Interview scheduled for AOS - Tax questions. Any advice.

[CaLi90 56]

Hi all,

 

I moved here last October and got married in the same month and sent AOS in December adjusting from K1. I asked advice before on how we should file our taxes for 2021 because I haven't got a SSN and we were given advice to file an extension in hopes we got EAD/AOS approval and SSN with that before October tax deadline so we could file MFJ and if not we were going to file MFJ with ITIN application. 

 

I still have no update on my EAD or AP however we have now received an update on our AOS interview being scheduled. 

 

We followed the advice to do the tax extension and if approved would be perfect to receive conditional green card and SSN in time to file taxes MFJ. 

 

We will be taking everything listed on interview appointment letter, but we will not be able to take our 2021 taxes since we filed extension.

 

So do we take the 2018, 2019, 2020 tax return transcripts, along with letter of employment showing stable and above required amount for the current year in income with paystubs? Should I take anything else? If I can get hold of tax extension form 4868 showing extension, and bring 2021's W2 that shows income earned was more than enough for that year, even though we haven't filed yet?

 

Thanks in advance. 

 

 

[EatBulaga 316]

On 6/22/2022 at 4:28 PM, CaLi90 said:

So do we take the 2018, 2019, 2020 tax return transcripts, along with letter of employment showing stable and above required amount for the current year in income with paystubs? Should I take anything else? If I can get hold of tax extension form 4868 showing extension, and bring 2021's W2 that shows income earned was more than enough for that year, even though we haven't filed yet?

 

Thanks in advance. 

 

 

You were supposed to get the SSN first before marriage so the K1 beneficiary name matches the passport. Since you did not file for the SSN before marriage, you will have to deal with the hassles about the passport name and the any marriage certificate name change for a new SSN.

 

If you are talking about tax returns, employment letter, and stable income payslips with the I-864, then yes. Otherwise, I'm not sure why you want to file joint tax returns before receiving the AOS/EAD since you are not supposed to have worked prior to receiving the EAD? If you received the EAD already and filed the SSN with the EAD, then you need to take your EAD to the SSA to follow up. So for the interview, the US citizen can take the separate filed 2021 tax return (but list as married) since that is supposed to be the only source of income.

 

Edited June 24, 2022 by EatBulaga

[CaLi90 56]

On 6/24/2022 at 3:23 PM, EatBulaga said:

You were supposed to get the SSN first before marriage so the K1 beneficiary name matches the passport. Since you did not file for the SSN before marriage, you will have to deal with the hassles about the passport name and the any marriage certificate name change for a new SSN.

 

If you are talking about tax returns, employment letter, and stable income payslips with the I-864, then yes. Otherwise, I'm not sure why you want to file joint tax returns before receiving the AOS/EAD since you are not supposed to have worked prior to receiving the EAD? If you received the EAD already and filed the SSN with the EAD, then you need to take your EAD to the SSA to follow up. So for the interview, the US citizen can take the separate filed 2021 tax return (but list as married) since that is supposed to be the only source of income.

 

I went to the social security office but they said they could not do a SSN just after I entered, and my wedding was planned for a few days after that, I went back after and of course encountered the no SSN because of already getting married. I am not worried about the passport name and marriage certificate not matching up as it clearly states both names and that has not been a problem at biometrics or getting other things set up in the US. 
 

That’s not the issue I have, I was just asking about the documents to bring when we won’t have the current year 2021 for our taxes as we have filed an extension. 

 

No I have not received my EAD, my interview has been scheduled first. The reason we are filing jointly was from the advice of Wuz on visa journey and from our tax accountant. Because I arrived last year, I have the option of filing married jointly with my partner for 2021 and being able to fill out the foreign earned income exception for money I earned in 2021 prior to arriving in October. We are filing this way so that after approval I can get the SSN and properly file together, this means we will receive more than $5,000 extra than what my partner would receive as single/married filing separately. That’s a big reason for us to file this way. 
 

We will just take my partner’s  2020, 2019 & 2018 tax transcripts, current employment letter and pay stubs for last 6 months. Along with her W2 for 2021 just incase, and all relevant forms. 

[CaLi90 56]

No Tax documents were asked for, maybe because we replied to RFE for I-864 in march and that was recent enough for them. 
 

Name change was also not an issue.