Does ITR has baring?

[frostysoftyeaton 6]

Hello guys!

A friend of ours just met his fiancee in the Philippines last month. Everything went well. He is bound and determined to have her here this year, but there will be some hindrances along the way. These are the things that he is most concern of: He is still on the process of his divorce, so he cannot really file for a fiance visa, unless it is final - He is aware of this. Second, he filed his tax as married this year since he is not divorce yet, the question is, if and so, the divorce will be finalized, is there a baring on the tax paper he filed as married if he submits the divorce paper along with it when he files for the fiance visa? or does he have to wait next year to file as single?

I hope somebody could enlighten this concern.

Thanks

[Leatherneck 693]

No he does not have to wait until (next year 2013) he files a tax return denoting 'single' as his filing status. Based on the date on divorce decree, it'll be obvious the divorce was finalized after the tax return was filed. The date on the divorce decree is more important, not the filing status on the tax return.

For purposes of the K-1 petition, the divorce decree has no impact ("no baring") on the previously filed tax return. At the consulate level, the tax return is to show proof of income and that tax returns were filed. Whereas the divorce decree proves he is legally free to marry.

Edited March 13, 2012 by Leatherneck

[brian_n_phuong 193]

No he does not have to wait until (next year 2013) he files a tax return denoting 'single' as his filing status. Based on the date on divorce decree, it'll be obvious the divorce was finalized after the tax return was filed. The date on the divorce decree is more important, not the filing status on the tax return.

For purposes of the K-1 petition, the divorce decree has no impact ("no baring") on the previously filed tax return. At the consulate level, the tax return is to show proof of income and that tax returns were filed. Whereas the divorce decree proves he is legally free to marry.

[frostysoftyeaton 6]

Thanks so much. I will let him know about it.

[Leatherneck 693]

You bet!