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Hello all, please help!

I have recently graduated from my MBA (may/18) and my OPT is valid until July of 2019. I have been in the US since 2016 but made the mistake of not filling any tax returns. 

 

I plan on getting married in January/19 and then apply for AOS. Should I submit my tax returns and apply for AOS right away? Or should I wait for IRS to process and then apply for AOS?

 

I am afraid of waiting until IRS to process my tax amendments (can take up to 4 months) at the risk of my Green Card EAD arriving after my OPT expires, creating a gap in which i wont be allowed to work.

 

Please, please advise!!

 

Thank you!

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Technically , as the beneficiary, you aren't required to submit your tax information; unless you plan on using your income for the affidavit of support.  As  long as you pay all your taxes, you should be fine.  You do not need to delay your application for the amended tax return. 


05/24 PD
06/18/18 Bio apt
06/26/18 Fingerprint review was completed
09/27/18 RFE for I-864
11/04/18 Sent response to RFE
11/06/18 RFE response was received
11/07/18 Courtesy letter for I-693
11/19/18 Case is ready to be scheduled for interveiw
11/20/18 Interview was scheduled

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3 minutes ago, psgma said:

Technically , as the beneficiary, you aren't required to submit your tax information; unless you plan on using your income for the affidavit of support.  As  long as you pay all your taxes, you should be fine.  You do not need to delay your application for the amended tax return. 

Thank you so much for all your help, and sorry if i am bothering. The tricky part is that i didnt even file my tax returns while here on my MBA. I had a small income in 2017 and didnt pay taxes! Do you think I should just mail a late tax return and apply for AOS before getting any notification from IRS?

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You should be fine. and yes you need to file an amended tax return. and no IRS wont contact you unless you are under audit (very unlikely).  FYI, after you get your greencard you MUST ALWAYS file a tax return. 


05/24 PD
06/18/18 Bio apt
06/26/18 Fingerprint review was completed
09/27/18 RFE for I-864
11/04/18 Sent response to RFE
11/06/18 RFE response was received
11/07/18 Courtesy letter for I-693
11/19/18 Case is ready to be scheduled for interveiw
11/20/18 Interview was scheduled

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9 minutes ago, psgma said:

You should be fine. and yes you need to file an amended tax return. and no IRS wont contact you unless you are under audit (very unlikely).  FYI, after you get your greencard you MUST ALWAYS file a tax return. 

That makes sense. My only concern is filing the amended tax return and not having evidence of such filing (receipt confirmation from the IRS) to send along with my Green Card petition. Do you see what I am confused about?

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If you are using only your spouse's income or a co-sponsor, you dont need to worry about that at all.  You can always submit the copy of the amended 1040 with W2 and or any other docs you used to report your income. These are your evidences.  USCIS wont care about that.  (Worst case scenario) : By the time you got a rfe for the tax return,  IRS will have already processed your amendments. 

 

To make you feel better, im adjusting from F-1 and i didn't submit my tax information to USCIS at all . Im scheduled for an interview next month. 

 

 


05/24 PD
06/18/18 Bio apt
06/26/18 Fingerprint review was completed
09/27/18 RFE for I-864
11/04/18 Sent response to RFE
11/06/18 RFE response was received
11/07/18 Courtesy letter for I-693
11/19/18 Case is ready to be scheduled for interveiw
11/20/18 Interview was scheduled

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43 minutes ago, psgma said:

If you are using only your spouse's income or a co-sponsor, you dont need to worry about that at all.  You can always submit the copy of the amended 1040 with W2 and or any other docs you used to report your income. These are your evidences.  USCIS wont care about that.  (Worst case scenario) : By the time you got a rfe for the tax return,  IRS will have already processed your amendments. 

 

To make you feel better, im adjusting from F-1 and i didn't submit my tax information to USCIS at all . Im scheduled for an interview next month. 

 

 

Thank you man, that was very helpful. Would you mind share your e-mail so we can stay in touch? If you dont want your info here, can you please email me at galbuquerque10 at gmail.com? thanks

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Foreign students are considered "non-resident" for the first 5 years hence you are not required to pay tax the first 5 years you're here.

But you still have to file tax return.

Edited by hoangthaihuy

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