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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 04-14-2008, 04:36 AM
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Priority Date
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Jul-03
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taym1 is on a distinguished road
Default tax return for I-485

Hi all,
I filed my I-485 (EB-3, PD 07/2003, I-140 approved in 2006) in June 2007, and added my wife (who has her own H-1b working in the US) as a derivative beneficiary. We were married overseas in 2005 and were never registered in the US. We have been filing our tax as Singles even in April 2007, before I was able to file I-485. Now I'm worried that such filing status in the past will hurt my case when they review it.

My questions are:
- How important is filing status in tax returns for employment-based AOS with spouse?
- For the purpose of the green card application only, should I file amendments for tax years 2005 and 2006 as Married Filing Jointly to correct the situation?
- Does USCIS talk to the IRS as they do with FBI to do background check?


Thank you very much for your insight.
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  #2 (permalink)  
Old 04-14-2008, 04:54 AM
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Feb-02
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raj2007 will become famous soon enough raj2007 will become famous soon enough
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Quote:
Originally Posted by taym1 View Post
Hi all,
I filed my I-485 (EB-3, PD 07/2003, I-140 approved in 2006) in June 2007, and added my wife (who has her own H-1b working in the US) as a derivative beneficiary. We were married overseas in 2005 and were never registered in the US. We have been filing our tax as Singles even in April 2007, before I was able to file I-485. Now I'm worried that such filing status in the past will hurt my case when they review it.

My questions are:
- How important is filing status in tax returns for employment-based AOS with spouse?
- For the purpose of the green card application only, should I file amendments for tax years 2005 and 2006 as Married Filing Jointly to correct the situation?
- Does USCIS talk to the IRS as they do with FBI to do background check?


Thank you very much for your insight.
It really doesn't matter.
yes you can file amendments.
No
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  #3 (permalink)  
Old 04-14-2008, 03:48 PM
Junior Member
Priority Date
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Jul-03
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I140 Mailed Date
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Canada
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I485 Mailed Date
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Join Date: Apr 2008
Posts: 3
taym1 is on a distinguished road
Smile

Thanks raj2007 for your insight.

Can anyone care to offer any other opinion?

Thanks!
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  #4 (permalink)  
Old 04-14-2008, 04:00 PM
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uumapathi is just really nice uumapathi is just really nice uumapathi is just really nice uumapathi is just really nice uumapathi is just really nice
Default RE:tax return for I-485

Hi,

It is advisable to file as "Married but filing separate" instead of "Single" when you are married as an IRS requirement. I am not sure if you will have any implications on you I485 but I would recommend filing a 1040X to amend your return to either "Married" or "Married but filing separate" whichever suits your needs.

Regards,
Umapathi.
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  #5 (permalink)  
Old 04-14-2008, 05:03 PM
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IVFOREVER will become famous soon enough IVFOREVER will become famous soon enough
Talking

HI ,

IT is better to amend your taxes.

Regards

Last edited by IVFOREVER; 04-14-2008 at 05:08 PM.
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  #6 (permalink)  
Old 04-14-2008, 08:19 PM
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Sep-03
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01/09/2003
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07/10/2007
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Bthram is on a distinguished road
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Based on my knowledge, IRS does not allow you to change the status on amended returns. Please verify with a Tax consultant.
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  #7 (permalink)  
Old 04-14-2008, 08:27 PM
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Aug-04
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12/22/2004
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12/22/2004
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Quote:
Originally Posted by taym1 View Post
Hi all,
I filed my I-485 (EB-3, PD 07/2003, I-140 approved in 2006) in June 2007, and added my wife (who has her own H-1b working in the US) as a derivative beneficiary. We were married overseas in 2005 and were never registered in the US. We have been filing our tax as Singles even in April 2007, before I was able to file I-485. Now I'm worried that such filing status in the past will hurt my case when they review it.

My questions are:
- How important is filing status in tax returns for employment-based AOS with spouse?
- For the purpose of the green card application only, should I file amendments for tax years 2005 and 2006 as Married Filing Jointly to correct the situation?
- Does USCIS talk to the IRS as they do with FBI to do background check?


Thank you very much for your insight.
You dont have to register your marriage in the u.s

There is a 3 year statute of limitation to ammend tax return i.e to file 1040X

Even if the USCIS does not look at your returns, it is very important that the tax returns conform to data in the uscis applications . single/married etc

If you decide to ammend it, you can simply check the box to "married filing seperately". You need not change any data and your tax software will do the rest.
If you took a strd deduction, it wont make much of a difference in your return.
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  #8 (permalink)  
Old 04-14-2008, 08:30 PM
Senior Member
Priority Date
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Aug-04
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I140 Mailed Date
:
12/22/2004
Chargeability
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India
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I-485
I485 Mailed Date
:
12/22/2004
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Join Date: Jul 2007
Posts: 114
priti8888 will become famous soon enough priti8888 will become famous soon enough
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Quote:
Originally Posted by Bthram View Post
Based on my knowledge, IRS does not allow you to change the status on amended returns. Please verify with a Tax consultant.
Thats not true. One can ammend a tax return if there is a mistake(any mistake)
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  #9 (permalink)  
Old 04-15-2008, 12:09 AM
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Quote:
Originally Posted by taym1 View Post
Thanks raj2007 for your insight.

Can anyone care to offer any other opinion?

Thanks!
Sorry I missed the Single part.. I will prefer to file married or married separately and you can always amend that.
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  #10 (permalink)  
Old 04-15-2008, 12:40 AM
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Jul-03
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I140 Mailed Date
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Canada
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I-485
I485 Mailed Date
:
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Join Date: Apr 2008
Posts: 3
taym1 is on a distinguished road
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Thank you, everyone, for your helpful opinion and suggestion.
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  #11 (permalink)  
Old 06-21-2013, 01:50 PM
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shalia is on a distinguished road
Default Marriage Certificate

Dear all

I married in foreign country since 2 years back but have been living in US now. I filled my tax as married. But i don;t have marriage certificate. So if i file my H-1 with my wife as dependent, do i have to marry in US to get certificate now or will marriage certificate from the country that i married will work?

If i have to get certificate from US, then will it be a problem as i have been filing my tax as married since past two years or it will not have any bearing to my file if i again marry now to get certificate.

Please suggest me.
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