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Advise about the I-864 and a tax return

Advise about the I-864 and a tax return

Old Apr 11th 2001, 7:06 am
  #1  
Budman
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I am needing some good advise as to how to handle this situation.

In early 2000, I filed a joint tax return with a lady friend. We were never married,
we were just good friends. Well I have to provide my last three years tax returns to
the Consulate with my Spousal 130 visa petition and the 864 affidavit of support.

Since we were never married, what is this going to do? What can I say if they ask
about this? One thing is that I filed it as a on-line PC file format through Turbo
Tax. The printed documentation is very ugly and maybe they won't look at it. I am now
working in a good job and that year I had made only a little money being totally self
employed. Will they go over the tax forms if I am financially sound?

I hope to marry and file in Moscow later this year. So I have a little while to get
something straightened out.

I really hope that this is not going to be a major issue.
 
Old Apr 11th 2001, 12:20 pm
  #2  
RJLiles
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You have a bigger problem. You committed income tax fraud because you can not file a
joint return unless you are married.

If you show then this return they will then want to see your divorce papers from your
"previous" marriage. And you will have a hard time explaining and proving that you
were in fact not married.

Your best bet at this time is to file an amended return with the IRS, pay what ever
penalty may be involved, and get that whole mess straightened out. You will more then
likely have problems later on down the road so it is best to get this straight before
you start thinking about bringing someone else into your life.

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Old Apr 11th 2001, 12:52 pm
  #3  
Alvena Ferreira
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RJLiles wrote:
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RJ is correct, see this URL from the IRS:
http://www.irs.gov/prod/forms_pubs/pubs/p50401.htm

Basically you have to be married to file jointly. I gave an incorrect answer to this
same poster on askme, and cannot locate the askme post to make the correction, but am
making it right here and now.

alvena
 
Old Apr 11th 2001, 1:11 pm
  #4  
RJLiles
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[usenetquote2]> >[/usenetquote2]
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Wooohoooo, final I got one right!!!
 
Old Apr 11th 2001, 3:58 pm
  #5  
mj
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No kidding. It won't take you long to look some stuff up that shows you may have more
trouble than you think, depending on what state you are from. I just used "common law
marriage tax returns" on the trusty WebFerret.
http://www.atmp.org/common-law-marriage.html http://www.aaml.org/common.htm The
second is legal references about common law marriage in Texas (which I use as example
only, I do not mean to imply you are affected by this).

Filing joint tax returns is prima facie evidence that the parties have agreed to be
husband and wife. Day v. Day, 421 S.W.2d 703, 705 (Tex.
Civ. App. -- Austin 1967, no writ).

Do a bit of research, and figure out where you stand, depending on what state you are
from, and determine if you need to either get honest with IRS, or get a legal
divorce. Mike
 
Old Apr 11th 2001, 11:21 pm
  #6  
Rete
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ROTFLMAO & PIMP
 
Old Apr 12th 2001, 12:21 am
  #7  
Budman
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I will have to file an amended return. The lady and I were good friends and still
are. She is now married. No problem filing amended though.

I will start them tonight.

Thank you for the quick reply, and the linked references.

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[usenetquote2]>>I am needing some good advise as to how to handle this situation.[/usenetquote2]
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Old Apr 12th 2001, 12:22 am
  #8  
Budman
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Thank you for the reply. I will start tonight on the amended returns.

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[usenetquote2]>> I am needing some good advise as to how to handle this situation.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> In early 2000, I filed a joint tax return with a lady friend. We were never[/usenetquote2]
[usenetquote2]>> married, we were just good friends. Well I have to provide my last three years tax[/usenetquote2]
[usenetquote2]>> returns to the Consulate with my Spousal 130 visa petition and the 864 affidavit[/usenetquote2]
[usenetquote2]>> of support.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Since we were never married, what is this going to do? What can I say if they ask[/usenetquote2]
[usenetquote2]>> about this? One thing is that I filed it as a on-line PC file format through Turbo[/usenetquote2]
[usenetquote2]>> Tax. The printed documentation is very ugly and maybe they won't look at it. I am[/usenetquote2]
[usenetquote2]>> now working in a good job and that year I had made only a little money being[/usenetquote2]
[usenetquote2]>> totally self employed. Will they go over the tax forms if I am financially sound?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I hope to marry and file in Moscow later this year. So I have a little while to[/usenetquote2]
[usenetquote2]>> get something straightened out.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I really hope that this is not going to be a major issue.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
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