Jump to content
Sign in to follow this  
soza

Tax Filing as Single or Married

25 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: India
Timeline

Hi All,

Im getting ready to submit 2009 tax documents but am not sure as to which box I should check: Single or Married filing separately. I married my wife in 2009 but she lives in India and has no SSN and is not working. Our I-130 petition is currently at the NVC stage and am wondering if the consulate will question why I filed as single in 2009.

Please advise.

Thank you,

soza

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Jamaica
Timeline

Assuming u will be using 1040- http://www.irs.gov/pub/irs-pdf/i1040.pdf


6y2gm4.pngE1nrm4.png

01/06/10 - Got Married

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: India
Timeline

Hi Soza,

My wife filed her tax mentioning that she got married and I signed the papers too. We sent that to NVC...Since I dont have an SSN, her accountant asked to file a W7 along with the Fed.Tax Return to get a tax ID number which IRS will consider in place of SSN for these cases...

Raj


USCIS / NVC Journey

I130 Sent - 11/23/2009
NOA1 - 12/01/2009
NOA2 - 03/02/2010
Case Completed at NVC - 03/31/2010
Interview Date Assigned - 04/12/2010
Case Forwarded to Chennai Embassy - 04/13/2010

EMBASSY Journey

Interview (Approved) - 05/24/2010
Visa Received - 05/26/2010

US Journey

POE (Washington DC) - 06/03/2010
Green Card Received - 07/30/2010

I 751

Package sent - 3/16/2012
NOA date - 3/22/2012
Biometrics - 5/7/2012
Approval Note - 11/30/2012
Card Received - 12/05/2012

N-400

Package sent - 11/04/2013

NOA date - 11/07/2013

Biometrics - 12/09/2013

In-Line for interview - 12/11/2013

Interview - 02/21/2014

Oath - 03/06/2014

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Italy
Timeline

Hi All,

Im getting ready to submit 2009 tax documents but am not sure as to which box I should check: Single or Married filing separately. I married my wife in 2009 but she lives in India and has no SSN and is not working. Our I-130 petition is currently at the NVC stage and am wondering if the consulate will question why I filed as single in 2009.

Please advise.

Thank you,

soza

My husband and I were married in nov 2009 and he likewise is without SS#. After talking to HR block and other tax entities - they encouraged my to file as single (you have 3 years to do amendment). My AOS was recently approved even with 2009 tax doc included.


1998-2001 - Undergrad together - Marine Bio - Florida Tech

2009 - Scotland; Hawaii; Missouri; Mauritius & Rome (a good year)!

11/20/09 - Married in Mauritius

11/23/09 - Sent I-130

12/4/09 - NOA1

2/25/10 - NOA2

NVC

3/5/10 - NVC Case # Assigned

3/12/10 - AOS and IV BILLS paid

3/13/10 - Mailed AOS

3/17/10 - I-864 delivered NVC

3/23/10 - I-864 accepted

4/1/10 - DS-230 delivered 11:03 AM

4/6/10 - AVR updated DS-230 checklist received

4/14/10 - RFE on DS230 (lots of them)!

5/19/10 - RFE packet sign for at NVC

6/6/10 - SIF

7/2/10 - Interview scheduled, but then canceled by Naples

7/14/10 - After many calls interview rescheduled

7/13/10 - Husband mugged on way to interview, still waiting for new passport.

August 2010 - He got the new passport, but I moved to Italy - after trying to maintain overseas marriage, my life in the states was worth leaving

2/24/11 - Long story, now we both live in New Zealand :) (no greencard, hoping to transfer the case down under)

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: India
Timeline

I also went to H&R Block, and they told me to file single....


~ NVC Journey~

22 days at NVC

03/18/2010: Case Complete!

03/25/2010: Called NVC .. INTERVIEW May 27 @ 7:45!! Woot Woot

05/27/2010: Approved at the interview, but put on AP afterwards :(

06/27/2010: Really missing my Hubby :*(

07/29/2010: Visa Issued!! AP is OVER!!

07/31/2010: Visa in hand!!! Thank you GOD!

09/01/2010: POE JFK

2 Amazing Years Later!!!

~Lifting Conditions~

08/09/2012: File I-751 Packet

08/17/2012: NOA I-751 Receipt Notice recieved!

"Distance means nothing for love. Even the sun is so far away; yet, its energy blossoms the flowers on earth."

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

I married in November 2009, and filed joint married. I sent(email) my husband (Egyptian) the W-7 form, he mailed it back to me (with signature)with his passport and I submitted my taxes to an authorized IRS Office and they forwarded it to the IRS. I got back more of my taxes...but the mailing takes time. I also did all the paperwork myself. Don't look like you have a lot of time. Good luck!


NVC 2010

Apr. 05 - Case No. Assigned & eMails Given to NVC Operator

Apr. 06 - DS3032 (VJ format)eMail sent

Apr. 08 - DS3032 Accepted & Invoice Bill(eMail)

Apr. 09 - Paid both AOS eBill & IV eBill

Apr. 13 - AOS & IV status "Paid"/Received Cover Sheets eMail), AOS Pkg. mailed :)

Apr. 14 - DS230 Instruction Pkt Received (eMail)

Apr. 16 - AOS Pkt Received UPS Confirmation

Apr. 22 - DS230 Pkt mailed from Egypt by Husband

Apr. 24 - AOS entered into AVR, Apr. 28 No RFE :)

Apr. 29 - DS230 entered into AVR

May 09 - RFE per AVR :(

May 11 - RFE Mailed, May 13 Delivered, May 20 AVR Updated

May 28 - Case Complete per AVR

July 15 - Interview Date, Cairo APPROVED!!

May 26 - August 2: In Egypt with my sweet husband Mohammed :D

USCIS 2010

Jan. 20 - I-130 Sent

Jan. 27 - NOA1

Apr. 01 - NOA2 Approval(email/txt msg @ 1am)

Your I-130 was approved in 63 days from your NOA1 date.

Dec. 20 2009 - Married in Cairo, Egypt.

event.png

event.png

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Italy
Timeline

I know that H&R Block advises to file single... But that is not correct... Married is married is married... I checked with several accountants about this. My husband did not have a SS# for the first 6 years we were married... I ALWAYS filed married filing single and for his SS# I wrote NON LPR, No SS# and it was fine. We did not get him an ITTN because of financial issues with his income, but if you want to get the maximum deductions, file the W7 to get an ITTN and file jointly, that way you get all stimulus rebates as well as can file HOH if your spouse did not work in their country... If they did work, you just file the 2555 to exempt the income as long as it is under 90k


10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Share this post


Link to post
Share on other sites
Filed: Timeline

I know that H&R Block advises to file single... But that is not correct... Married is married is married... I checked with several accountants about this. My husband did not have a SS# for the first 6 years we were married... I ALWAYS filed married filing single and for his SS# I wrote NON LPR, No SS# and it was fine. We did not get him an ITTN because of financial issues with his income, but if you want to get the maximum deductions, file the W7 to get an ITTN and file jointly, that way you get all stimulus rebates as well as can file HOH if your spouse did not work in their country... If they did work, you just file the 2555 to exempt the income as long as it is under 90k

I like your reply the best!! High 5 for you!!! :thumbs:

Share this post


Link to post
Share on other sites

I know that H&R Block advises to file single... But that is not correct... Married is married is married... I checked with several accountants about this. My husband did not have a SS# for the first 6 years we were married... I ALWAYS filed married filing single and for his SS# I wrote NON LPR, No SS# and it was fine. We did not get him an ITTN because of financial issues with his income, but if you want to get the maximum deductions, file the W7 to get an ITTN and file jointly, that way you get all stimulus rebates as well as can file HOH if your spouse did not work in their country... If they did work, you just file the 2555 to exempt the income as long as it is under 90k

I agree, and was told by Lawyer that I should file an amendment....which was simple enough. The returns did not hurt me.


I feel Good...........like the moon is shining just for me!

N-400 Naturalization Timeline

Eligible in November 2012

Share this post


Link to post
Share on other sites
Filed: Country: India
Timeline

soza you're a procrastinator, just like me!

I am in a similar situation and I am about to file "married filing separately" as the wife does not have an ITIN (and obviously not an SSN). She has a job in India and earns and pays taxes there. So I file "married filing separately" here in the US and she will not file a return here in the US.

So if I understand this thread correctly, once she arrives in the US (in July hopefully) and gets an SSN, we can file an amended return, this time filing "married filing jointly" and claim a bigger refund?


USCIS Journey:

12-30-2009 - Wedding in Delhi

01-21-2010 - I-130 Petition Sent

03-24-2010 - I-130 Approved

NVC Journey:

03-29-2010 - NVC Case Number assigned

04-20-2010 - AOS Package Received at NVC

05-05-2010 - IV Package Received at NVC

05-19-2010 - NVC Case Completed - Sign In Fail

05-25-2010 - Interview Date Assigned.

Consulate:

07-19-2010 - Interview at New Delhi - Approved!

07-20-2010 - Visa Package collected from VFS

07-26-2010 - POE at Washington DC

08-19-2010 - Welcome Letter Received - Tracking Number reveals that GC was ordered on August 16

08-23-2010 - Applied for SSN at SSA

08-30-2010 - GC, SSA Card Arrive in Mailbox

Share this post


Link to post
Share on other sites
Filed: Timeline

Your best bet is to file your taxes as married filing jointly, attach the w7 and supporting documentation, file form 2555 to exclude non-US income, and receive all of the tax deductions you would receive as a married couple on only the income made in the USA. It's not hard, it's the proper way to do it, and when you elect to file jointly you won't need to amend later. I amended 2007 after filing jointly the proper way for 2008, for example, and it was good but would have been simpler and less expensive at the time to have done it properly.

If your foreign spouse makes more than $90k US per year you will be taxed on foreign earnings above this point.

At the end of the day, you are married, file your taxes like it!

:)

soza you're a procrastinator, just like me!

I am in a similar situation and I am about to file "married filing separately" as the wife does not have an ITIN (and obviously not an SSN). She has a job in India and earns and pays taxes there. So I file "married filing separately" here in the US and she will not file a return here in the US.

So if I understand this thread correctly, once she arrives in the US (in July hopefully) and gets an SSN, we can file an amended return, this time filing "married filing jointly" and claim a bigger refund?

Share this post


Link to post
Share on other sites

Hi All,

Im getting ready to submit 2009 tax documents but am not sure as to which box I should check: Single or Married filing separately. I married my wife in 2009 but she lives in India and has no SSN and is not working. Our I-130 petition is currently at the NVC stage and am wondering if the consulate will question why I filed as single in 2009.

Please advise.

Thank you,

soza

Hello Soza,

I am in the exact same boat as you, I got married in September 2009 and I filed married filing jointly. Even if you got married at 11:59p.m. On December 31st 2009 you can no longer file single according to the IRS. At first I went to H&R block and they told me to file single it sounded wrong to me so I did lots of research and found out that they are wrong (“IRS publication 519”). I actually filed a complaint with IRS about H&R block and had a major issue trying to get my filing fees refunded and ended up suing H&R block.

You have 3 options to file your return:

- Married filing separately – the easy option not much work and when they ask for wife’s SSN# you just write Non-resident alien “NRA” and you don’t need to do a W-7. You can get your refund faster and e-file.

- Married filing jointly – I recommend this since you will get more money back or if you owe you will owe less money or even get money back now. This option is nice since your wife doesn’t work because now your total income for the both of you will be just your income and if there was any deduction that you did not qualify because you made too much money now you can because you limit just doubled. For examples if you are single and make over 70K and you have student loan the interest it is not deductable, but with the MFJ option the limit 145K so now you can deduct it. Also thanks to the “make work pay tax credit” you are going to get $400 and another $400 for your wife this option.

This does require more work. You have to fill out a form W-7 and send you return and the W-7 form to the Austin, Texas address wait about 6 weeks for them to give your wife an ITIN number and then wait another 4 weeks for IRS to issue your refund and another 2 weeks for the check to come. You can’t e-file and you have to send in proof, an authentication copy by the U.S. embassy, of you wife’s passport. Personally I think this is also a good thing to have to use as proof at the interview.

- Head of Household – you can only do this if you have other dependent, kids, parents, brother, sister, ect…

Also on a personal note to everybody: Don’t use H&R block use their software or other programs. H&R block charged me $321 to file my return and in the end refuse to file my return because I wanted to go against their advice and file MFJ. I used TurboTax online $115 same amount of refund and I filed MFJ.


Alex A

----------------------------

9/16/2009 - Married

USCIS

1/22/2010 - I-130 sent

1/27/2010 - USPS tracking - Delivered, CHICAGO, IL 60680

2/02/2010 - NOA1

2/07/2010 - NOA1 - Hard copy

3/31/2010 - NOA2

4/1/2010 - NOA2 - Email & Text (~58 days)

4/5/2010 - NOA2 - Hard copy

NVC - Taking my time with it...

4/8/2010 - got NVC case # & gave them email address (~ 1 week)

4/13/2010 - Choice of Agent email from NVC (~ 5 days)

4/14/2010 - Email sent to NVC with "Choice of Agent

4/19/2010 - NVC email confirming "Choice of Agent" email (~5 days)

4/20/2010 - NVC email with AOS and IV bill

4/23/2010 - AOS fee paid & package send

4/26/2010 - IV fee paid

5/21/2010 - IV pack mailed to NVC

5/28/2010 - NVC received IV packet

6/10/2010 - SIF & RFE (for PCC different for Sir Lanka)

6/11/2010 - CC (with RFE)

Share this post


Link to post
Share on other sites
Filed: Country: India
Timeline

Excellent information, all! Much thanks!

Without meaning to hijack soza's thread... our case is quite similar after all, except for the job status of the wife in India...

I think because of the looming April 15 deadline, unless we file for an extension, there is not enough time to get the paperwork for W-7 done. The notarized passport copy from the consulate in Delhi would not happen before April 9th (I just checked the appointments available on the consulate's website.) She can't just walk-in tomorrow to get it, unfortunately. Then I have to get the W-7 and the joint tax return signed from her and mailed back to me by April 15th. The form 2555 also needs to be prepared in my case. And oh yes, the letter indicating our choice to file jointly would be needed too.

Plus, as my timeline indicates, I am in the process of filling out I-864EZ and DS-230 as the case is pending at NVC. I would like to send the 2009 tax returns (and previous transcripts) along with the I-864 sometime next week. The wife is busy getting the police certificates, while winding up her job duties gracefully as she would be moving to the US. The W-7 would just add to her busy schedule!

So I am leaning towards filing as "married filing separately" now and then filing an amended return when she gets an SSN after coming to the US. That will save us the W-7 hassle.

There is a lesson for others here. Do not procrastinate! Be pro-active! Things catch up with you fast! USCIS and NVC can sometimes surprise you with the speed with which they process cases.


USCIS Journey:

12-30-2009 - Wedding in Delhi

01-21-2010 - I-130 Petition Sent

03-24-2010 - I-130 Approved

NVC Journey:

03-29-2010 - NVC Case Number assigned

04-20-2010 - AOS Package Received at NVC

05-05-2010 - IV Package Received at NVC

05-19-2010 - NVC Case Completed - Sign In Fail

05-25-2010 - Interview Date Assigned.

Consulate:

07-19-2010 - Interview at New Delhi - Approved!

07-20-2010 - Visa Package collected from VFS

07-26-2010 - POE at Washington DC

08-19-2010 - Welcome Letter Received - Tracking Number reveals that GC was ordered on August 16

08-23-2010 - Applied for SSN at SSA

08-30-2010 - GC, SSA Card Arrive in Mailbox

Share this post


Link to post
Share on other sites
Filed: Country: India
Timeline

Wow!!!!!:D

I just did the calculations for the tax refund we would get if we file "married filing jointly" versus "married filing separately".

It's wonderful being married! :thumbs:


USCIS Journey:

12-30-2009 - Wedding in Delhi

01-21-2010 - I-130 Petition Sent

03-24-2010 - I-130 Approved

NVC Journey:

03-29-2010 - NVC Case Number assigned

04-20-2010 - AOS Package Received at NVC

05-05-2010 - IV Package Received at NVC

05-19-2010 - NVC Case Completed - Sign In Fail

05-25-2010 - Interview Date Assigned.

Consulate:

07-19-2010 - Interview at New Delhi - Approved!

07-20-2010 - Visa Package collected from VFS

07-26-2010 - POE at Washington DC

08-19-2010 - Welcome Letter Received - Tracking Number reveals that GC was ordered on August 16

08-23-2010 - Applied for SSN at SSA

08-30-2010 - GC, SSA Card Arrive in Mailbox

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...