K1 Visa & taxes

[CharlieTshiab 66]

I understand there's a whole other section for tax questions but I thought this might be best asked here.  Move if not permitted admin...

 

I'm a Feb 2018 filer.  I know I'll be needing proof of income and tax returns once my petition gets approved.  My question is I've found some mistakes in past taxes and may want to amend them.   At least 2015 and 2016 returns.  Not huge mistakes but mistakes that would result in a better return for me.  I know if I go ahead and amend them now, it will not be processed for several months.  I have sufficient income to sponsor my beneficiary but don't want my amending tax situation to affect my petition when I need to present copies in 5-6 months.  And amending several returns may result in an audit, which I'm not worried about except only if it affects my petition.

 

Anyone have similar situation?  Advice?  I think I can still amend these taxes next year if I need to but wanted to do them sooner then later.  Again, I would rather wait if this in any way would effect my petition.  

[chi6488 93]

The CO is not a tax expert.  Leave things alone if you make sufficient income with the mistake.  If you have the time then correct it but personally I would leave everything alone.

 

This is my thought process and by no means an expert on immigration matters but you might be making a mountain out of a mole hill.

[CharlieTshiab 66]

Thank you for your response @chi6488.  You might be correct about "mountain out of a mole hill" but my fiancee and this petition is the most important thing to me at this time so I didn't want to make any changes or corrections, especially where the government is concern, that may jeopardize my fiancee and I being together.  I don't know how difficult this process is going to be or how long it will take so I just want to limit any delays or possible denial of visa.  

[payxibka 10,044]

3 hours ago, CharlieTshiab said:

I understand there's a whole other section for tax questions but I thought this might be best asked here.  Move if not permitted admin...

 

I'm a Feb 2018 filer.  I know I'll be needing proof of income and tax returns once my petition gets approved.  My question is I've found some mistakes in past taxes and may want to amend them.   At least 2015 and 2016 returns.  Not huge mistakes but mistakes that would result in a better return for me.  I know if I go ahead and amend them now, it will not be processed for several months.  I have sufficient income to sponsor my beneficiary but don't want my amending tax situation to affect my petition when I need to present copies in 5-6 months.  And amending several returns may result in an audit, which I'm not worried about except only if it affects my petition.

 

Anyone have similar situation?  Advice?  I think I can still amend these taxes next year if I need to but wanted to do them sooner then later.  Again, I would rather wait if this in any way would effect my petition.  

Do the amendments increase or decrease your income?

[WandY 430]

You need to have correct tax filings. I find it interesting that you say "I found some mistakes..." What does that mean? You don't use a CPA? That's a mistake.

 

I had a very interesting interview in HCMC because of my tax filings. In fact, other than a large age difference, my taxes seemed to be the most important thing to the CO. I made plenty of money, but had several different sources of income that piqued the curiosity of the CO. Thank God I was at the interview and was able to explain the situation and had the paperwork to prove my situation. They knew EVERYTHING about my finances.

 

My question: Why would amending your return(s) have any bearing on the visa? If you have enough money, it shouldn't matter. But what matters is that you are good with the IRS. My sister is a federal tax CPA and she is always adamant that I am 100 percent cool with the feds. Why? Because they share info among themselves.

 

Based on my experience in Vietnam, you should amend your taxes to get straight with the IRS. If you make enough money, who cares? What are you worried about? Take your amended paperwork with you. It doesn't take 5 months to show up. Everything is electronic - it takes a few days, not months. Not sure why you think it takes a long time. It doesn't.

 

Go to the interview. If you go, you'll be OK. Don't go, it's a ####### shoot.

 

Good luck!

[CharlieTshiab 66]

Thanks @payxibka and @WandY

 

The mistake is just filing status change that would increase my return.  So nothing major.  My taxes are pretty simple as I have either filed married or single.  Since I'm now divorced, I filed married filing separate in 2015 & 2016.  But I was told I can file head of household as my mother lives with me all those years.  I've never used a CPA as my taxes have always been pretty simple.  It was just the divorce that complicated things.

[Ksenia_O 695]

On 4/6/2018 at 11:35 PM, WandY said:

 

Based on my experience in Vietnam, you should amend your taxes to get straight with the IRS. If you make enough money, who cares? What are you worried about? Take your amended paperwork with you. It doesn't take 5 months to show up. Everything is electronic - it takes a few days, not months. Not sure why you think it takes a long time. It doesn't.

 

Go to the interview. If you go, you'll be OK. Don't go, it's a ####### shoot.

 

Good luck!

It doesn't take 5 months, right, but it takes up to 6-8 weeks for IRS to process amended Tax Return - it cannot be filed electronically, only by mail. 

 

[Ksenia_O 695]

46 minutes ago, CharlieTshiab said:

Thanks @payxibka and @WandY

 

The mistake is just filing status change that would increase my return.  So nothing major.  My taxes are pretty simple as I have either filed married or single.  Since I'm now divorced, I filed married filing separate in 2015 & 2016.  But I was told I can file head of household as my mother lives with me all those years.  I've never used a CPA as my taxes have always been pretty simple.  It was just the divorce that complicated things.

So, you were still married in 2015 & 2016, right?... 

 

If you were still married and just didn't file a joint return, then your "qualifying person" for HOH filing status should have been your child (step/foster child). Not a parent. So, if you don't have any kids - there is nothing to amend.

But if you were legally separated on the last day of the Tax year, and you paid more than half the cost of "keeping up a home", then yes, your mom was a Qualifying person for HOH status. 

Edited April 9, 2018 by Ksenia_O

[CharlieTshiab 66]

Thanks for your response @Ksenia_O

 

I think I read somewhere, amending a return can take up to 3/4 months and yes, you have to mail it in.  I just didn't want to hold up the petition in any manner possible.  

 

Thanks for all you responses.  I will have to ponder on this some more.  Probably best to wait till after.