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F1 Visa - AOS but 1098-T filed twice ..Help!!!!

Discussion in 'Individuals' started by floatingpoint, Nov 17, 2011.

  1. floatingpoint

    floatingpoint Junior Member

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    I am an international student on F1 Visa (entered 2006), I had filed 1098-t twice and IRS sent me $1000 each time(2009 and 2010), I am about to go through change of status marriage-based(paperwork not yet filed).

    My college send me 1098-t form without asking. so I filed it through turbo tax but the 1098-t form never asked me to choose immigration status, like are you a citizen,PR, etc.
    So i DO NOT believe I claimed US citizen for any benefit, since the form had not option to choose and US PR are also eligible for this form. Am I right?

    So is this going to affect me negatively? Do IRS and USCIS exchange information? will they find out that I had filed 1098-t?..any help will be very appreciated. Please help!!!!!!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 Visa - AOS but 1098-T filed twice ..Help!!!!

    You need to consult with an experienced immigration attorney before you do anything else. This is a very serious issue.
     
  3. Roy Vargis

    Roy Vargis Super Moderator

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    Re: F1 Visa - AOS but 1098-T filed twice ..Help!!!!

    While you are on an F1, you should be filing an 1040NR. Check if that was the case. You may have to amend your returns to get things right.
     
  4. floatingpoint

    floatingpoint Junior Member

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    Re: F1 Visa - AOS but 1098-T filed twice ..Help!!!!

    Thank you Ron and Roy for your help. I do not work so I never had to file 1040NR or anything. Also while I was filing 1098-T it never asked for me to choose my immigration status or anything.It was an honest mistake.

    Is there any ramification for this? Do USCIS check every applicant IRS information? Also Is there any penalties to amend my return like deportation? Is it too risky?
    Also my wife is my sponsor on I-864.

    Your suggestion will be very helpful for me.
    Thank you
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 Visa - AOS but 1098-T filed twice ..Help!!!!

    You need to amend your return in order to comply with the law. If you do so promptly upon discovery of your mistake, then it is far less likely that you will have an immigration problem should this come to light.
     
  6. floatingpoint

    floatingpoint Junior Member

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    Re: F1 Visa - AOS but 1098-T filed twice ..Help!!!!

    Thank you so much Ron. I appreciate your desire to help for so many people everyday.
     
  7. cristacherish873

    cristacherish873 Junior Member

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    Re: F1 Visa - AOS but 1098-T filed twice ..Help!!!!

    I'm fairly certain that all government agencies have access to records. You need to make certain everything is on the up and up and tell the truth.
     

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