maximus76

my friend receintly got married, and her husband USC previous two years (2001 and 2002, when he had another girlfriend) had filed his taxes with his ex-girlfriend jointly, showing that as if they were husband and wife, but they weren't (just to get more money back)
anyway, now he is married to my friend and she was what to do, because husband is going to be her affidavit of support, and obviously they need to send copies of tax returns from last 3 years.
could anyone suggest what to do?
thanks in advance

lpdiver

Make sure he also has copies of his W-2's to show what part of the "joint income" is his.

Leslie

I don't think that's going to go very far towards remedying the fact that he lied on his tax returns in order to commit fraud.

sdmansour

they are probably going to want to see a divorce decree too. he better amend his taxes and pay his share to fix this problem.

maximus76

well, now that is hard to happen...

PS: congratulations on your green card!
how is happened that you received real gc without conditional first? in which cases it happens? thanks

sdmansour

to amend the taxes is not difficult to do...that is of course unless the money is not available to pay the differenc...and then again you can work out a payment arrangement. keep in mind that there will be penalties and interest too.

no the green card my husband received was one with conditions since we havent been married for more than 2 years. if we had, there would have been no conditions and he would have gotten a 10 year green card. nonetheless, we are happy to have everything completed til dec. 2005

jeffreyhy

max,

Interesting situation.

At my wife's and stepson's recent K3/K4 visa interview my wife was given a 221g refusal for an incomplete application. The doctor who gave her and her son their medical exams had neglected to answer the question about pregnancy on the 2 year-old boy's medical exam form (the doctor had felt it was obviously not appropriate in the boy's case). The attorney I consulted observed that this incident goes to show how carefully embassy personnel scrutinize the visa application documents.

If your friend's visa interviewer reviews her application as carefully as my wife's application was reviewed, the interviewer will likely be interested to know about her husband's missing divorce certificate and why the previous marriage was not revealed on the I-129f petition...

Regards, JEff

Mtravelkay

jeffreyhy wrote:
    > max,
    >
    > Interesting situation.
    >
    > At my wife's and stepson's recent K3/K4
    > visa interview my wife was given a 221g refusal for an incomplete
    > application. The doctor who gave her and her son their medical exams
    > had neglected to answer the question about pregnancy on the 2 year-old
    > boy's medical exam form (the doctor had felt it was obviously not
    > appropriate in the boy's case). The attorney I consulted observed that
    > this incident goes to show how carefully embassy personnel scrutinize
    > the visa application documents.
    >
    > If your friend's visa interviewer
    > reviews her application as carefully as my wife's application was
    > reviewed, the interviewer will likely be interested to know about her
    > husband's missing divorce certificate and why the previous marriage was
    > not revealed on the I-129f petition...
    >
    > Regards, JEff
    >

I think they might be able to resolve this by him filing corrected
returns and pleading to IRS to not penalize him too much. This way, it
seems the correct status will show up in the transcripts... they would
hope...
Sounds like someone needs an attorney (or two, the other for IRS)

lpdiver

Hard to get divorced if you've never been married.

maximus76

i guess, he will have to pay whatever he tried to hide...
thank you guys

Mrtravelkay

maximus76 wrote:

    > i guess, he will have to pay whatever he tried to hide...
    > thank
    > you guys
    >

And penalties, possibly including the one for filing a frivilous return.
(unless they decide to prosecute him for what appears to be fraud)

Dekka's Angel

The tax code does NOT permit amendments changing a joint return to a separate one. Once you file jointly you stay joint - because the tax code conditions joint and several tax liability on the tax return itself. Trust me, the amendment he would need to clean this up is simply not permitted under the IRC or the regulations to it.

Time to speak to a lawyer, IMO.

P.S. What state is your friend in? Better make sure he hasn't created evidence of a common law marriage if his state has them - for which legal divorce would be required - just trying to save a few tax bucks.

maximus76

P.S. What state is your friend in? Better make sure he hasn't created evidence of a common law marriage if his state has them - for which legal divorce would be required - just trying to save a few tax bucks. [/QUOTE]

my friend and her husband are in TX,
ok, if he doesn't want to re-file and pay tax he supposed to pay, and I am not sure about laws in TX, can they still file everything for AOS, and fix other problems later, during the process?

jeffreyhy

max,

As others have already told you, your friend needs an attorney. Maybe two attorneys. Maybe three - immigration, tax, and family.

That gambit to cheat the tax man may turn out to be costly.

Regards, JEff

Mrtravelkay

jeffreyhy wrote:
    > max,
    >
    > As others have already told you, your friend needs an attorney.
    > Maybe two attorneys. Maybe three - immigration, tax, and family.
    >
    > That
    > gambit to cheat the tax man may turn out to be costly.

I am sure there must be away to invalidate the bad returns and file new
ones, but this is beyond the scope of 1040X and may take quite awhile.
In the meantime, I guess he could try convincing the consulate that he
really wasn't married, before fixing the tax issue, but I don't see them
granting the visa very quickly on this one. I think the best way to
handle this would be to clear up the tax return issue with IRS before
proceding down the visa path.