Cat Person

Hello,
So, in 2013, a US citizen filed a petition for a K1 visa, but within 2 months, we started seeing we were a bit too different. The lesson is, we should take maybe a year or two of knowing someone well before considering something serious. And even then...
Anyway, he withdrew the petition before it was accepted/denied, and that was it. On my side, I never filed anything myself afterwards in that process, and that petition was over.
Now, on a US tax return, it asks "Have you ever applied to be a green card holder (lawful permanent resident) of the United States?"
What should be my reply?

Pulaski

The general implication of a green card application is that it would either be "approved" or "rejected". Therefore if the K-1 application was withdrawn at the initial petition stage, without ever reaching the stage where it would be reviewed for approval, or rejection. then I would say that the whole application was void, especially if you never submitted anything. .... So short answer "no", you have not applied for a green card.

Cat Person

Thank you for your reply. That was my reply, but I had some doubts.

One more question: the same tax return asked, "Have you ever changed your visa type (nonimmigrant status) or U.S. immigration status?"
In 1995, I did change from a tourist visa to an F1 permit 5 months later (not an F1 visa because I was already in the country). This was a change of status, I believe.

My accountant now tells me that that question is only for the last fiscal year. But the "ëver" in the question entails anytime in my lifetime. So, which one is it?
He choose "no", and reviewing the return before submitting it, I didn't pay close attention to that question and approved the return as is.

If I'm correct, should I amend the return because of this, or wait until next year's return and then reply to it correctly.
Maybe I'm overthinking it, but I try to be truthful especially in important forms.

Thank you in advance.

Rete

The K-1 is for a visa not for a green card. You would have been applying for the right to enter the US for the purpose of marrying a USC and remain in the US to file for adjustment of status .

Therefore, no a green card was not applied for.

S Folinsky

I think that this thread demonstrates that the terms may be perceived as ambiguous. When combined with the idea of “no harm, no foul” the problem is on the small side approaching non-existence.

From a technical standpoint, the K-1 process is a “petition” followed by “applications.” A famous case (to immigration lawyers) is Ghaly v INS addresses the division in matter of standing. The footnotes are of interest. The University of Illinois petitioned for Dr. Ghaly. The gymnastics are interesting to give Dr. Ghaly standing in the University’s petition.

So, OP has good questions.

newacct

You must be talking about form 1040-NR Schedule OI item C. The instructions for that item says:
So clearly, it is referring to an Adjustment of Status application (I-485), or an immigrant visa application (DS-230/DS-260) as part of Consular Processing. You never did either of those.

Cat Person

Yes, Item 7C, if I'm reading it correctly. Thank you.

Any idea about my other doubt regarding, "Have you ever changed your visa type (nonimmigrant status) or U.S. immigration status?", in which in 1995, I changed from tourist visa to F1 status, but I did not include that in the same return this year. My accountant wrote, "no", and told me to relax and that the question is only for the last fiscal year

Should I amend it because of this detail, or can I wait and include it in next year's return? And will the change from one year to the next cause problems? It was so long ago that I really didn't think of it until yesterday.