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

[r9dblanco 1]

Rebecca 2014. I filed Single the past two years because my wife was not here in the US. I went thru the whole process without a problem. My Friend also did the same thing and everything went well for her as well. If your spouse lives outside the US and has No Social Security/Green Card Yet I think that the Goverment will not punish anyone if they choose to file single.

Like I said, I filed single and my wife got approved on October 08th 2014.

[Rebecca 2014 3]

Congrats on getting approved!!! I keep hearing mixed views....I guess it can be a problem but it depends on the person who does the interview?Many people were just fine without making changes to their tax return just like you. Thanks for sharing!

Edited October 29, 2014 by Rebecca 2014

[Ian H. 207]

Yes, plenty of people do that (file single) while married and they don't have an issue getting the visa approved. The problem is with the IRS. The thing is that apparently they never find out. Usually the worst that can happen is penalties and interest. I'm not aware of prosecution, but someone who intentionally misrepresents themselves on their taxes is committing perjury.

In my case, I had two dependents so I was able to be considered unmarried and eligible to file as head of household, otherwise I would have filed jointly or married filing separately because I didn't want to owe anything to the IRS, let alone the fear of getting the visa denied based on my taxes being incorrect.

[NYR_Fan 1]

I recently went through this, here is what you need to do in regards to tax purposes.. Your spouse does not need a SSN, his information will all fall under yours.

File the 1040X, attach a note saying: I am treating (Spouse Name) as a US Resident for Tax Purposes for the Tax Year 20_ _;

Then Spouse write, on the same note: I am letting (US Citzen's Name) treat me as a US Resident for Tax Purposes for the Tax Year 20 _ _;

Then, both sign and date.

This allows you to file Married Filing Jointly, and mail them in, 1040X.

Filing Single, is a common error, no biggie, on the 1040X there should be a place to explain. Hope this helps

[XXXYYYZZZ 20]

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."

There is nothing wrong with different last names on a tax return for married people.

[XXXYYYZZZ 20]

You should have filed applying using your maiden name as you haven't changed with Social Security. Also you should have filed the return with an ITIN application which is only half a page long application. Or you could have just written NRA in your spouses SSN space on the return. I couldn't do this as my state requires and SSN or ITIN for state taxes.

At this point if I were in your position I wouldn't worry about it. It's been accepted by the NVC and I'm sure there will be no issue at the interview. You get back to the US and when you correct your name and your spouse gets the SSN file an amended tax return.

People who file single pay a high tax rate than married. The IRS is not going to came after you only to give you a refund. They like people making these kinds of mistakes.

Edited October 29, 2014 by XXXYYYZZZ

[pmandeep 1]

I had filed my taxes as "Single" and did not know I should have done "Married but filing seperately". One of my Uncle is an immigration agent and files paperwork for other individuals so I consulted him about it and found out that my file is about ready to leave NVC and should be in its last stages as well and he advised me to just leave it as it was and not to worry about it. I do not mean to jinx it for myself or give you false hopes that it will work. My uncle has acted as an agent for thousand's of couple and he advised me to just wait and let it be. So for now I will take his word for it and hope that my wife gets her Visa soon.

[Gosia & Tito 199]

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!

You do not have to have same name as spouse to file married. I'd ammend to show as filing married and just keep record of it. What will matter is that your SSN is correct, even with your new name.

[Rebecca 2014 3]

I see..Thank you guys for your reply! I really appreciate your input . I also wanted to ask if anyone knows when NVC will start scheduling interviews for December. I called NVC a couple of days ago and they told me that they stopped scheduling people for November. I really want to be with my family for Christmas…

ps: I got case complete on Oct 23^rd.

Priority date is November 1st.

Edited October 30, 2014 by Rebecca 2014

[Rebecca 2014 3]

I see..Thank you guys for your reply! I really appreciate your input . I also wanted to ask if anyone knows when NVC will start scheduling interviews for December. I called NVC a couple of days ago and they told me that they stopped scheduling people for November. I really want to be with my family for Christmas…

ps: I got case complete on Oct 23^rd.

Priority date is November 1st.

I just called NVC. I got the day of the interview!

It's December the 10th!!!!!!!

[abg 25]

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!

Do not change anything. If asked at interview inform CO that you will amend return when spouse arrives and gets a ss number so the IRS can refund you the excess tax you paid. You have three years to correct and amend your taxes.

Edited November 6, 2014 by abg