Rules of Joint tax return

[zwuu 0]

Hello, Every One,

Please give us some advice or opinion regarding tax return. Me and my wife got married last December (2009). I filed 2009 tax return on April 2010 with single status, because I thought I should not file joint return until she has her social security number. We are going to have the CR-1 visa interview on January, 2011. Would the embassy accept the reasoning above why I didn't file joint return for 2009. I am concerned if they will consider this is a red flag of non bona-fide marriage. Second question, does embassy expect me bringing 2010 tax return to the interview on January,2011. In the past experience I was not able to file tax return until late Feburary because not all the documents eg. bank statements will be received in January. If indeed I am supposed to file joint return last year, can I file addendum and bring that to interview to avoid the red flag? Or I just worried too much, none of those are necessary? Advice or opinion are deeply appreciated. Zwuu

[Wayne and Claudia 40]

I did the same as you and did not claim married on my 2009 taxes and it was never a problem. If they do ask you can say exactly what you said here...it was too complicated without a SSN and you will file an amended return once she has her SSN. As for this year's taxes, just bring the last 3 or 4 months' pay statements with you and possibly a new, updated employment letter. That's what I did this month and it was never asked for but we were prepared just in case.

[lvriesling 11]

I would suggest that you are right to be concerned about this. If you filed as "Single" even though you are married, you could have difficulties with the IRS. If you filed as "Married filing separately" you may or may not be OK - your spouse would need to have filed a return under this category as well.

My recommendation would be that you immediately file an AMENDED return - see http://www.irs.gov/taxtopics/tc308.html

Your amended return would then serve as proof that you have straightened the situation out as far as USCIS is concerned.

[lvriesling 11]

I would suggest that you are right to be concerned about this. If you filed as "Single" even though you are married, you could have difficulties with the IRS. If you filed as "Married filing separately" you may or may not be OK - your spouse would need to have filed a return under this category as well.

My recommendation would be that you immediately file an AMENDED return - see http://www.irs.gov/taxtopics/tc308.html

Your amended return would then serve as proof that you have straightened the situation out as far as USCIS is concerned.

File the amended return with a Form W-7: http://www.irs.gov/pub/irs-pdf/fw7.pdf

and mail that whole package (the amended return with Form W-7 included) to this address:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

[Ming 1]

When you file you should have file for joint tax return. In the begin I file for single. After the my wife was denied the first time. I file joint tax return for 2007, 2008, 2009. It does help because I my wife 2nd interview she pass.