Tax returns

[Devkpaik 1]

Hey guys,

So I just realized that about five months ago when I was filling out personal information for the job I was just hired for, there was a section that asked if I was married or single, and I checked single because I was rushing through it as it was due right away and I had been checking the "single" box for 24 years of my life!

Do you guys know if it's possible to change this, etc??

Shoot, we have our interview for A.O.S. on Nov. 2nd, so it's real soon. What a stupid mistake!

Thanks guys!

[SM&LP 0]

Hey guys,

So I just realized that about five months ago when I was filling out personal information for the job I was just hired for, there was a section that asked if I was married or single, and I checked single because I was rushing through it as it was due right away and I had been checking the "single" box for 24 years of my life!

Do you guys know if it's possible to change this, etc??

Shoot, we have our interview for A.O.S. on Nov. 2nd, so it's real soon. What a stupid mistake!

Thanks guys!

I was once explained by the person that does our taxes that there is no problem filling up as single even if you are married. He said it is not a lie, it was asking how much you wanted to be taken of your taxes. This was asked because my husband before was filling as single and his mother was insisting on keeping that way. I was so upset she said that, that i asked that question in front of her trying to proof that she was wrong. Now, I am not an expert, it is only what I was told.

[Devkpaik 1]

Hey guys,

So I just realized that about five months ago when I was filling out personal information for the job I was just hired for, there was a section that asked if I was married or single, and I checked single because I was rushing through it as it was due right away and I had been checking the "single" box for 24 years of my life!

Do you guys know if it's possible to change this, etc??

Shoot, we have our interview for A.O.S. on Nov. 2nd, so it's real soon. What a stupid mistake!

Thanks guys!

I was once explained by the person that does our taxes that there is no problem filling up as single even if you are married. He said it is not a lie, it was asking how much you wanted to be taken of your taxes. This was asked because my husband before was filling as single and his mother was insisting on keeping that way. I was so upset she said that, that i asked that question in front of her trying to proof that she was wrong. Now, I am not an expert, it is only what I was told.

SM&LP,

Thank you very much for the response.

So basically, it's okay to file single as opposed to married regardless or whether or not you are the latter?

Thanks again!

[rin and john 71]

See my post in your AOS thread. Basically, it would most likely benefit you financially and from the AOS standpoint to file an amended return for 2008 since you were married before the end of the year.

If you listed 'single' on your W-4, your employer is withholding tax at a higher rate than if you listed yourself as married. You'll get it back so long as you file for TY2009 as married, but you are essentially making an interest free loan to the US Government.

[Kittyfang 6]

My husband was advised by his tax guy to file as single. The man didn't know any better and told my husband that because I didn't have an SSN, I couldn't be included. Then reading about people's experience here on VJ, I learned about ITIN. I called H&R Block and they told me that we could file jointly, even without SSN. I didn't asked her if it was "bad" that he had filed as single, but when I explained the situation she did "make a face" and said that it would be much more profitable to file jointly (as someone said above, you can recover the tax thingy everyone got in 2008). It costs about $100 per year to get an ITIN, but depending on how much you stand to recover, it might be worth it.

Our H&R Block person was really nice and didn't charge us anyting to look over out papers for the past two years. I'd give them a call.

[rin and john 71]

H&R Block (and other tax mills) tends to charge a flat rate for simple returns. They frequently advise against things that will require more work for them. Filing for an ITIN is free. Easy to fill out the form yourself (can't believe they would want to charge $100 to do it).

With regard to the Recovery Rebate, both individuals on a joint return needed an SSN to receive the rebate (if one had an SSN and the other an ITIN, neither received the rebate). Rin did not receive her EAD and SSN until August 2008, so last year we filed an extension in April and submitted our taxes in September. Had I filed before that, our rebate would have been $0. By waiting, we got a recovery rebate of $2,100 ($600 for each of us plus $300 for each of her three children). Covered over half the cost of getting them GCs!

[Kittyfang 6]

H&R Block (and other tax mills) tends to charge a flat rate for simple returns. They frequently advise against things that will require more work for them. Filing for an ITIN is free. Easy to fill out the form yourself (can't believe they would want to charge $100 to do it).

With regard to the Recovery Rebate, both individuals on a joint return needed an SSN to receive the rebate (if one had an SSN and the other an ITIN, neither received the rebate). Rin did not receive her EAD and SSN until August 2008, so last year we filed an extension in April and submitted our taxes in September. Had I filed before that, our rebate would have been $0. By waiting, we got a recovery rebate of $2,100 ($600 for each of us plus $300 for each of her three children). Covered over half the cost of getting them GCs!

I guess I will have to shop around then! After filing AoS on our own, we don't want to have to lift a finger to file anything else for a long time. At any rate, we'll be waiting until I receive the EAD. I'm sure it will be easier and faster to "refile" our taxes with that. She said something about being unable to file online with an ITIN. Hopefully, we can file online with an SSN.

As for the rebate, my husband already received his. But hey, at least I'll get mine.

[rin and john 71]

I guess I will have to shop around then! After filing AoS on our own, we don't want to have to lift a finger to file anything else for a long time. At any rate, we'll be waiting until I receive the EAD. I'm sure it will be easier and faster to "refile" our taxes with that. She said something about being unable to file online with an ITIN. Hopefully, we can file online with an SSN.

As for the rebate, my husband already received his. But hey, at least I'll get mine.

Correct. To file for an ITIN, you need to mail a hardcopy of both the return and the ITIN application to the IRS (different location than their regular return center). The first office assigns an ITIN and then forwards it for the return to be processed. Took about 3 months for them to assign Rin an ITIN (for TY 2006) and another 2 months for processing the return.

[Gary and Alla 3,694]

Hey guys,

So I just realized that about five months ago when I was filling out personal information for the job I was just hired for, there was a section that asked if I was married or single, and I checked single because I was rushing through it as it was due right away and I had been checking the "single" box for 24 years of my life!

Do you guys know if it's possible to change this, etc??

Shoot, we have our interview for A.O.S. on Nov. 2nd, so it's real soon. What a stupid mistake!

Thanks guys!

I was once explained by the person that does our taxes that there is no problem filling up as single even if you are married. He said it is not a lie, it was asking how much you wanted to be taken of your taxes. This was asked because my husband before was filling as single and his mother was insisting on keeping that way. I was so upset she said that, that i asked that question in front of her trying to proof that she was wrong. Now, I am not an expert, it is only what I was told.

SM&LP,

Thank you very much for the response.

So basically, it's okay to file single as opposed to married regardless or whether or not you are the latter?

Thanks again!

I am presuming this is for witholding purposes. You are not "filing". If you are married before Dec. 31 you will file "married" and get a pretty big tax return. "Claiming" single on the w-4 results in hgher withholding and the government NEVER complains about interest free loans

[Gary and Alla 3,694]

My husband was advised by his tax guy to file as single. The man didn't know any better and told my husband that because I didn't have an SSN, I couldn't be included. Then reading about people's experience here on VJ, I learned about ITIN. I called H&R Block and they told me that we could file jointly, even without SSN. I didn't asked her if it was "bad" that he had filed as single, but when I explained the situation she did "make a face" and said that it would be much more profitable to file jointly (as someone said above, you can recover the tax thingy everyone got in 2008). It costs about $100 per year to get an ITIN, but depending on how much you stand to recover, it might be worth it.

Our H&R Block person was really nice and didn't charge us anyting to look over out papers for the past two years. I'd give them a call.

As soon as you are married, if it is within the 2009 calendar year , you can file married for 2009. If you do not have a SSN you can file the old fashioned way, paper and mail. A k-1 can get a SSN right away so there is no problem there. It takes a few weeks for the SS computers to rectify with the IRS computers. The H&R guy just knows you cannot file electronically without an SSN. I would never bother with an ITIN when you can get the SSN.

Filing status is determined by your marital status, not by the vagaries of the SS administration.

Edited October 16, 2009 by Gary and Alla

[rin and john 71]

My husband was advised by his tax guy to file as single. The man didn't know any better and told my husband that because I didn't have an SSN, I couldn't be included. Then reading about people's experience here on VJ, I learned about ITIN. I called H&R Block and they told me that we could file jointly, even without SSN. I didn't asked her if it was "bad" that he had filed as single, but when I explained the situation she did "make a face" and said that it would be much more profitable to file jointly (as someone said above, you can recover the tax thingy everyone got in 2008). It costs about $100 per year to get an ITIN, but depending on how much you stand to recover, it might be worth it.

Our H&R Block person was really nice and didn't charge us anyting to look over out papers for the past two years. I'd give them a call.

As soon as you are married, if it is within the 2009 calendar year , you can file married for 2009. If you do not have a SSN you can file the old fashioned way, paper and mail. A k-1 can get a SSN right away so there is no problem there. It takes a few weeks for the SS computers to rectify with the IRS computers. The H&R guy just knows you cannot file electronically without an SSN. I would never bother with an ITIN when you can get the SSN.

Filing status is determined by your marital status, not by the vagaries of the SS administration.

Actually, if you are eligible for a SSN, the IRS will not issue an ITIN.

In her case, KF would of had to get the ITIN or file an extension until she could have received her EAD and SSN since she entered as a visitor from Canada and married here (not a K-1). Same applies for a K-3, since a K-3 cannot get their SSN until they have either an EAD or GC.

[Kittyfang 6]

My husband was advised by his tax guy to file as single. The man didn't know any better and told my husband that because I didn't have an SSN, I couldn't be included. Then reading about people's experience here on VJ, I learned about ITIN. I called H&R Block and they told me that we could file jointly, even without SSN. I didn't asked her if it was "bad" that he had filed as single, but when I explained the situation she did "make a face" and said that it would be much more profitable to file jointly (as someone said above, you can recover the tax thingy everyone got in 2008). It costs about $100 per year to get an ITIN, but depending on how much you stand to recover, it might be worth it.

Our H&R Block person was really nice and didn't charge us anyting to look over out papers for the past two years. I'd give them a call.

As soon as you are married, if it is within the 2009 calendar year , you can file married for 2009. If you do not have a SSN you can file the old fashioned way, paper and mail. A k-1 can get a SSN right away so there is no problem there. It takes a few weeks for the SS computers to rectify with the IRS computers. The H&R guy just knows you cannot file electronically without an SSN. I would never bother with an ITIN when you can get the SSN.

Filing status is determined by your marital status, not by the vagaries of the SS administration.

Actually, if you are eligible for a SSN, the IRS will not issue an ITIN.

In her case, KF would of had to get the ITIN or file an extension until she could have received her EAD and SSN since she entered as a visitor from Canada and married here (not a K-1). Same applies for a K-3, since a K-3 cannot get their SSN until they have either an EAD or GC.

Well, I'm not sure anymore. My initial plan was to receive my passport (that I did not have when I came over). Then use this to file for an ITIN (while I wait for I-130 and I-485) and hopefully have the amended tax return in time for the interview. However, if this takes too long, I should probably just wait until I receive EAD and file for SSN and amend the taxes then.

[rebeccajo 14]

In answer to the original question........

The W-4 you completed when you were hired remains on file with your employer. All it does is tell them which rate of taxation to apply to your wages- married or single. That designation is never 'printed out' anywhere - the word 'married' or 'single' will never appear on your W-2 form (which you attach to your tax return).

In other words, there is no way for USCIS to know which box you ticked when asking your employer to withhold taxes.

[edp333 9]

Yes, the IRS states it is legal for you to change your W4 form with your employer. The employer may not want to. Changing the W4 will not affect your AOS as previously mentioned.

Another thing to consider is if you can add your spouse to your health insurance and as life insurance beneficiary, etc. with your employer.