Pls help. Filing Taxes questions

[iamtintontan 0]

Hello,

My husband filed his taxes as Single in the US. But we are already married. He was told that it's okay to file as Single since i am not in the US yet. However, i read in the visa journey wiki that he shouldnt file as single if he is married.

Is that true? Should my husband really file as married? Why was he advised to file as

Single even when they know that we are already married?

What happens if in his tax form it shows as single and not married?

Thanks so much for all your help.

[NigeriaorBust 4,087]

He could be subject to a rather large fine. The only filing status's he can chose from are married filing joint, married filing separate or single head of household if he has a qualifying dependent.

[mrskvelasco 30]

Yes, he should have filed MFJ or MFS, even if you are not in the US. Married is married, right? The person who told him that didn't know what they were talking about. Your husband can amend his return when you come to the US and get a SSN.

[Katherine93 30]

It depends. Do you have a SSN or ITIN? If you don't then it was not practical for him to file as married. What he could have done is to file a W7 along with his tax return to apply a ITIN number for you. I don't think it would become an issue and whenever you come to the US and get your SSN (assuming you don't have one right now), your husband can always file an amendment and add you to his return.

I used to work in the individual income tax field. I have had clients whose wife is in another country trying to come to America and did not have a SSN. What we did was exactly what I said above and it worked out fine.

Edited June 21, 2015 by Katherine93

[nilx25 18]

I don't think it is big offence. Youncan file as single because you didn't live with him more than 6 months. Your tax return is for financial support not for proving bonafied for marriage.

[mlh 93]

Do a search of VJ. There are tons of threads about this. He should have filed as married. Even if you don't have a SSN or ITIN, he could have filed Married Filing Separately, and put "NRA" in the field for your SSN.

I'm not familiar with the Manila Embassy, but there are some people that have posted on here about having issues/extra questions at their interview because of the Single status.

[afrocraft 313]

Doesn't it depend on when you got married? If a US person gets married after the tax year ended (on Dec 31, 2014), and so was single throughout the entire 2014 tax year, why should s/he file as married?

[apple21 953]

Hello,

My husband filed his taxes as Single in the US. But we are already married. He was told that it's okay to file as Single since i am not in the US yet. However, i read in the visa journey wiki that he shouldnt file as single if he is married.

Is that true? Should my husband really file as married? Why was he advised to file as

Single even when they know that we are already married?

What happens if in his tax form it shows as single and not married?

Thanks so much for all your help.

You'll be fine. My husband filed single too on his taxes. It was not an issue during my interview.

I arrived in the US Dec 2013, in Feb 2014 we filed our tax as married filing jointly. No issues whatsoever. No penalties either.

[Sukie 1,439]

This is a mistake that keeps happening over and over again - for two main reasons: 1) tax folk do not know or understand immigration and 2) common tax prep software does not allow a MFS or MFJ without a Social Security Number for a spouse.

If you are married, the IRS expects you to file MFS or MFJ. Period. No matter WHAT your tax guy or gal tells you, if you are married, it's MFS or MFJ.

Now, it's a common mistake, but it is easy to correct. The person who filed wrongly (the US Citizen) must file an amendment at some point. If you believe that the mistake will cost you your visa, then the US citizen should file ASAP. They will have to file a PAPER amendment. There is no way to file electronically if the spouse does not have a SSN or ITIN yet.

The non-US spouse needs to be ready to answer the question about filing singly at the interview - saying that the tax guidance the US spouse was given was incorrect, and that the US spouse has 1) either filed an amendment and you have a copy of the amended tax return or 2) the spouse will amend it as soon as you reach the US and you get a SSN.

For many of us, even WITH the mistake, the issue is never raised by the embassy/consulate. The issue WILL come up if the Case Officer or Immigration Officer has any doubts about the bona fide nature of your relationship, though. That's why it is best to have the US citizen spouse file an amended tax return as soon as possible.

A lot of people have made it through the process with the mistake. But don't take a chance, especially if you have heard your embassy/consulate is a stickler for this.

I will re-iterate: Most tax accountants DO NOT KNOW IMMIGRATION RULES!!!

Best of luck to you!

Sukie in NY

[iamtintontan 0]

Thank you, all!!

My husband will work on this first thing in the morning. Thank you so much. Need to amend it to MFS asap.

[CowBoE 429]

Definitely file as married as it complies to the law and it will help with your future processing,

but its not the end of the world if he didn't, he can easily submit amendment to change it.

[madtownguy 164]

He could be subject to a rather large fine. The only filing status's he can chose from are married filing joint, married filing separate or single head of household if he has a qualifying dependent.

You think he will get fined for paying more? I don't know why in this situation you wouldn't file as married and get the tax benefits, but to each their own. Some might argued not living together wouldn't count as a deduction but I would argue it would count as more as having a family with 2 locations is expensive.