I listed my status as "single" on my Federal Tax Returns while Married

[Rebecca 2014 3]

Hi Everyone!

I have a question and hopefully someone can help me. I live overseas with my husband while we’re going through NVC visa process (I’m the petitioner for my husband’s visa). At the moment we are waiting for an interview date (Thank God we are almost over!).

Now I’m stressing over the taxes that I completed at the beginning of October. I chose to file as “single” because my husband does not have ssn, he is not a resident moreover I did not change my last name yet. From my understanding, I have to be in the Unites States to change my name. Unfortunately I haven’t been to Unites States in the last 1 year and a half because I wanted to return to U.S with my husband. We didn’t want to stay separated while waiting for his visa.

After I completed the taxes, a friend of mine told me that I wasn’t supposed to file as “single” and that I can get in trouble for doing so. I’m super scared now, thinking that we are going to face problems at the interview. I’ve made a mistake but What should I do now? I wanted to amend my taxes and file the 1040X form and change the filing status from “single” to “married filing separately”. Even so, it wouldn’t be correct as I will have to use my husband’s name. IRS will not be able to recognize my other name as we got married overseas. Can I use my old name and file as married? That does not make sense ….Should I amend my taxes after he is in the U.S and after I change my name on all my documents? Should I keep everything the way it is and explain the whole thing at the interview? I will be accompanying my husband to the interview.

I’m freaking out now…This process took so long already and I hope the embassy will not delay my husband’s visa or deny it. Can someone help me out with an advice please? I would greatly appreciate it!

[AnnaMaria 68]

Send in a 1040x amended tax return now and make sure he has a copy of the amended tax return in case the IRS doesn't process it before the interview?

[Lorvin 45]

I can't speak to as what you should do, but I can tell you that married people with different last names can file as "married" on the same return or you can also file as "married filing separately."

[AnnaMaria 68]

I am married and living overseas with my wife and although I filed Married Filing Separately on my tax return, I made several errors because of lack of tax assistance and after research and advice I found out I wasn't even required to file.

I filled out a 1040x Amended tax return and mailed it in as soon as possible and I had the 1040x printed to submit with my AoS paperwork. I would suggest (just personal suggestion) you file Married Filing Separately, where it asks for your spouses info you should write NRA (Non-Resident Alien) for all of their information. The reason you need to file Married Filing Separately is because in order to file Jointly your husband would need an IITN from the IRS and I think that takes several weeks to create, if not longer. An IITN is basically a tax number for non residents/citizens so that they can report their income as taxable to the IRS.

[Rebecca 2014 3]

Thank you guys for your answers! I 'm going to amend my taxes and give a copy to my husband.

[LoveMyTico 999]

I don't file married because my husband's its not here yet. I was approved by the nvc without a problem. Was your aos approved by the NVC? If so, I would leave it alone and just file married when you come back to the states. You have a co-sponsor, right?

Edited October 28, 2014 by LoveMyTico

[jaiyen17 6]

I also filed "MFS" on my 1040 and then wrote in "NRA" for my husband with no SS# as he's still in Thailand. We're in the middle of the CR1 process. You're on the right track to amend it now. It doesn't seem like it should cause a problem for you.

Edited October 28, 2014 by jaiyen17

[Ryan H 3,790]

***Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.***

**Moderator hat off**

I don't file married because my husband's its not here yet. I was approved by the nvc without a problem. Was your aos approved by the NVC? If so, I would leave it alone and just file married when you come back to the states. You have a co-sponsor, right?

The only thing I'm correcting in this post is semantics. The NVC does not approve anything, they only process forms and issue checklists if necessary. Whether or not an Affidavit of Support is accepted is at the Embassy or Consulate.

[Rebecca 2014 3]

Hmmmm just like I said in the first post - my last name is not changed yet. I will have to go to the SSN Office in U.S for that. I'm in Romania now. How can I amend taxes with my old name in it? If I file my taxes as “married filing separately” It does not make sense to put my old last name in it because I'm married...my last name is different. I will have to put my new name. The IRS does not know my new name yet. Is it right to file with my old name and put married? I’m confused…. I cannot change all my documents with the old name from Romania…Maybe is better to leave it as it is and not amend my taxes? Maybe I should write an explanation letter and give it to my husband at the interview? I will be at the interview as well and I can explain in person …I’m still not sure what’s the right thing to do in this situation…

[Ian H. 207]

Even if you may don't have issues getting the I-864 approved, if the taxes say single instead of married, you would still be lying to the IRS. The only people who can be considered "unmarried" for tax purposes while legally married, but not physically living with their spouse, are those who are eligible to file as head of household. The fact that a spouse lives abroad, doesn't mean the person should file as single, either you file as MFS, MFJ, or HOH. Hope this helps.

Edited October 29, 2014 by Ian H.

[Rebecca 2014 3]

I understand your point but what name should I use when I amend my taxes? My old name or my new name?If I use my old name it does not make sense to me as I will be listed as " married" therefore I should use my new name. If I use my new name, the IRS will not recognize it as I did not change my documents yet.

Edited October 29, 2014 by Rebecca 2014

[Ian H. 207]

If you haven't changed your name with the SSA, you must use your maiden name otherwise the IRS won't be able to verify you. Once your name is changed with the SSA, you can file your taxes in your married name from then on.

[Rebecca 2014 3]

So I should list myself as "married " and use my maidan name.

Thank you!

[Ian H. 207]

You can file as married filing separate, or if you have a qualifying dependent child, you can file as head of household.

[Rebecca 2014 3]

Sounds good. Thank you!