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Do i need to file taxes for last 3 years before AOS ?

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  • Do i need to file taxes for last 3 years before AOS ?

    I haven't done those taxes and about to file for AOS ,now, i used a non valid ss# to work, now i do have an ITIN to do those .My question is if Taxes are part or a requirement to file for adjustment of status and also should i wait for after getting the green card and correct ss# to file back taxes . (marrying and american citizen and have an out of status expired visa). thanks.

  • #2
    The taxes are required for the Petitioner. What type of expied visa is it?
    Filed I-130, I130A, I-485, I-765
    Priority Date: 01/22/2018
    Date Received NOA Letters: 02/02/2018
    Courtesy Letter for i693: 02/20/2018
    Biometrics Done: 02/21/2018
    Interview(rec' approval letter): 05/31/2018
    EAD card in production: 06/02/2018
    EAD card in hand: 06/07/2018
    SSN card in hand: 06/09/2018
    GC approval/production notifications: 07/08/2018
    Card mailed notification: 07/09/2018
    I130 & I485 approval letters received: 07/09/2018
    GC in hand: 07/11/2018

    Comment


    • #3
      I am well aware of the need for the petitioner to show them as they become Sponsors of their spouse .The question was if I have to show them as a Beneficiary . My visa was a regular tourist one .

      Comment


      • #4
        Originally posted by Giancito1 View Post
        I am well aware of the need for the petitioner to show them as they become Sponsors of their spouse .The question was if I have to show them as a Beneficiary . My visa was a regular tourist one .

        I don't think it's required for the Beneficiary. There's an area that's optional on the I-864 form for you to add your savings and assests. Since the I-864 is to be signed and filled out by the Petitioner I think it's common sense that the Beneficiary doesn't have to file taxes, especially if they weren't permitted to work in the first place. If you go on the USCIS website and download the I864 form and instructions you will see that it's required for the Petitioner and not Beneficiary.
        Filed I-130, I130A, I-485, I-765
        Priority Date: 01/22/2018
        Date Received NOA Letters: 02/02/2018
        Courtesy Letter for i693: 02/20/2018
        Biometrics Done: 02/21/2018
        Interview(rec' approval letter): 05/31/2018
        EAD card in production: 06/02/2018
        EAD card in hand: 06/07/2018
        SSN card in hand: 06/09/2018
        GC approval/production notifications: 07/08/2018
        Card mailed notification: 07/09/2018
        I130 & I485 approval letters received: 07/09/2018
        GC in hand: 07/11/2018

        Comment


        • #5
          Originally posted by Giancito1 View Post
          I haven't done those taxes and about to file for AOS ,now, i used a non valid ss# to work, now i do have an ITIN to do those .My question is if Taxes are part or a requirement to file for adjustment of status and also should i wait for after getting the green card and correct ss# to file back taxes . (marrying and american citizen and have an out of status expired visa). thanks.
          USCIS will not require you to file tax returns. I can understand wanting to wait until your SSN is assigned before filing past year tax returns, to save you a layer of complications with the SSA in making sure your earnings are correctly credited to your SS record. However, if you are overpaid taxes in year 2014 (a common situation for workers with payroll withholdings), the IRS will only pay you out your refund if you file your return by April 15th 2018. If you don't expect to get you EAD and then your SSN assigned before the deadline, it might be worth the effort of filing that tax return now using your already-assigned ITIN, then later dealing with the SSA to make sure it gets correctly credited to your work record

          Comment

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