Tax return filing status

[awards 0]

Hello,

My husband and I got married in March this year, and he filed his 2015 tax return as single (because he was single in 2015).

But I was reading this NVC wiki and it says you CANNOT file tax returns as single.

http://www.visajourney.com/wiki/index.php/NVC_Process

I don't see the point of filing his tax return as married when we weren't married that year. Does anyone know what to do?

Thank you!

[Dal&Rose 45]

You cannot file as single in the year you married. He wasn't marred in 2015, so he filed correctly - as single.

When taxes are due in 2017 between January-April for 2016 tax year, he will file as married or married filing separately.

Nothing else to worry about.

I married on Dec 16, 2015, filed married even if only for the last 15 days of the year was I married - applies to whole year. It was also very nice tax return since husband's income didn't count since it was foreign earned.

[awards 0]

Thank you so much!

My husband's income is also foreign earned and what did you put I-864 " Anuual current Income" question? Did you just put $0 because it's not earned in the states?

I'm sorry for an addition question:(

[Dal&Rose 45]

I didn't include my husband's income on the i-864 since it was excluded. My income is within the states so I put mine down - as was on my taxes since Feds counted it.

The questions are specific in which areas to look on the tax return to answer.

[awards 0]

Okay, in our case my husband is the petitioner and his income is foreign earned. I probably just should put $0...

Thank you so much for your help!

[pushbrk 12,094]

The question of filing status comes up every year, it seems. While it is not strictly correct to file as single for a given year if you were married at the end of that year, the result is over-payment of taxes, for which there is no penalty.

I married in December, 2005 and filed single for that year anyway. After my wife and her daughter were here, I filed an amended return concurrently with application for their ITINs.

EXCEPTION: If you are employed by the IRS, the penalty is losing your job, even if you overpaid your taxes. Otherwise, it's so common Consular Officers simply overlook it, OFTEN.

Edited December 11, 2016 by pushbrk

[NikLR 13,220]

If the income will not continue it is easier to write $0 or income not continuing than providing evidence of income that won't continue. Some people choose to go that route too however.

[pushbrk 12,094]

It is actually incorrect to enter anything other than $0 unless claiming income that will continue from the same source.

See I-864 instructions page 7 Section 6, Item 2, and note the words "that you are using to meet the requirements of this affidavit..."

Edited December 11, 2016 by pushbrk

[awards 0]

Thank you for both of you!

Your answers solved my question and I know what to do now:)

I really appreciate your help.

[NikLR 13,220]

It is actually incorrect to enter anything other than $0 unless claiming income that will continue from the same source.

See I-864 instructions page 7 Section 6, Item 2, and note the words "that you are using to meet the requirements of this affidavit..."

That's what Ive told people but they like to do their own thing....