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Tax return filing status 1-864 help please

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  • Tax return filing status 1-864 help please

    So....husband and his accountant filed his taxes as 'single' as I don't have a SSN and didn't live in the States.

    Obviously this is wrong and a mistake. AOS package is ready to go.

    Can he complete a 1040X form to the IRS to change filing status and we include this in the AOS package?

    If we sent in the tax return to USCIS as it is will we be rejected?

  • #2
    Originally posted by chub1 View Post
    So....husband and his accountant filed his taxes as 'single' as I don't have a SSN and didn't live in the States.

    Obviously this is wrong and a mistake. AOS package is ready to go.

    Can he complete a 1040X form to the IRS to change filing status and we include this in the AOS package?

    If we sent in the tax return to USCIS as it is will we be rejected?
    This is a big mistake and is not okay.

    If this is the most recent year's tax return that is needed for the I-864, definitely don't send the wrong version; send it with the amendment.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      This is a big mistake and is not okay.

      If this is the most recent year's tax return that is needed for the I-864, definitely don't send the wrong version; send it with the amendment.
      It is the most recent one. Waiting for the accountant to get back to us.

      So it would mean the actual tax return needs to show married fiiing separately before I can send it off or do we just fill out a 1040X and send a copy with original tax return to USCIS?

      Thank you.

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      • #4
        Any updates on how this worked out for you?

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