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Landy

Tax Filing Status??

By Landy in K-1 Fiance(e) Visa Process & Procedures

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Landy Contributor

Landy   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I am pretty sure I know the answer to this question but I hope I am wrong. :)

We're in the process of filing our K1. Lan's interview is scheduled for March 29 at the consulate

in Ho Chi Minh city. In 2005 we had our engagement and wedding ceremonies in Vietnam.

The wedding ceremony was just a ceremony, not a legal wedding (ie no official documentation

was generated).

Any chance I can file "married" when I file my income taxes for 2005? You could argue that are married

even though it is not official yet. At the least she could be considered a dependent, right?

I realize this might be a stretch but I'll be kicking myself if I find out I missed out on a way to save

on my taxes (so I have to ask)!

Kath Proficient

Kath   0

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

hi

thats a tough one...dont they need to legally married to you by 31st dec 2005 to claim her as your wife...

we did the same thing years ago but robbie has never claimed me theory being im not legally his wife...

you might have to contact the irs on this one....

good luck

take care

kath

REMOVING CONDITIONS

11th Aug 2008 - Mailed I-751 to CSC.

12th Aug 2008 - Application received

14th Aug 2008 - Cheque cashed

18th Aug 2008 - Received NOA-dated the 12th

26th Aug 2008 - Received Biometrics letter

4th Sept 2008 - Biometrics-Detroit-Complete-'Touched'

5th Sept 2008 - 'Touched'

1st Dec 2008 - APPROVED-Card production ordered -112 days

8th Dec 2008 - USCIS mailed approval notice.

8th Dec 2008 - Received my 10 year Greencard in the mail. took 2 days.

Although I have the above date for approval my card actualy states the

2nd December..

UmmSqueakster Experienced

UmmSqueakster   54

Posted
Filed: Citizen (apr) Country: Egypt
 Timeline
Posted

If you file as married, you're shooting yourself in the foot. K-1 is only for fiances, and I've heard tale that if the gov catches a wiff that you might be "married" legally or not, you won't be able to have your SO come here on a K-1. Also, I believe "married" per taxes must be legally. Gay couples who may be ceremonially married cannot file as married, and even though married legally by the state face a conundrum when filing federal taxes, since the federal government does view their marriage as legally binding.

I don't believe she's your dependant either. Of course, I'm not a tax professions. I would search the IRS website for more info.

10/14/05 - married AbuS in the US lovehusband.gif

02/23/08 - Filed for removal of conditions.

Sometime in 2008 - Received 10 year GC. Almost done with USCIS for life inshaAllah! Huzzah!

12/07/08 - Adopted the fuzzy feline love of my life, my Squeaky baby th_catcrazy.gif

02/23/09 - Apply for citizenship

06/15/09 - Citizenship interview

07/15/09 - Citizenship ceremony. Alhamdulilah, the US now has another american muslim!

irhal.jpg

online rihla - on the path of the Beloved with a fat cat as a copilot

These comments, information and photos may not be reused, reposted, or republished anywhere without express written permission from UmmSqueakster.

dalegg Experienced

dalegg   143

Posted
Filed: Country: Vietnam
 Timeline
Posted (edited)

I don't think so. If you're looking for a deduction just say you donated a bunch of money for Katrina.

Edited by dalegg

20-July -03 Meet Nicole

17-May -04 Divorce Final. I-129F submitted to USCIS

02-July -04 NOA1

30-Aug -04 NOA2 (Approved)

13-Sept-04 NVC to HCMC

08-Oc t -04 Pack 3 received and sent

15-Dec -04 Pack 4 received.

24-Jan-05 Interview----------------Passed

28-Feb-05 Visa Issued

06-Mar-05 ----Nicole is here!!EVERYBODY DANCE!

10-Mar-05 --US Marriage

01-Nov-05 -AOS complete

14-Nov-07 -10 year green card approved

12-Mar-09 Citizenship Oath Montebello, CA

May '04- Mar '09! The 5 year journey is complete!

kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

She's definitely not a dependent -- she's not even related to you (yet).

Don't file as married! You are obviously NOT married, and you may get yourself in trouble both with IRS (misrepresentation) and USCIS (how do you get a K1 approved, if you've indicated you're married?).

Saving some money on taxes is not worth it in your situation.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

 
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