|Subject: Re: tax status for K3 visa and tax amendments
||Posted on: Sun, 17 May 2009 20:48:50 -0800
> I m waiting for my my husband's K3 visa NOA2 in next 3 to 5 weeks.
> Unfortunately, I made an error on 2008 tax return filing it as single.
> Now, I m advised to file for amended return. My question is should I
> file as Married filing separate or Married filing jointly. And if I
> file it as Married filing jointly, can I still keep my earned income
> credit such as education expenses credit. Also, how long it takes for
> me to receive amended return and what to submit if I receive NOA2 in
> the meantime.
Well, this is more tax information than immigration information, but
generally married filling separately is better.
But there are problems -- she probably doesn't have a Tax
Identitification Number or a SSN. She'll have to get one before you do
so. If you do so, then you have to report her income as well.
I'm fairly sure that regardless of immigration you DO have to file an
amended return. Married filing separately is probably the easiest
adjustment to make.
Off hand I couldn't say whether you can keep the education expenses
credit or not. Really, what I'd do is take it into one tax prep
services and work with them. Shouldn't be more than a couple of
hundred max even if you have a fairly complex return.
By when will you receive your amended return, Iume that you mean
how soon after you file can you receive a copy of it from the IRS.
That's generally 6-8 weeks. Using a tax professional and filing
electronically may speed that up a bit.
Also, getting back to immigration -- the copy of the amended return
that you receive from a tax preparer MIGHT be accepted while you're
waiting on the copy from the IRS.