Tax returns

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tapskap

Registered Users (C)
I am on H1 and have married a USC who is a student.My wife works parttime.
I came to the US in 2004 and met my wife.We went around for a year and only got married in 2005 Nov.

Secondly, I have sent I 864 A to meet the minimum income requirement along with my tax returns as follows:

Me:
Tax Year 2004 - Filed as Head of HouseHold with my wife as a dependant on me.- My uncle who is a CPA did this.
Tax Year 2005 - Joint with my wife.

My wife:
Tax Year 2003 - Filed as Single
Tax Year 2004 - Filed as Single
Tax Year 2005 - Joint

I hope that filing Head of HouseHold (for 2004) doesnt get me into trouble.Because we started living together only in 2005.

Should I file an ammended tax return for 2004 and file as a single and then carry it in my interview?
 
During 2004 she was your dependant?
The most important thing on the I-864 is that you meet the 125% over poverty level and when you were married if you file your taxes as married not single.

Not sure if I answer your question...I mean by your post your doubt is about if you filed correctly your tax return for 2004, which in this case is not about an immigration thing is more about a tax issue.

Good luck,
 
tapskap said:
Head of HouseHold with my wife as a dependant on me.
Click to expand...

I think not sure, that you need to own the house to file Head of house hold.

Second, I don't think, not sure, anyone can file wife as dependent...
 
USCIS only requires that you file the most recent tax return. So if you have the 2005 tax copies you could go ahead and use that and not send in 2004. Bring the transcripts with you, but the USCIS officers are not IRS agents so I wouldn't worry about it either way.
 
Thanks a lot for the replies cherr1980,icman and Homermn2001.I have already submitted my application.I was worried that officer may just object to the fact that I filed in as a "Head of the HouseHold" with my wife dependant on me (for 2004) when actually we were not married.But as Homermn2001 says,they only require the most recent Tax Return.

One more thing.I am done with my FP a month back but there is no update in my application status online..."We have received...BLAH BLAH".
Its the same for all the three I 485, I 130 and I 765.Wonder if they will update the status as ..."FP done ...."

One more
 
Thanks cherr1980.She was not officially dependant,but my uncle(CPA) said that I can claim her as a dependant by filing "Head of HouseHold" since INS doesnt check if we are living together.
 
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