Income tax forms/previous joint filing

[sparkles_ 456]

Hey guys,

So when filing a k1, what does the petitioner do if some of the 3yr of returns were filed jointly with an ex-spouse?

I'm leaning to a k1 visa now, and my last 3 filing years were with me ex as required by the IRS's rules. The 2014 filing will be me alone. I was and am a fulltime student with no income since 2011, I changed my career path and decided to get a 2nd degree. I have a co-sponsor lined up who makes well above the 125%.

So what do I do? My technical income was zero for me alone, yet it was a joint filing up until this year. Again next filing in 2014 is the first year we will be legally able to not file together since we split around new year 2013 and didn't make some cut off rule.

Do I include the old joint tax transcripts and just note my zero income, or can I safely list zero and send an explanation letter and not include anything? Or does a joint filing mean my ex's income needs to be listed as mine in the income box (weird but I don't know).

Sorry if this is obvious but it isn't obvious to me!

[Love's JAA 100]

Hey guys,

So when filing a k1, what does the petitioner do if some of the 3yr of returns were filed jointly with an ex-spouse?

I'm leaning to a k1 visa now, and my last 3 filing years were with me ex as required by the IRS's rules. The 2014 filing will be me alone. I was and am a fulltime student with no income since 2011, I changed my career path and decided to get a 2nd degree. I have a co-sponsor lined up who makes well above the 125%.

So what do I do? My technical income was zero for me alone, yet it was a joint filing up until this year. Again next filing in 2014 is the first year we will be legally able to not file together since we split around new year 2013 and didn't make some cut off rule.

Do I include the old joint tax transcripts and just note my zero income, or can I safely list zero and send an explanation letter and not include anything? Or does a joint filing mean my ex's income needs to be listed as mine in the income box (weird but I don't know).

Sorry if this is obvious but it isn't obvious to me!

You could have filed a married-filing-separately return, but it's too late for that now (you can amend from a MFS return to a MFJ, but not the other way). So you will just have to give copies of the joint returns and include your income only on the affidavit of support.

The bigger issues are that you will be showing no income. I have heard others say that some consulates don't accept co-sponsors on K-1.

The other thing is, you just divorced this year and already are talking about K-1 6 months after divorce. When you say you split at New Year, I assume that is when your divorce was final. It might not be a bad idea to give more time to the relationship, and also to finish your school and have a job first.

[sparkles_ 456]

My no income thing should not be a hurdle from what I have read. The Cairo embassy accepts k-1 co-sponsors as well. I live in a ####### state that requires 12mo. of separation for a divorce to even be final so this relationship is not as new as I made it seem I think. Add to that a child custody battle and you can see why it took so long to get everything paper official

By the time I file (not planning to until early 2014 so we get more relationship time b/c you never know) I will have income, but it will only be a few months worth since it is right after graduation so I lined up the co-sponsor. Cairo sometimes requests one even if you make above the level or so I heard. I also have 2 kids and my salary wouldn't meet the 125% for 4 people as entry level either. I pretty much won't have any income for the prior years but will for the current year I file; I was asking about those other years and what I should do concerning them. Looks like I'll have to submit the joint returns because no one even bothered to clue me in to MFS option.

I think I totally misrepresented myself in the first post, sorry! I'm in no rush to file anything, just gathering info. for next year

Edited July 14, 2013 by beccabecca