Taxes K-1 visa

[Noemi27 25]

Okay so when my fiance went to the interview for his k-1 visa i peovided my dads taxes because i didn’t have mine. I just did my taxes this month and i put my fiance as my dependent is that wrong? Is that a problem?

[jskibo 588]

Since you are not married you cannot claim him as a dependent.  Might want to correct that not only for immigration, but also for the IRS

[Californiansunset 332]

10 minutes ago, Noemi27 said:

Okay so when my fiance went to the interview for his k-1 visa i peovided my dads taxes because i didn’t have mine. I just did my taxes this month and i put my fiance as my dependent is that wrong? Is that a problem?

Not only is that considered tax fraud but it can raise questions during your fiance's (later spouse) immigration journey whether you were already married at the point when your fiancé got the K1. Whether it is at the AOS interview (Greencard) or later citizen interview, they often catch those kind of things.

 

Why would you think you can put your fiancé who isn't even living with you as a dependent anyways?! You might want to fix that...

[Ben&Zian 4,397]

Like above, there are only some extreme circumstances where a fiance can be considered a dependant. Amend them and pay back any un-owed money. They will notify you once you amend your taxes if money is owed back to them or not. This will be better for you and your fiance if it is corrected now rather than having to explain later.

[John & Rose 7,237]

2 hours ago, Noemi27 said:

Okay so when my fiance went to the interview for his k-1 visa i peovided my dads taxes because i didn’t have mine. I just did my taxes this month and i put my fiance as my dependent is that wrong? Is that a problem?

I strongly suggest you fix that right away.  Finances are not legal dependents and this can be considered both tax fraud and if the DOS gets wind, possibly even be seen as visa fraud.  If the you use him as a dependent it can be inferred that you are stating you are married.  

Now that April 17 is passed, you will need to show 2017 taxes or the extension form.  The downsides here greatly outweigh the upsides and Mexico does look closely at financials.

 

[Noemi27 25]

3 hours ago, jskibo said:

Since you are not married you cannot claim him as a dependent.  Might want to correct that not only for immigration, but also for the IRS

But im already married. 

2 hours ago, Californiansunset said:

Not only is that considered tax fraud but it can raise questions during your fiance's (later spouse) immigration journey whether you were already married at the point when your fiancé got the K1. Whether it is at the AOS interview (Greencard) or later citizen interview, they often catch those kind of things.

 

Why would you think you can put your fiancé who isn't even living with you as a dependent anyways?! You might want to fix that...

He’s living with me we got married already? Is that still a problem?

[Californiansunset 332]

3 minutes ago, Noemi27 said:

But im already married. 

He’s living with me we got married already? Is that still a problem?

But you guys got married and are living together now in 2018, correct? The taxes you filed are from the year 2017, when he was living in Mexico and received later his K1 visa. Next year when you file the taxes you can file the taxes with him together. 

[jskibo 588]

6 minutes ago, Noemi27 said:

But im already married. 

He’s living with me we got married already? Is that still a problem?

Well then using the term fiance is what is causing the confusion.  Better to say spouse, fiance means not married yet

 

If you were married in any part of 2017 then you're fine.  If the marriage happened in 2018, then you still have an issue

 

 

[John & Rose 7,237]

11 minutes ago, Noemi27 said:

But im already married. 

He’s living with me we got married already? Is that still a problem?

If you are married and are filing a K-1, that IS visa fraud and you risk more than just a denial.  If USCIS believes you filed a K-1 with either knowledge or intent to marry before the process concludes that may be considered misrepresentation and can be a 5 year to a possible permanent visa ban.  

 

If you are married, cancel the K-1 and file the CR-1.  You will never get approved for a K-1 if you are married.

[John & Rose 7,237]

11 minutes ago, jskibo said:

Well then using the term fiance is what is causing the confusion.  Better to say spouse, fiance means not married yet

 

If you were married in any part of 2017 then you're fine.  If the marriage happened in 2018, then you still have an issue

 

 

No they are NOT fine.  They are committing visa fraud.  K-1 is a fiance visa.  CR-1 is a spousal visa.  The way it is presented here is misrepresentation which best case is a visa denial and worse case is a permanent ban from any visa.

 

Maybe I am confused.  Your timeline shows that you haven't interviewed yet.  If you have already been approved and are married why are you worried about the taxes?  For AOS?  Sorry if I am reading this wrong.  I have to go by what your timeline shows but I see it is 4 months since NOA2

Edited April 23, 2018 by John & Rose

[Noemi27 25]

9 minutes ago, jskibo said:

Well then using the term fiance is what is causing the confusion.  Better to say spouse, fiance means not married yet

 

If you were married in any part of 2017 then you're fine.  If the marriage happened in 2018, then you still have an issue

 

 

So should i call irs ans tell them and explain them the mistake? 

6 minutes ago, John & Rose said:

If you are married and are filing a K-1, that IS visa fraud and you risk more than just a denial.  If USCIS believes you filed a K-1 with either knowledge or intent to marry before the process concludes that may be considered misrepresentation and can be a 5 year to a possible permanent visa ban.  

 

If you are married, cancel the K-1 and file the CR-1.  You will never get approved for a K-1 if you are married.

Should i call irs and tell them that was a mistake? Do you know what number i can call?

[John & Rose 7,237]

4 minutes ago, Noemi27 said:

So should i call irs ans tell them and explain them the mistake? 

Should i call irs and tell them that was a mistake? Do you know what number i can call?

Where are you in the process?  Is the interview over?  Has the K-1 been approved?  Honestly, I am more concerned about the visa fraud than the taxes.  Visa fraud can potentially keep him out of the states legally forever.  The taxes are temporary and since you are married he can be considered a dependent.

Edited April 23, 2018 by John & Rose

[Sunnyland 639]

OP,  can you be more specific? This thread is confusing already. Was the K1 visa interview approved already? If so, When? And when did you marry your fiance?

[Noemi27 25]

4 minutes ago, John & Rose said:

Where are you in the process?  Is the interview over?  Has the K-1 been approved?  Honestly, I am more concerned about the visa fraud than the taxes.  Visa fraud can potentially keep him out of the states legally forever.  The taxes are temporary and since you are married he can be considered a dependent.

He got approved his in the U.s already his bisa was approved in feb. we got martied 3days ago. But i filled my taxes 2 weeks ago. I askec the lsidy she said it was okay. Now im scared.

[jskibo 588]

5 minutes ago, Noemi27 said:

So should i call irs ans tell them and explain them the mistake? 

Should i call irs and tell them that was a mistake? Do you know what number i can call?

Just referring to the tax portion of this. 

 

If you were not married in 2017 you cannot claim him on the taxes you just filed (2017). You need to file an amended return that removes him as a dependent.  Don't delay filing that, if you end up owing money they will charge interest and penalties from the due date.  

 

You can't call to fix this