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Hey everyone...

I just found out today that my husband may have filled out his work tax deduction form wrong. We got married April 2007 and so he had to change his deductions and he selected his status as married. However, at the time I was a alien nonresident and I believe you're supposed to keep your status single. I currently hold a green card... that was issued December 2007. Will we have to pay tons and tons of taxes now because he filled it out wrong? Or will we be alright because I became a resident within 2007?

Any info/suggestions are welcome!!

Thanks.

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Filed: Citizen (apr) Country: Jamaica
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Hey everyone...

I just found out today that my husband may have filled out his work tax deduction form wrong. We got married April 2007 and so he had to change his deductions and he selected his status as married. However, at the time I was a alien nonresident and I believe you're supposed to keep your status single. I currently hold a green card... that was issued December 2007. Will we have to pay tons and tons of taxes now because he filled it out wrong? Or will we be alright because I became a resident within 2007?

Any info/suggestions are welcome!!

Thanks.

I hope someone will weigh in on this as well. Prior to my husband becoming a LPR, I had filed my taxes as single. I had to amend my tax returns as he had a problem with getting financial aid, because I had filed "incorrectly". I was "mis-advised" by a Jackson Hewitt tax professional and told to file as single, when I should have filed as married filing separately (if I didn't want to include his foreign income). If you did not have an SSN at the time, he should have filed for an ITIN for you. He can call an IRS agent and they will advise on what he can do to make any changes or if everything was in fact okay.

To help, I have attached the email that I received from the IRS in reference to amending my taxes:

NOTE: Thank you for your inquiry. Our response to your tax law question appears below. I hope this information has been helpful. If you have a follow-up question or another general tax law question, please return to our web site at: (http://www.irs.gov) to submit it. Please do not use your "reply" button to respond to this message. More helpful information is provided at the end of this message.

Your Question Was:

I have been married for 4 years, but my husband became a legal permanent resident in October of 2007. He is currently applying for financial aid for school, but we are now being asked to re-file my 2006 taxes, since I filed as single. Are we required to report the income he earned in a foreign country with a foreign based company on the 2006 tax returns if I file married filing jointly or filing separated? Please let me know at your earliest convenience.

The Answer To Your Question Is:

Thank you for your inquiry regarding your 2006 tax return. We apologize for the delay.

You stated that your husband did not become a permanent resident until October 2007. In 2006 he was still a nonresident alien. Based on this information, a nonresident alien is not required to report foreign source income. However, since you are a United States, (U.S.) citizen, and if you choose to treat your spouse as a resident alien and file a joint return, your spouse's worldwide income must be included on your U.S. tax return. Please see Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, for more information about filing a joint return.

If you choose to file as married filing separately, your nonresident alien spouse's foreign source income would not be reported on a U.S. tax return.

We hope this information is helpful. Thank you for using our service..


I-130 for husband - see TIMELINE

10/23/2007 - Receive SSC (took 9 days from POE)

12/04/2007 - Receive Welcome Letter

12/14/2007 - Received 2nd Welcome Letter and Green card!!!

======================================================

N-400

09/21/2010 - Mailed application to Lewisville TX location

09/23/2010 - Information input in the system/check cashed

09/29/2010 - N-400 receipt received

09/30/2010 - RFE mailed

10/15/2010 - Biometrics appt (@8am) YAY!!!!

11/20/2010 - Received the yellow letter (dated 11/17/2010)

11/30/2010 - Case moved to the Testing & Interview stage (Email)

12/03/2010 - Received interview letter

01/06/2011 - Interview @ 10:15a...APPROVED!

02/12/2011 - Received oath ceremony letter (dated 02/10/2011)

02/18/2011 - Received descheduled oath ceremony letter (dated 2/15/2011)

02/26/2011 - Received new oath ceremony letter

03/02/2011 - Oath Ceremony @ 1:30p (IT'S ABOUT TIME!!!)

03/09/2011 - Oath Ceremony @ 1:30p...FINALLY A CITIZEN!!!

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