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  • Tax filing & status.... help!

    I thank in advance for those who can share suggestions/experience of my situation. Here goes...

    I'm out of status but am in the process of hoping to get my status rectified. I'm currently awaiting a recommendation (hopefully a favorable one)from the State Dept. to get my J1 2yr residency requirement waived. The waiver is based on the No Objection letter from my home government.

    My concern is tax filing. The basic gist of the process that my lawyer told me is this... I need to get my back taxes all prepped and ready to file upon word from the State Dept (hopefully a favorable recommendation) and file my taxes as I file the i485 with the INS.

    My accountant told me considering my case, my wife (USC) and I should file for a tax extension and hopefully file my and our taxes once I hear something from the State w/in the tax extension deadline.

    My question is this: what happens if I don't hear anything from the State as the extension deadline approaches? Should I just go ahead and file everything (my past tax years and my joint 2002)?Would I need this tax extension? I heard from a tax preparer that I won't need to file an extension. The last thing we need is to get further into financial problems considering all the fees and what not I'll have to deal with. I know I'm already knee deep with penalties and interests I will owe, and I'm ready to deal with that. I just don't want to jeapordise myself and my wife by trying to do the right thing. Thanks for your time.

  • #2
    I thank in advance for those who can share suggestions/experience of my situation. Here goes...

    I'm out of status but am in the process of hoping to get my status rectified. I'm currently awaiting a recommendation (hopefully a favorable one)from the State Dept. to get my J1 2yr residency requirement waived. The waiver is based on the No Objection letter from my home government.

    My concern is tax filing. The basic gist of the process that my lawyer told me is this... I need to get my back taxes all prepped and ready to file upon word from the State Dept (hopefully a favorable recommendation) and file my taxes as I file the i485 with the INS.

    My accountant told me considering my case, my wife (USC) and I should file for a tax extension and hopefully file my and our taxes once I hear something from the State w/in the tax extension deadline.

    My question is this: what happens if I don't hear anything from the State as the extension deadline approaches? Should I just go ahead and file everything (my past tax years and my joint 2002)?Would I need this tax extension? I heard from a tax preparer that I won't need to file an extension. The last thing we need is to get further into financial problems considering all the fees and what not I'll have to deal with. I know I'm already knee deep with penalties and interests I will owe, and I'm ready to deal with that. I just don't want to jeapordise myself and my wife by trying to do the right thing. Thanks for your time.

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    • #3
      You can file for extention, there is no harm. If IRS ever asks for penalty, you can explain them that you did not had SSN, that is why you did not file Taxes.
      Good luck.

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      • #4
        Thanks for your reply Umesh. I'm not worried about the penalties IRS will impose on me, I'm ready to take care of that. I've had my SSN# during the time anyway. As mentioned in my original post, the timeline/recommendation given to my lawyer is this: I should have my back taxes prepped and ready to file once we get a favorable recommendation from the State Dept that I can start filing for my i485.

        The issue here is I don't know when I'll hear from the State Department. With the tax deadline only a few days away, I know I won't hear anything from them. Even so, what am I to do if I don't hear from the State as the extension deadline approaches? Would I jeapordise myself if I file on the deadline? Again, I'm not worried about penalties, I just want to know what my options are without putting myself in jeapordy. Thanks!

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