Request for Evidence Question - Adjustment of Status

[nuck 0]

Hello,

 

We are in the process of Adjusting Status after getting our K1 and got a request for evidence. The RFE asks for evidence of a marital life together including tax returns.

 

For income tax purposes for the 2023 year we filed as married filing jointly and included a cover letter then saying my spouse was a nonresident alien on December 31, 2023 and we choose to be treated as US residents for the entire tax year for income tax purposes.

 

Does anyone know if we include the cover letter we sent at that time saying my spouse was a nonresident alien, or just the Form 1040 tax returns without that cover letter?

 

Thank you!

 

 

[Lil bear 4,247]

Moved to AOS from K 1 and K3 forum as this reflects  the OPs  current process 

[powerpuff 6,723]

Just the tax returns. I would advise however to submit tax return transcripts instead as they’re easier to read. You can download them from IRS.

[JeanneAdil 6,539]

He was not in the US until 2024 as u say husband was nonresident alien spouse at end of december 2023

How did he get a K1 for fiancee if u were married in 2023 outside the US?'

 

U can not file MSJ unless married in 2023 

and if u were married u should have done spouse visa 

[Rocio0010 5,579]

Just to make sure I got this right:

Your spouse had a K1, and you guys got married in 2023.

So, for 2023 taxes you filed MFJ?

 

If so, it is way easier and actually preferred to create an online account with the IRS, and download your tax return transcript instead of sending them the tax forms.

[JeanneAdil 6,539]

3 hours ago, Rocio0010 said:

Just to make sure I got this right:

Your spouse had a K1, and you guys got married in 2023.

So, for 2023 taxes you filed MFJ?

 

If so, it is way easier and actually preferred to create an online account with the IRS, and download your tax return transcript instead of sending them the tax forms.

then why nonresident alien spouse in 2023?

 

timeline and more info would help

[Rocio0010 5,579]

23 hours ago, JeanneAdil said:

-then why nonresident alien spouse in 2023?

 

timeline and more info would help

Im assuming they confused "non resident" for tax purposes versus immigration.

Since their green card was not approved for Dec 2023, I think they are confused and they thought they meant for immigration. Either way this is confusing, and it's hard to help someone with an incomplete timeline.

[Peot 161]

I agree that more information about the circumstances of the immigration is needed, but I'm also surprised that the IRS 1040 or transcripts weren't provided the first time around.

 

Please make sure to look through more information on VJ to make sure you are providing as much evidence as you can, even in addition to tax documents. There are plenty of guides and suggestions in this forum about what you should provide which can help avoid situations like this from happening.