Big Mess / Tax return filed Married but Not married Oh boy !

[belandchris 0]

OK , in 2010 i was living with my XGf and had one child, We filed married joint on a tax return, I live in Texas its a common law state. I found out that the xgf was married still from previous marriage and had a previous drug problem and failed to tell me. We basically filed joint married to get more money back on the refund....Well 2013 is here , I have full custody of the child and filing a K1 for my fiancee in the Phils, I am not legally married to the x and never had a civil wedding with her. Well I am about to file my K-1 visa papers any day now, but I'm worried that I will be flagged as married by the USA. They could ask me for divorce papers but , guess what , There are none , since we were never married just on that one tax return it says married. And you can have a legal marriage if your spouse is married to another guy at the same time. ALL of my w-2 say single, my last 2 tax returns (2011 - 2012) were all single head of household.

I think I can fix this with a amendment maybe or maybe I have to hire a CPA to correct this mess but I am afraid this could stop or process dead in its tracks Im not sure ...Any one have any Ideas what to do ?

[Umka36 781]

Get your tax return amended ASAP. Be aware that if you receive any refund that you are not entitled to, that you will have to repay it back plus any interest and penalties. You can do the amendment yourself or have a CPA do it, but I would probably chose the later.

[belandchris 0]

Get your tax return amended ASAP. Be aware that if you receive any refund that you are not entitled to, that you will have to repay it back plus any interest and penalties. You can do the amendment yourself or have a CPA do it, but I would probably chose the later.

from what I hear I cant amend a tax return from Married to single , You only can go from Single to married ? if this is the case then I need to hire a Cpa. I have NO papers from a divorce since there never was a marriage, so I have to have something to prove that im mr. single ...frustration

[NigeriaorBust 4,087]

You cn amend your return to correct any errors including filing status. You will owe money plus penalties. You might qualify for single head of household based on the child.

[y3ll0w 0]

Yeah, I would amend those tax papers... and... check to see if you actually have to submit 2010's tax returns at that consulate. I only was required to submit 2012's but I threw in 2011's because most other people in my fiance's country were doing that (it's what the cool kids were doing).. but they never required 2010's... and in the adjustment of status you don't HAVE to submit the last three year's returns, although they can request those at any time. Just know what you have to submit and what is option/beneficial.

[Umka36 781]

from what I hear I cant amend a tax return from Married to single , You only can go from Single to married ? if this is the case then I need to hire a Cpa. I have NO papers from a divorce since there never was a marriage, so I have to have something to prove that im mr. single ...frustration

You would have been fine filing married under common law since Texas recognizes it (I assume you never filed a certificate with the court?), but the problem is that your ex was still married which invalidates this. Your case is complicated, and I highly recommend you get a CPA or tax attorney to sort this out.

Edited October 26, 2013 by Umka36

[EndlessStory 53]

Tax fraud, need someone who is tax expert on this.

[makulit909 4]

The USEM interview packet only requires the current ITR. If your ITR last year says single and met the poverty guidelines then you should be fine. Also, it is much safer to include a signed Letter of Employment which will show that you have been in the company for years, stable, full time, and a decent pay. However, you still have to fix it because you will be required to show 3 years of ITR as supporting docs for I-864 when your fiancee file for AOS here in US. Then, you might get in trouble.

[Seyfeneva 7]

Hi

I have a question about tax returns, I am filling out my I-134 and want to know if i need to include my 2012 tax returns because i filied as married at the time and now i am not so it show what we made as a married couple but now i am single and it will be totally different. Can I just use my family support that is way above the poverty line and my employment? I also have a savings account that is decent amount and two timeshares that can be sold for a good deal of money. Any advice is welcome.

Thank you

[sparkles_ 456]

The IRS has tax advocates. I would think about making an appointment, and start explaining and amending with their help. I've had to fix a tax return and ended up paying $1500 for a simple mistake. Surprisingly the IRS workers are pretty nice about helping you get your filing corrected and even offered me a payment plan but I declined.

Edited October 26, 2013 by beccabecca

[NigeriaorBust 4,087]

If you filed your 2012 as married ( who did you list as your spouse ??? ) be expected to either show a divorce from that spouse or be denied a K1 if you listed your partner as your spouse.

[srloring13 12]

OK , in 2010 i was living with my XGf and had one child, We filed married joint on a tax return, I live in Texas its a common law state. I found out that the xgf was married still from previous marriage and had a previous drug problem and failed to tell me. We basically filed joint married to get more money back on the refund....Well 2013 is here , I have full custody of the child and filing a K1 for my fiancee in the Phils, I am not legally married to the x and never had a civil wedding with her. Well I am about to file my K-1 visa papers any day now, but I'm worried that I will be flagged as married by the USA. They could ask me for divorce papers but , guess what , There are none , since we were never married just on that one tax return it says married. And you can have a legal marriage if your spouse is married to another guy at the same time. ALL of my w-2 say single, my last 2 tax returns (2011 - 2012) were all single head of household.

I think I can fix this with a amendment maybe or maybe I have to hire a CPA to correct this mess but I am afraid this could stop or process dead in its tracks Im not sure ...Any one have any Ideas what to do ?

If I recall correctly, filing Head of Household, would have gotten you a higher standard deduction than Married Filing Jointly. Especially if you supported the child and meet the requirments to claim him/her as a dependent. You can also make an inquiry with the IRS and have them send you a response in writing as to what you should do.

[Hank_ 9,174]

OK , in 2010 i was living with my XGf and had one child, We filed married joint on a tax return, I live in Texas its a common law state. I found out that the xgf was married still from previous marriage and had a previous drug problem and failed to tell me. We basically filed joint married to get more money back on the refund....Well 2013 is here , I have full custody of the child and filing a K1 for my fiancee in the Phils, I am not legally married to the x and never had a civil wedding with her. Well I am about to file my K-1 visa papers any day now, but I'm worried that I will be flagged as married by the USA. They could ask me for divorce papers but , guess what , There are none , since we were never married just on that one tax return it says married. And you can have a legal marriage if your spouse is married to another guy at the same time. ALL of my w-2 say single, my last 2 tax returns (2011 - 2012) were all single head of household.

I think I can fix this with a amendment maybe or maybe I have to hire a CPA to correct this mess but I am afraid this could stop or process dead in its tracks Im not sure ...Any one have any Ideas what to do ?

USEM is NOT going to care about your 2010 tax return... stop worrying. USEM in their instructions letter for the K-1 state they want the most recent tax return and W-2, currently that would be 2012, very soon it will be 2013. They do NOT want three years of tax returns, they will not accept three years of tax returns even if you tried to hand them to the CO. You are fine. Every heard the saying - let sleeping down lay?

Now filing as married in 2010 and not actually being married could be an IRS issue.

[belandchris 0]

SO when i file the process for k-1 they will not see that i filed married in 2010 and not ask " where is your divorce papers ? it wouldn't hurt to fix the papers anyway I think i will let it ride , but fix the tax return to correct the mistake I dont want be connected anyway to the x

[JaniceDave 0]

What I would do is FIRST correct your tax "issue" with the IRS

file 1040X amending the original return claiming you were single and pay any tax due.

You should verify this though.

Then when that is settled order a tax return from the IRS to show the original and amended returns.

I don't know how to prove "singleness" -- that might be an attorney question.

.