F-1 OPT, taxes and AOS background check

[Bramb90]

I just recently found out that for 2 years I mistakenly filed taxes through turbotax when I wasnt supposed to. A school accountant told me to but she was obviously not aware of the difference between residents and non-residents. I'm afraid that me filing taxes as if I were a resident could mess up my background check. What do I do now?

 

[Britsimon]

I just recently found out that for 2 years I mistakenly filed taxes through turbotax when I wasnt supposed to. A school accountant told me to but she was obviously not aware of the difference between residents and non-residents. I also won the green card lottery and in a couple months I will start the process to adjust status. I'm afraid that me filing taxes as if I were a resident could mess up my background check. What do I do now?

Hopefully Sm1smom will see this and comment. I can't see it being an issue as long as it doesn't suggest that you were out of status for any of that time. Assuming you were abiding by the rules, and the mistake is purely about taxes, then I don't see the issue.

 

[newacct]

You can amend your taxes, up to 3 years after the tax's due date.

 

[Fiefia]

After 5 years being in the US you are considered a resident for tax purposes.

I just recently found out that for 2 years I mistakenly filed taxes through turbotax when I wasnt supposed to. A school accountant told me to but she was obviously not aware of the difference between residents and non-residents. I'm afraid that me filing taxes as if I were a resident could mess up my background check. What do I do now?

 

[OnTheGo]

Just read this thread, made a Google search and found this, all in 2 mins:
http://www.isso.cornell.edu/tax/taxfaq.php#20



[h=3]I just realized that I completed my taxes incorrectly because I used turbotax and it created RESIDENT forms for me when I am really a NON-resident for U.S. federal tax purposes, what should I do now?[/h]Any international who is a NON-resident for tax purposes should NOT file tax returns using TURBO-tax because it does not complete the NON-resident forms for you.
If you realize now that you filed the taxes incorrectly, follow these steps:

• If you filed resident forms and you should have filed NON-resident forms, log in to our software and complete the forms correctly and print them out with the Windstar instruction sheet.
• Download a 1040X form from the IRS website
• Download the instructions for Form 1040X
• Complete the sections on what you did do and what you should have done.
• Attach a copy of the incorrect form AND a copy of the correct form that you printed out from the WINDSTAR software.
• Mail it to the address listed on the WINDSTAR instruction sheet.
• If you have any questions while you are using the software, submit your question on the windstar website.

 

[Britsimon]

I'm pretty sure the OP understands the mistake and probably knows how to correct the mistake (although that link/info is very useful OTG).

However, the concern was whether the mistake would cause problems for the DV AOS interview.

 

[OnTheGo]

the concern was whether the mistake would cause problems for the DV AOS interview.

I know...lol. I don't think anyone can give a definite answer, other than someone who had the exact same issue and then had their AOS interview. I guess the tax filing error needs corrective action, nonetheless, so if the question is if this might have an adverse impact on the interview outcome, then my gut feeling says that it is very unlikely, as even if it became revealed that an error had been made, the fact that it has been corrected prior to the interview should satisfy any concern.

A bit more common sense and less fear please. LOL (you know what I mean, Simon.. )

 

[Britsimon]

A bit more common sense and less fear please. LOL (you know what I mean, Simon.. )

Quite!

 

[Sm1smom]

I just recently found out that for 2 years I mistakenly filed taxes through turbotax when I wasnt supposed to. A school accountant told me to but she was obviously not aware of the difference between residents and non-residents. I'm afraid that me filing taxes as if I were a resident could mess up my background check. What do I do now?

1. Take the necessary steps and amend your previous tax filings.
2. You should consider not including your tax returns with the I-485 package when you send in your application. But be sure to take them to your interview when the time comes and explain the filing error if the IO requests for the tax documents.

The tax documents may not be closely scrutinized or even requested for during a GC interview. On the other hand, a mean IO could decide to make an issue out of it (especially if he/she is having a crappy day) and accuse you of claiming to be a PR when you were not. But it's rare. Having said that though, it is important you try to rectify this because they pay a lot more attention to things like that during citizenship interview. I believe they go back and also review the documents submitted at the time of the GC application itself.