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Tax plus immigration.. unknowingly did a mistake in tax and application

Cerritos, CA |

I am permanent resident of USA. In 2011 i got married in Nepal. My petition got approved last week. Mistakely while filing taxes on 2011,i filled as single. Now I need to submit affidavit of support to NVC for further processing. What do i do now? I just filed as single as when i tried to file as married they ask me for my wife ssn number or such and she didnt had it because she has never been to usa. Will my application be rejected by NVC for filing 2011 taxes as single? What do i do now.. please help will appreciate it...

Attorney Answers 4

Posted

You should speak to an immigration attorney in person. Good luck.

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.

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Posted

You can file an amendment but before you do anything, please schedule a consultation with an immigration lawyer.

This answer is for informational purposes only and should not be construed as legal advice.

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1 comment

Richard Gordon Stack

Richard Gordon Stack

Posted

As the other attorneys have mentioned, you have a "hybrid" tax and immigration issue. You will eventually need to file an amended return, claiming the correct tax filing status and you can file a joint return with your non-resident alien spouse. See http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident. The exact timing of that filing and the possible immigration consequences of your original incorrect return filing, however, is a matter that you need to discuss with an immigration attorney. Good luck!

Posted

Can file an amendment, but discuss in full with a local Cerritos immigration lawyer. Avvo has a terrific "find a lawyer" tool to find a top-rated attorney (10) within a couple miles from your home.

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Posted

As the other attorneys have mentioned, you have a "hybrid" tax and immigration issue. You will eventually need to file an amended return, claiming the correct tax filing status and you can file a joint return with your non-resident alien spouse. See http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident. The exact timing of that filing and the possible immigration consequences of your original incorrect return filing, however, is a matter that you need to discuss with an immigration attorney. Good luck!

The answer to this question does not establish an attorney-client relationship. Moreover, this attorney is licensed to practiced law ONLY in the State of California. Answers to questions from users in other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state to address their specific tax issue.

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