corgietete

10 hours ago, TNJ17 said:

Thanks. Did you file at 3 years of marriage or 3 years of permanent residency? For some reason I was thinking once you celebrate 3 years of marriage if you’re still married you can apply. 

3 years of marriage 

3 hours ago, TNJ17 said:

Quick question so I don’t start a new thread. Can you file N400 (naturalization) while 751 (removal of conditions) is pending? With the slow processing times now it would be nice not to have to wait. 

Hello! Yes! That’s what I did. I filed for N400 while 751 was still pending. 

1 minute ago, JeanneAdil said:

Congratulations \don't forget to update your SS card and get US passport 

Hello! Thank you! 🙏🏼😊 How do I update my SS card? Do I do it after I’m done with my oath taking? 

2 hours ago, Sparkle Sparkle said:

Congratulations 🎊.... Where is @Greenbaum@Greenbaum??

Thank you! 🙏🏼😊

11 minutes ago, Dashinka said:

Congratulations!

Thank you 🙏🏼 ☺️

Praise the Lord! Thank you to everyone who helped me with my visa journey! Special shout out to @Greenbaum for answering all my questions and for the patience! 🤗🤗🤗 God bless you Sir! 

K1 Visa

-No interview for my 2 years green card

-December 11, 2019 we filed Form I-751, Petition to Remove Conditions on Residence
-August 18, 2021 Case Was Approved (no interview) Did not receive a 10 years green card since N400 was approved at the same time! 😊

-October 2, 2020 we filed for Form N-400, Application for Naturalization

-December 31, 2020 Biometrics appointment 

-May 25, 2021 interview with Citizenship exam for N400 (took 10-15mins on both)

-August 17, 2021 Oath Ceremony Notice Was Mailed and scheduled for oath ceremony! 

TO GOD BE THE GLORY! 💯🙏🏼🙏🏼🙏🏼

2 hours ago, Nitas_man said:

In your place I would send the 1040X, change the letter from apology to a note that errors were discovered on your wife's original return and it was re-filed, and leave it at that.  The income and tax and sponsorship and support information is actually your wife's responsibility, not yours.  I am puzzled as to why this is being dumped on you to figure out. 

Note:  Anytime you send in a copy of a return rather than a transcript attach copies of everything related to the return.  1099's (bank interest, etc) and W2's (income from employer).  Make sure the income matches up.

That's all there is to it on the tax return.  You are actually fortunate that you did not send the first one.  If a sharp processor saw that they (USCIS) could have potentially made trouble for the two of you.

Good luck

 

Do I still need to mention the errors discovered like the filing status? Because in the 1040X it states the reason for the amendment which is “filing status from mfj to single”

Thank you so much! I appreciate everything. God bless you

7 hours ago, Nitas_man said:

Told you in that other thread I wouldn't advise sending in that fraudulent return.  It was one thing when you said you were a dependent.  Apology probably accepted.   It became a completely different issue if you signed a married filing jointly return. 

 

MODS:  MERGE THESE THREADS

 

 

Should I include still the apology in the cover letter or just better remove it? 

Did I say it right, A copy of federal income tax return for tax year 2016 (Form 1040X and any W2s) ?

3 minutes ago, NikLR said:

Looks just fine. 

 

However I would include ALL bank statements from the joint account. 

I was just recently added on her bank account so its only showing both our names on her latest bank statement which is for the month of November. 😔 Should I just remove that then? Any other suggestions? It sounds like my cover letter is not enough the way you replied 😩😭

10 minutes ago, NikLR said:

WHEN you get an interview you can take that other item.

 

1040x will replace the 1040 that your wife originally filed as I understand it.  

Please check my cover letter:

1 minute ago, NikLR said:

You can bring the tax return transcript to interview.  But otherwise an entire tax return including w2, all schedules, etc, or a tax return transcript is acceptable. 

Interview? We did not get any interview dates yet. We are still working on this RFE for my AOS.  If uscis will next ask for the amended tax return transcript then i won’t be able to provide that. Isnt it that it takes 6-8 weeks for irs to process the amended tax return? My wife just sent the amended tax return to irs today. 

So in response to this rfe, i just need to send them the amended tax return and w2? No need to include the corrected tax return?

8 minutes ago, Nitas_man said:

He said he was listed as dependent, then said they filed married.  MFJ is the only combination that fits.  OP doesn't understand the tax system at all, no way he was in a position to be part of any of this.

 

corgietete:  Check the return and see what the filing status is.  Is it married filing jointly, married filing separately?  Because dude really based on the dates the tax return isn't your responsibility it's your wife's.  If it's married filing jointly then you're supposed to electronically or physically sign it.  Did you?  Or did she sign it for you?

 

The filing status on her return was married filing jointly. Yes I physically signed it, I was there when she filed her tax return. But since the previous threads said that she needs to make an amendment because she should have filed single in her file status, she went ahead and made an amendment. Now her amended tax return says single as her filing status.

(Background: we got married 2017, original tax return 2016 filing status was MFJ. But since we got married 2017, she should’ve filed single as her filing status. So as suggested, she needed to make an amendment return which is to make her filing status single) 

1 minute ago, NikLR said:

they don't' care.  Lots of people owe money every time they file.  She's not in severe arrears and she's paying it, so it's not an issue. 

Do I need to send a proof that her amended tax has been filed to irs? If yes, what will serve as a proof that is was filed? Sorry for asking too much. Im just worried right now, don’t want to get another rfe again. 😔😩

7 hours ago, corgietete said:

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

6 minutes ago, NikLR said:

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. 

Sorry. Itr = income tax return. Will there be an issue with the uscis if it shows that her amended tax return shows that she owes money to irs? 

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) 

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?

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?

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?

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.

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? 

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. 

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?

1 minute ago, NikLR said:

No its wrong

Please enlighten me

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?