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

[AnandBrian 0]

When I met my husband he was in the same process that your friend...he filled his taxes as married and with his ex.

We didnt have any problem during the K1 adventure, so I don't believe your friend will have some problems.

Only during our AOS interview they asked to my husband why he signed his divorce at the same day he sent the petition for K1, he told his story and they were living together, we have proofs of this...and everyhting went well.

[AngelAndJoy 22]

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

September 28, 2011: ex-wife entered motion to set aside Default Judgement

October 13, 2011: Divorce entered Default judgement

November 1, 2011: Court Hearing to Set Aside Default judgement. Both sides agreed that status of 'single' is maintained. Fight over alimony.

December 19, 2011: NOA1

Januray 28, 2011: got a letter from judge that Default judgement has been set aside the Default Judgement, but status of single remain

At this point, I am waiting for NOA2. I am going to assume that I am single and NOA2 will not be affected. I guess I will find out around late April, early May when I get my NOA2?

Since I was officially 'married' for 2011 until Oct.13, I am assuming I also need to put 'married' in my tax forms.

Since my status is 'single', I am praying I am OK (I did ask my lawyer if I can marry again, and she said 'yes', but I don't know about NOA2 criteria).

Thoughts anyone?

[Caryh 5,206]

If his state has a waiting period after divorcing before he can remarry, he better wait that out before he files for the K1. I've seen at least one person get denied over that with a K1.

[Caryh 5,206]

For the IRS you are single in 2011, not married. What matters is your status at the end of the year, not most of the year. You divorce could be final on January 31st, and that would make you single for taxes.

You will need a Certificate of Marriage Dissolution showing a date before you filed. If you were married more than once, you need one showing each marriage was ended. These are supposed to be included in the petition.

Edited March 13, 2012 by Caryh

[AngelAndJoy 22]

For the IRS you are single in 2011, not married. What matters is your status at the end of the year, not most of the year. You divorce could be final on January 31st, and that would make you single for taxes.

You will need a Certificate of Marriage Dissolution showing a date before you filed. If you were married more than once, you need one showing each marriage was ended. These are supposed to be included in the petition.

What I sent with the application was the Divorce Decree from California, stamped and signed stating the Dissolution on Oct. 13. I was asking others who had gone through the K1 process if that was the 'divorce papers', and they said 'yes', and so I am hoping they were correct.

I have not filed my Income Tax for 2011, and so thanks for the clarification that I should file Single (darn, I think I will get taxed more ).