Effect of Changing Tax Filing Status After Divorce/Annulment

[bholabhala]

Thats was an abortion. Yes it is legal, no doubt about it, but right after getting her conditional GC, she went and aborted the child. What happened to the 'Marriage Entered in Good faith'? If she entered marriage in good faith, why would she abort our child?

She also has falsified information on her passport. Name and Place of birth falsification. The recording was obtained legally.

[Mr. Knowitall]

The tax ramifications of amending past tax returns are something for you to evaluate based upon your tax software, the advice of your accountant, or a similar analysis.

Amending your tax returns will not change the nature of any marital or non-marital property under Texas family law.

The court may grant an annulment of a marriage to a party to the marriage if:

(1) the other party used fraud, duress, or force to induce the petitioner to enter into the marriage; and

(2) the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.

[Dogmatique]

Sigh. I think you need to speak with an attorney.

The trouble is, very often the US citizen petitioner is also held to be guilty of fraud. The abortion has absolutely no bearing on anything at all.

If you actually got her and her mother to voluntarily state - while they both knew they were being recorded - that the sole reason for the marriage was for her to obtain immigration benefits, you need to take the recording to an attorney. If you do get the marriage annulled, again you'll have to amend certain tax returns.

You may also end up owing the IRS money.

[bholabhala]

Both of these are true

The tax ramifications of amending past tax returns are something for you to evaluate based upon your tax software, the advice of your accountant, or a similar analysis.

Amending your tax returns will not change the nature of any marital or non-marital property under Texas family law.

[Dogmatique]

...but again, if the marriage is annulled you MUST amend any married returns you've filed within that time period mentioned earlier.