heck is a refund transcript?

 

To avoid sending the wrong thing, I would order a transcript.

If she lives at the same address as the 2016 tax return: https://sa.www4.irs.gov/irfof-tra/start.do;jsessionid=dzusHiiXXK7CXCmP5xwUo5rs Order Tax return transcript.

 

If she has moved since the 2016 return: Paper request form.  https://www.irs.gov/pub/irs-pdf/f4506t.pdf

Fax it in. The fax numbers are in the instruction part of the form. 

 

NO!   The people who open the mail are contractors who don't care what your plans are with IRS.  Amending the return is between her and the IRS. Just send the USCIS what they asked for. Order a tax return transcript. Send it with your other RFE items.

I mean return transcript.

[Nitas_man 3,100]

3 hours ago, corgietete said:

Her filing status on the ITR was married. I said dependent because I thought it would mean that I am dependent on everything to her since I do not have a work yet. 

I strongly advise you not to put a dated marriage certificate and what is essentially a fraudulently filed tax return on the same desk in front of the USCIS processor who will determine your future status as an immigrant.

 

Your wife knows full well how to file a 1040X and fix this mistake.  The decision on your case may depend on whether or not she chooses to make this right but you should know that when you signed the return you took equal responsibility for the incorrect filing status and now you are being asked to put that in front of the officer who will decide your fate.  I would not do it until the correct return is filed.  Sending both in at the same time is like a signed confession. 

 

 

[corgietete 1]

4 minutes ago, Nitas_man said:

I strongly advise you not to put a dated marriage certificate and what is essentially a fraudulently filed tax return on the same desk in front of the USCIS processor who will determine your future status as an immigrant.

 

Your wife knows full well how to file a 1040X and fix this mistake.  The decision on your case may depend on whether or not she chooses to make this right but you should know that when you signed the return you took equal responsibility for the incorrect filing status and now you are being asked to put that in front of the officer who will decide your fate.  I would not do it until the correct return is filed.  Sending both in at the same time is like a signed confession. 

 

 

Okay. Can I send a copy of her original itr and a copy of her amended itr together? Do i need to include anything? Letter? Explanation?

[Nitas_man 3,100]

6 minutes ago, corgietete said:

Okay. Can I send a copy of her original itr and a copy of her amended itr together? Do i need to include anything? Letter? Explanation?

That's what I would do along with proof that the amended return was filed. 

Listen I know that you are probably the innocent party here and I want to make sure that you have the correct advice to keep yourself and your immigration file clean and above reproach.  This could (potentially) haunt you.  In my view the risk is not worth it.

[Nitas_man 3,100]

3 hours ago, Wuozopo said:

I think the OP doesn't  understand the correct terminology so the responses seem a little confusing. Example: "This is the RFE that I got, if I send the refund transcript, should I still include her W2?"

What the heck is a refund transcript?

 

To avoid sending the wrong thing, I would order a transcript.

If she lives at the same address as the 2016 tax return: https://sa.www4.irs.gov/irfof-tra/start.do;jsessionid=dzusHiiXXK7CXCmP5xwUo5rs Order Tax return transcript.

 

If she has moved since the 2016 return: Paper request form.  https://www.irs.gov/pub/irs-pdf/f4506t.pdf

Fax it in. The fax numbers are in the instruction part of the form. 

 

NO!   The people who open the mail are contractors who don't care what your plans are with IRS.  Amending the return is between her and the IRS. Just send the USCIS what they asked for. Order a tax return transcript. Send it with your other RFE items.

The return is considered, under the law, fraudulent.  Bad idea to send it in.  The mail openers don't review the file and some of the processors are pretty bright. 

[corgietete 1]

5 minutes ago, Nitas_man said:

That's what I would do along with proof that the amended return was filed. 

Listen I know that you are probably the innocent party here and I want to make sure that you have the correct advice to keep yourself and your immigration file clean and above reproach.  This could (potentially) haunt you.  In my view the risk is not worth it.

What document will serve as a proof that the amended return was filed? Do I need to include a letter?

[Wuozopo 4,285]

1 hour ago, Nitas_man said:

but you should know that when you signed the return you took equal responsibility for the incorrect filing status and now you are being asked to put that in front of the officer who will decide your fate

 

This assumess they filed a joint return in 2016.  His previous description said his wife's return.  So did the OP sign a  2016 joint return? If so, yeah that's not a good thing. 

Edited December 2, 2017 by Wuozopo

[NikLR 13,220]

they can give you a copy of the amended tax return.  A 1040X.   you do not need to wait for the tax return transcript. 

[corgietete 1]

2 minutes ago, NikLR said:

they can give you a copy of the amended tax return.  A 1040X.   you do not need to wait for the tax return transcript. 

Do I need to send the original tax return and amended tax return together when i send my rfe back? What else do I need to include?

[NikLR 13,220]

what they asked for.  why would you send the original return?

 

[corgietete 1]

1 minute ago, NikLR said:

what they asked for.  why would you send the original return?

 

Well, they were just asking for my wife’s itr, but since it was filed wrong, she went ahead and filed for amendment to make it right(original itr filing status was MFJ, amended itr filing status is now single)

 

If I send the amended itr to uscis, do i need to include a copy of the money order that was sent to irs? (She owed money to irs when she did the amendment) 

[NikLR 13,220]

I've never even heard the phrase ITR until this thread... I just call it a tax return. 

Anyhow. 

No you don't need to send the money order!  She just needs to send the 2016 amended tax return. That's it. 

Edited December 3, 2017 by NikLR