Taxes K-1 visa

[Noemi27 25]

1 minute ago, Sunnyland said:

OP,  can you be more specific? This thread is confusing already. Was the K1 visa interview approved already? If so, When? And when did you marry your fiance?

Yes it was approved February. We got martied 3 days ago.

[jskibo 588]

12 minutes ago, John & Rose said:

No they are NOT fine.  They are committing visa fraud.  K-1 is a fiance visa.  CR-1 is a spousal visa.  The way it is presented here is misrepresentation which best case is a visa denial and worse case is a permanent ban from any visa.

 

Maybe I am confused.  Your timeline shows that you haven't interviewed yet.  If you have already been approved and are married why are you worried about the taxes?  For AOS?  Sorry if I am reading this wrong.  I have to go by what your timeline shows but I see it is 4 months since NOA2

John

 

I'm assuming her K1 came through since December and they got married hence my statement on taxes

[Noemi27 25]

1 minute ago, jskibo said:

Just referring to the tax portion of this. 

 

If you were not married in 2017 you cannot claim him on the taxes you just filed (2017). You need to file an amended return that removes him as a dependent.  Don't delay filing that, if you end up owing money they will charge interest and penalties from the due date.  

 

You can't call to fix this

Can i do that online so it can get faster to them?

[jskibo 588]

1 minute ago, Noemi27 said:

Can i do that online so it can get faster to them?

The form is 1040x. I'm not sure as to online filing of that form as I haven't ammeded since 2001. 

[John & Rose 7,239]

Just now, Noemi27 said:

He got approved his in the U.s already his bisa was approved in feb. we got martied 3days ago. But i filled my taxes 2 weeks ago. I askec the lsidy she said it was okay. Now im scared.

Oh.  I thought you were still waiting on the approval and were already married.  That is my fault for not asking sooner.

 

As far as the taxes go, @jskibo is 100% correct.  Just file the amended return (it is pretty easy to do) and do it as soon as possible.  If you owe money they will start with the penalties, interest and fees on April 17.  You may have to give some money back but the quicker you file the less you will owe.

[Noemi27 25]

Okay yes so I filled my taxes april 1. We got married april 20. The amended should  be filled out online or through the mail?

[Ben&Zian 4,398]

10 minutes ago, Noemi27 said:

Okay yes so I filled my taxes april 1. We got married april 20. The amended should  be filled out online or through the mail?

 

Yes do amend them, as noted if you weren't married before end of 2017 you can't file as "married" or him as a depandant. 

 

You can amend them online depending how you did it. I used turbo tax and had to do an amendment do to issue with our company payroll in 2017 for 2016 taxes. I did it online, then had to print a form and mail it with a check for money I owed from the tax return.

 

If you did it with a "private" or personal tax person, they may need to help you with it.

Edited April 23, 2018 by Ben&Zian

[Noemi27 25]

5 minutes ago, Ben&Zian said:

 

Yes do amend them, as noted if you weren't married before end of 2017 you can't file as "married" or him as a depandant. 

 

You can amend them online depending how you did it. I used turbo tax and had to do an amendment do to issue with our company payroll in 2017 for 2016 taxes. I did it online, then had to print a form and mail it with a check for money I owed from the tax return.

 

If you did it with a "private" or personal tax person, they may need to help you with it.

I still dont get any money should i wait for the money and then do it?

[Ben&Zian 4,398]

4 minutes ago, Noemi27 said:

I still dont get any money should i wait for the money and then do it?

That's something I'm not totally familiar with in sense of what would happen if you amended them before receiving the return. I received the return then amended it after and just returned the money back that was owed.

 

It's not a "Scary" process so don't worry. Was simple. They just send you back a receipt saying you paid the balance owed and such, no phone calls, no IRS office meeting. Nothing like that.

[Brian&Larissa 73]

Noemi27

Below are 2 links to help you out.  The first is the instructions for the 1040X.  The second is the actual form.

Read the first and then complete the second.  From what I see, you will have to mail them in.  The state you live in and associated address where to mail is the bottom of the first link.

 

https://www.irs.gov/pub/irs-pdf/i1040x.pdf

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

[Artemis4321 0]

he Has a social security num?  Anyway just amend your return to correct the error. They will be you for any taxes you owe. And f don’t have the money they will do a repayment plan

[ekim 10]

You have 3 years to file an amendment return (1040x) from the original filing. The original and amendment returns are two separate process and I believe you will mail the amendment for both Federal and state (not sure if they have online).

[John & Rose 7,239]

1 hour ago, ekim said:

You have 3 years to file an amendment return (1040x) from the original filing. The original and amendment returns are two separate process and I believe you will mail the amendment for both Federal and state (not sure if they have online).

Yes but she will have to return some of the refund and that amount will have interest starting on April 17, 2018.  The sooner the better.  

 

Personally, I recommend filing the 1040X now and include a check for the difference in the refund.  That way she can keep the entire refund when it shows up and she will save on the interest.

Edited April 24, 2018 by John & Rose