I am writing to you in hopes that you can shed some light on our situation. I am not very familiar with US taxes or the IRS, so please bear with me.
My wife is preparing to submit our Adjustment of Status (AOS) and tax returns to the National Visa Center (NVC). However, we have noticed a few issues.
First, the most recent tax return that my wife has is for 2020-2021. We are just over the income threshold by about $200. Will this be a problem?
Second, we just realized that her accountant filed her taxes under her previous surname and as single. She was waiting for her new Social Security card to come in with her new surname. Are we okay to submit these taxes, or should we wait to get her taxes up to date for this year before we upload anything to NVC?
As a side note, we got married and I returned to the UK to wait out the I-130. Should this matter if my wife files married but separately?
I hope this makes sense. I apologize that I am not very knowledgeable about this process.
The fact that your wife’s most recent tax return is from 2020-2021 may not be a problem, as long as she also submits her tax return for the current year. However, it is always best to check with the NVC to be sure.
If your wife’s accountant filed her taxes under her previous surname and as single, you will need to get her taxes amended. You can do this by filing Form 1040X with the IRS.
The fact that you are living in the UK while your wife is in the US should not affect her ability to file married but separately.
That’s awesome!
Thank you so much for helping to clarify, this is super helpful.