stumac76

I have my interview next Wednesday for my green card. My wife and I have been gathering all the documents we can that are listed on the paper that was with interview details. My only question is how important is it that we show receipts for "major purchases?" We haven't made any major purchases as there was no need to. We have a holiday planned for the week after the interview, but for the most part we are trying to save money not spend it. Will that be something that raises a red flag?

Also any tips you could give on what to bring, what evidence would be beneficial, or what to expect it would be much appreciated.

Noorah101

No need to show any major purchases. Show proof of your joint life together and co-mingling of assets, if you have it. Bring tax returns showing filed in the married category. Photos of you together, if you have them.

Rene

ian-mstm

No... because there's no requirement to purchase anything.


Since we don't know what you have, it's difficult to suggest what to bring. How about you list what you have (so that we don't have to guess) and if anything is missing people can tell you.

As for what to expect - there are a lot of interview experiences posted. There's a handy search feature near the top right of each page. I suggest a bit of research on your part. Here's something that might help though... there are no trick questions!

Ian

stumac76

I didn't file a tax return for last year as my wife and I were advised that it was not necessary since I did not earn any income in the United States, we have been in the States since the end of August 2015 and I didn't start working here until April of this year. A tax professional advised that it wasn't necessary and would make more paperwork and would only have a very little effect on the return.

We do have:
-photos of the wedding and a video of the ceremony

-a photo album of special events since we've been here

-a lease agreement for our home (the utilities are in our landlord's name, but our bank statements show that we make the utility payments directly to the respective companies)

-life and health insurance through my wife's employer, dental and vision insurance as well

-a checking and savings account in both our name's

ian-mstm

Hopefully, your wife filed a tax return as "married".


It'd make more paperwork for him, yes! He wasn't doing you a favor!


Not necessary - your marriage certificate proves you're married... and they'll never look at the video.


This won't hurt, but it likely won't be of much help. Take it anyway!


Good!


Good!


Good!

Ian

stumac76

She filed single because that is what the tax professional told her would be easiest since I wasn't being included on the return. Will this be a problem? Should she file an amended return changing to "married?"

Rete

Have her file an amended return asap. She lied on the IRS return as she is married. Don't understand why your tax preparer would tell her to file single.

Her standard deduction is higher filing as married, filing joint, even without your having an income. Means she would have paid less taxes and gotten a larger tax refund.

USCIS needs to see that you and she filed a return stating "married" whether or not you have income. Many households only have one income but you must file in the category that fits you. She is not single.

Personally, I would not take that return to the interview. Might make them wonder what else you are lying about.

ian-mstm

Yes - and it could be quite a serious one... not only with US immigration but with the IRS also.


Yes - immediately... get it filed tomorrow so that you can have proof of that prior to your interview.

For future reference - take your taxes someplace else... because the person you used is a complete idiot. In fact, if you have his contact information, report him to his superiors.

Ian

stumac76

She is on turbo tax now doing an amended return. It can't be e-filed but we will overnight it to the IRS. We in no way intended to do anything wrong, we assumed that as a professional he was giving us accurate information. Thank you for the information. I can only hope that this mistake doesn't cost us next week.

stumac76

I have another question, I want to make sure we get this right. Should she select "married filing joint" or "married filing separate" since I have no earnings to report?

Also, the "tax professional" advised us that it was not necessary for me to file a 1040NR as I had not been in the States very long and I had received my final paycheck from my former job in England before we left England. Is this accurate?

ian-mstm

So long as you have proof that the amended return was filed, you'll be fine. However you send the amended return, make sure it's trackable so you have proof of delivery. The IRS doesn't actually need to process it, but you'll want proof that it was received. The officer might not even ask about the taxes (and don't volunteer anything unless specifically asked), but if he does ask you can explain what's happened and that you've filed an amended return.


For US immigration purposes it won't matter. Generally, you'll get increased deductions if you file jointly rather than separately - which means less overall tax payable (and perhaps more money back).


You wouldn't have needed a 1040NR anyway - because you're not a "non-resident alien". You most certainly are resident... and have been since August 2015. The term "resident" for tax purposes is completely different from the term "resident" for US immigration purposes. It's a shame your tax guy didn't know that.

The US taxes you on your worldwide income... so what usually happens is that you include your UK income at the beginning of the tax return (because you did earn income during the year even if it wasn't in the US) and you then subtract it out later on because you've already paid tax on that income.

From a US immigration point of view, this won't be a show stopper and the amended return will fix things - but you really don't want to screw around with the IRS... they can make your life miserable!

I really hope we didn't scare you too much - this is easily fixable, and you have time to fix it.

Ian

stumac76

Thanks for your help. The whole US tax system scares me, I never had to deal with anything like this in England. We will certainly get this corrected. I wish we'd asked advise on here sooner!

MidAtlantic

You should stop referring to him/her as a tax professional, that is clearly not the case.

Rete

But then again, you weren't a new immigrant to the UK. US taxes are straight forward. There are few hidden nuances in doing them and Turbo beats out so called professionals almost all the time unless you have huge amounts of interest, debits, etc. All you and your wife need to remember is that you complete all government forms truthfully.

MidAtlantic

I disagree. In the UK there are right and wrong answers to the vast majority of tax questions. Also for those in regular employment with the "normal" bank accounts, savings, pensions etc there is no need or requirement to complete a tax return. For at least the last 10 years I was there I never completed a return.

Here in the US that is not the case. Most people have to complete returns and there is often no direct IRS answer to a wide range of questions. Ask two "tax professionals" and get three answers is not unusual.

So to Stumac I say, you are not alone!