Tax Return Amendment

[Europeanboy 0]

Hey Guys,

I am really confused here. In 2007 me and my wife filed our taxed as married jointly. In 2008 we had hard times and split up for a while. We were about to divorce. But now we are back together and we decided to file I-751 jointly as well as our taxes for 2009.

The big problem are the taxes filed as single, separately for 2008 last year. OK now It's time to file I-751 and I have the 2007 joint tax return and the one filed this year for 2009. I will have to correct/amend the 2008 single tax return this year through form 1040X.

The only problem for 1040X is: FILING status on original return: SINGLE; FILING status on this return MARRIED. If I have to copy that form as a proof they will see that something was wrong with our relationship and most likely they will call us for an interview.

Is there any other form that coul be generated in order to show proof of joint filing in that case?

[chaplin 0]

Have you already filed the amended form for 2008?

If not, however it looks for removing conditions you will need to "fix" that if your were still married and living apart, but not legally separated under a decree of divorce or separate maintenance.

Edited January 29, 2010 by chaplin

[Dakine10 5,452]

Hey Guys,

I am really confused here. In 2007 me and my wife filed our taxed as married jointly. In 2008 we had hard times and split up for a while. We were about to divorce. But now we are back together and we decided to file I-751 jointly as well as our taxes for 2009.

The big problem are the taxes filed as single, separately for 2008 last year. OK now It's time to file I-751 and I have the 2007 joint tax return and the one filed this year for 2009. I will have to correct/amend the 2008 single tax return this year through form 1040X.

The only problem for 1040X is: FILING status on original return: SINGLE; FILING status on this return MARRIED. If I have to copy that form as a proof they will see that something was wrong with our relationship and most likely they will call us for an interview.

Is there any other form that coul be generated in order to show proof of joint filing in that case?

Were you legally separated on Dec 31st of 2008? Your tax status for the year would be determined by that. If you were not legally separated, you should file the 1040X. If you were legally separated on Dec 31st, you must file as single, I don't believe you can amend the filing status to something you were not.

A tax transcript would also include the amended information so I don't think there is any other form. I don't think trying to deceive USCIS is the best course of action here anyway. You are still together now so you are eligible to file jointly. Remember, they are looking for proof of a legitimate marriage. If they required proof of a perfect marriage, a lot of us might not be here.

[Europeanboy 0]

I found out yesterday that they revised form 1040X this month which is good cause they removed the section '' filing status on the original return" so basically I can check off married filing jointly without mentioning our previous filing status. Under the options it says: "You can not change your status from joint to separate". There are many other reasons for amending your taxes for previous years like adding more late received W2s,..etc. Yes, I received 2 more W2s for 2008 which I will add this year. The taxes for 2009 we are filing together. My only concern was fixing 2008. I have a lot more evidence which I could easily use when filing I-751 but I think the taxes are one of the most important evidence.

1040X Rev. 01-10