1040 NR or 1040

T

toolong

Registered Users (C)
Hi,

My boyfriend has been in the country for less than 5 years on H1 and has been filing 1040 NR in the past few years. A CPA friend warned him that he could be in trouble when RFE is requested. Now, he is really concerned and is thinking about doing a 1040x but not sure if that will help. Expert, please help out! He has been paying over $20K taxes every year it would be sad if his gc gets rejected because the wrong form he uses.

thanks!
 
not paying taxes might be a problem but as long as you have filed something, the correctness of it will not be dealt with by uscis. i am sure they trust irs to worry about correctness.

anyways, he shd be filing the returns retrospective, because 1040 is "normally" less tax than 1040.
 
From a tax perspective he should be filing the 1040, and not the 1040 NR, since if he is living in the US for that long, he is a resident (albeit a resident alien), and not a 'non-resident'.

I'm not sure why the USCIS should care as to what he was filing as long as he has stamps in his passport to back up his claim of being resident for AOS purposes. Which is why I believe the RFEs ask for the W2, to just check whether or not the individual is getting paid as per the requirements of the LC/140.

The tax liability has got less to do with the tax form being used, than it has with deductions(esp if you're itemizing). The 1040NR I believe is a little easier to fill out than the regular 1040, since it asks for less information. But if he is using the services of a CPA (or any tax software), he should not care about the extra effort involved in preparing the 1040, and ask the CPA to prepare the same.

K
 
If he is not doing itemized he do not need CPA. He can do it on his own it is pretty simple.
He may require filing amended 1040 for previous years.
 
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