change name to married name

[vett 6]

hey everyone. hope all is well. my husband filed his taxes last year and stupidly filed as single (dnt knw y he did that) but as i stated before my interview is coming up. do you think this will raise a red flag? (i cld kick him..jkn)nonetheless i can't change that now. but any advice how to deal wit it if the issue is raised will be good. and also the taxes from this year will be filed as married. also when we filed the documents i used my married name when making my signature. but i have not changed my name in my passport to my married name. do you think this will be an issue? and any suggestions on these issues?

thanks guys

[Inky 1,110]

Passport name isn't an issue. If you are going to travel with it your tickets need to be in your passport name tho.

Your husband can file an amended tax return if he wants to fix the old tax form to joint.

[canadian_wife 1,785]

Your passport is only an issue if you want your green card in your married name. The name in the visa will be the name on the passport and the green card will be issued in the name in the visa.

Good luck

[vett 6]

Passport name isn't an issue. If you are going to travel with it your tickets need to be in your passport name tho.

Your husband can file an amended tax return if he wants to fix the old tax form to joint.

thank you for that information

Your passport is only an issue if you want your green card in your married name. The name in the visa will be the name on the passport and the green card will be issued in the name in the visa.

Good luck

thank you, i know i asked a lot but i wanna be prepared, better safe than sorry thanks again.

[xelance 31]

If he filed as single, that is just fine....I did the same and plan on doing the same this year. There is no requirement to file as married because you do not have a social security number and you do not have permanent residence. It actually is better that he files as single because in order to file as married, this would be the case: " If one spouse is a non-resident alien you can file your tax return jointly only if you make an election to be taxed on all your worldwide income and agree to supply all pertinent and necessary documentation of tax liability." Basically meaning YOUR income would apply, and you would be taxed according to US laws. You need to also file a W7 because you do not have a social security number (an assumption). I wouldnt blame your husband, he did the right thing.

[xelance 31]

By the way, This will NOT raise a red flag, people do it all the time. Immigration knows most people wont want to go through all the hassle of it before their significant other is a US permanent resident and actually living with them in the US.

[vett 6]

If he filed as single, that is just fine....I did the same and plan on doing the same this year. There is no requirement to file as married because you do not have a social security number and you do not have permanent residence. It actually is better that he files as single because in order to file as married, this would be the case: " If one spouse is a non-resident alien you can file your tax return jointly only if you make an election to be taxed on all your worldwide income and agree to supply all pertinent and necessary documentation of tax liability." Basically meaning YOUR income would apply, and you would be taxed according to US laws. You need to also file a W7 because you do not have a social security number (an assumption). I wouldnt blame your husband, he did the right thing.

thank you for your input. however i do have a SSN, because i was working in america on an H2B visa. so with that being said. do you still suggest that he files his taxes as single? isn't that illegal? and wouldn't it serves as some sort of proof that bona fide our marriage at my upcoming interview? am just asking these questions as obviously i am ignorant to the whole process and do not want to do anything illegal.

thank u in advance.

[xelance 31]

it may serve as evidence of a bonafide marriage, but it sure wont go against you. With that being said, when did you get married?

[vett 6]

it may serve as evidence of a bonafide marriage, but it sure wont go against you. With that being said, when did you get married?

o.k so i guess we will just go ahead and file jointly. we have been married for for 1yr and 10months