Tax return for I485

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NIWnew

Registered Users (C)
Hello:

I am planning to submit I485 (based on EB1 or NIW). Should I submit three years' tax return and W2 at the same time? I took Earned Income Credit (EIC) $246 at 2003 because I have a US kid, shall I report it as receiving public assistance on part 3 line 2 in 485? I am little worry about it. I am thinking to fill 1040X and return this money back to IRS. Do you think if it better for my greencard?
Many thanks for your kind suggestions and input.
 
NIWnew said:
Hello:

I am planning to submit I485 (based on EB1 or NIW). Should I submit three years' tax return and W2 at the same time? I took Earned Income Credit (EIC) $246 at 2003 because I have a US kid, shall I report it as receiving public assistance on part 3 line 2 in 485? I am little worry about it. I am thinking to fill 1040X and return this money back to IRS. Do you think if it better for my greencard?
Many thanks for your kind suggestions and input.
Click to expand...

You are not required to submit tax returns with your I-485. You will have to do so if you receive later Request for Evidence asking you to submit tax documents. It is far from 100% guarantee that you even will be asked for this. As a general rule, do not send any papers unless you are asked to do so.
As for your other concern, my understanding is that tax refunds/EIC are not considered a public assistance. It's the money you are getting back from your federal taxes that you have already paid. If I am wrong, let other people correct me here.

The best of luck!
 
EIC is not considered as public charge, so don't worry
Also, I have a little bit different opinion, submitting materials that will "possibly" be asked will save the time for the "possible" RFE, why not then?
 
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