Tax filing

[wilgrace 3]

Hi guys i am bringing my husband tax documents for my interview and i found out he didnt put married on his 2009 but we get married 2008 in US do you think this is a big deal for the CO?

[sjr09 155]

Not necessarily, he may have not meet the Filing Status Definitions for that year? Nebulous question.

[payxibka 10,045]

Considering he was married to the OP in 2009 it makes no sense why he filed as a single person

[sjr09 155]

Filing Status Definitions

　

Single

This status applies if you were unmarried as of December 31,2009. Note that if you were single and have children, you can get more tax advantages if you qualify to file as head of household.

Married Filing Jointly

File jointly if you were married as of December 31, 2009. If you were married but lived apart from your spouse, were separated, or were in the process of getting a divorce that was not yet final, you still considered married.

Married Filing Separately

File separately if you were married or separated and want to file separate tax returns. Couples often choose this option because they have a sizable difference in income.

Head of Households

Use this status if you were unmarried or considered unmarried as of December 31, 2009 and ether of the following applied:

1. You paid more then half the cost of keeping up the home of your parent, whom you can claim as a dependent, for all of 2009. Your parent did not have to live with you in your home.

2. You paid more than half the cost of keeping up a home where you and one of the following lived for more then half the year:

-Your unmarried child, adopted child, grandchild, or stepchild who is under age 19 or a full-time student under age 24 or who is permanently and totally disabled. This child does not necessarily need to qualify as your dependent or be claimed on your tax return as your dependent.

-Your dependent married child, adopted child, or any other dependent relative. On your tax return, you claim this person as your dependent.

Qualifying Widow(er)

Use this status if all the following applied:

1. Your spouse died in 2007 or 2008, and you did not remarry.

2. You have a dependent child or stepchild who lived in your home for all of 2009.

3. You paid more then half the cost of keeping up your home.

4. You could have filed a joint return the year your spouse died.

[payxibka 10,045]

Filing Status Definitions

　

Single

This status applies if you were unmarried as of December 31,2009. Note that if you were single and have children, you can get more tax advantages if you qualify to file as head of household.

Married Filing Jointly

File jointly if you were married as of December 31, 2009. If you were married but lived apart from your spouse, were separated, or were in the process of getting a divorce that was not yet final, you still considered married.

Married Filing Separately

File separately if you were married or separated and want to file separate tax returns. Couples often choose this option because they have a sizable difference in income.

Head of Households

Use this status if you were unmarried or considered unmarried as of December 31, 2009 and ether of the following applied:

1. You paid more then half the cost of keeping up the home of your parent, whom you can claim as a dependent, for all of 2009. Your parent did not have to live with you in your home.

2. You paid more than half the cost of keeping up a home where you and one of the following lived for more then half the year:

-Your unmarried child, adopted child, grandchild, or stepchild who is under age 19 or a full-time student under age 24 or who is permanently and totally disabled. This child does not necessarily need to qualify as your dependent or be claimed on your tax return as your dependent.

-Your dependent married child, adopted child, or any other dependent relative. On your tax return, you claim this person as your dependent.

Qualifying Widow(er)

Use this status if all the following applied:

1. Your spouse died in 2007 or 2008, and you did not remarry.

2. You have a dependent child or stepchild who lived in your home for all of 2009.

3. You paid more then half the cost of keeping up your home.

4. You could have filed a joint return the year your spouse died.

The USC married the OP in 2008 and continues to be married to her.... Nothing you presented makes any sense as to why the OP filed as a single person....

[sjr09 155]

The USC married the OP in 2008 and continues to be married to her.... Nothing you presented makes any sense as to why the OP filed as a single person....

Not my job to make "sense as to why the OP filed as a single person" I'm only pointing out the filing status definitions to the OP, that's all! I see nothing in the OP showing he filed single, he could have filed Head of Households who knows?

　

Nothing you presented makes any sense as to why the OP didn't file as married.....

Nothing you presented adds any value to the OP or this discussion....

[payxibka 10,045]

Nothing you presented adds any value to the OP or this discussion....

Thread cop?

[IndigoSkies 168]

I didn't know I could filed "married filling jointly" though I'm married to someone overseas. Not a lot of people know that. You can file jointly even if your spouse is overseas. You just need the ITIN or Individual Tax Identification Number. You file Form W7 to get a ITIN from IRS. Make sure you do that few months before your tax return. So when you file your tax return you can file "married filling jointly." Without your spouses SSN or ITIN, you cannot file "married filling separately" or "married filling jointly."

It sounds like OP's husband wasn't aware of this just like me. OP's husband filed single. He was married. He didn't know better. Just explain that to your CO if asked. That should solve the issue. I mean it's the truth. Who in the world has all the tax code memorised? Noone. Good luck.

[kazysgirl 1]

I didn't know I could filed "married filling jointly" though I'm married to someone overseas. Not a lot of people know that. You can file jointly even if your spouse is overseas. You just need the ITIN or Individual Tax Identification Number. You file Form W7 to get a ITIN from IRS. Make sure you do that few months before your tax return. So when you file your tax return you can file "married filling jointly." Without your spouses SSN or ITIN, you cannot file "married filling separately" or "married filling jointly."

It sounds like OP's husband wasn't aware of this just like me. OP's husband filed single. He was married. He didn't know better. Just explain that to your CO if asked. That should solve the issue. I mean it's the truth. Who in the world has all the tax code memorised? Noone. Good luck.

I've been married for 3 years already and all those years, since I am not in the US, my husband was filing his ITR as single. The agents who filed for his returns said he cannot file as married since me (now including our baby) does not have SSN which is a requirement to be able to file us as his dependents. So sad that this is the only time I knew we could by filing the W7 form. Here's the link for others to check as well -> http://www.irs.gov/pub/irs-pdf/iw7.pdf

Anyways, what is important now is we are almost about to join him in the US since we are already in the review stage of our DS-230 in NVC and waiting (hopefully) for the interview schedule anytime soon.

Thanks for the information IndigoSkies..

[IndigoSkies 168]

Make sure you ask your husband to take his tax return to his agent for the last 3 years and have the adjust it. He could get a bunch of refund. It's possible. You may not be able to do this before you come to America. But when you do, this is worth a try. You could end up with 10,000 extra money from the refund if he makes a decent salary every year. Make sure you invest that on something. Don't spend it unless you want to pay off some of your debt.

OP's spouse should try to have this done ASAP. Maybe there's still time before interview. If not, just explain the matter to CO when asked.

kazysgirl, you and your spouse should refile your last 3 years tax return. Seriously, you could get some money back. Don't go to the same agent that you used for tax return, unless he offers to do this for free and makes sure that you get money back. Go to a different one.

Edited May 31, 2010 by IndigoSkies