Filed tax return as single

[pushbrk 12,096]

Yep here is one that you may be thinking of: http://candleforlove...post__p__564711

Let's not get all "post hoc, ergo propter hoc" here. Was the visa denied BECAUSE of relationship bona fides, and if so, was the tax return filing status even a factor in that denial? B follows A, does not necessarily mean A caused B. It might have. I didn't read the whole thread but what I read didn't directly connect the filing status to the denial. What did I miss?

[YuAndDan 153]

YOUR husband was single in 2010, or at least not married to YOU, so no problem.

Exactly! How can you file a joint return for last year's taxes when you married in January of this year?

[1HappyGuy 45]

Here is some research I was able to obtain that will allow you to handle things in the future if the problem arises again. I don't think you have a problem now, but this is how to fix it in the future.

Joint return for year in which nonresident alien spouse becomes U.S. resident.

The election at ¶ 567,501 applies where the alien individual is not a U.S. resident at the close of the tax year for which the election was made. There is a special election where a nonresident alien individual becomes a U.S. citizen or resident before the close of the tax year and is married to an individual who is a U.S. citizen or resident on the last day of that tax year. Married individuals who are both nonresident aliens at the beginning of the tax year and become U.S. citizens or residents by the end of the tax year also qualify for this election. The effect of this election is that each spouse is treated as a U.S. resident for the full tax year—that is, each spouse is subject to U.S. tax on his worldwide income for the year. The election is one-time; it does not apply to any later tax year. A husband and wife may not make this election if the election has previously been made by either spouse.

¶567,501. Election to treat nonresident alien spouse as a U.S. resident for income tax and wage withholding purposes.

A person who is a nonresident alien at the end of his tax year, and who is married to a U.S. citizen or a U.S. resident can be treated as a U.S. resident for income tax purposes if the spouses so elect. 1 of the: 2

... income tax (Chapter 1 of the Code) for all the tax year, and 3

... wage withholding (under Chapter 24 of the Code) for payments of wages made during the tax year. 4

________________________________________

1

Code Sec. 6013(g)(1) .

________________________________________

2

Code Sec. 6013(g) .

________________________________________

3

Code Sec. 6013(g)(1)(A) .

________________________________________

4

Code Sec. 6013(g)(1)(B) .

This election is in effect for any individual, who, at the close of the tax year for which the election was made, was a nonresident alien individual married to a U.S. citizen or U.S. resident if both spouses made the election. Thus, to qualify for the election, the U.S. resident or U.S. citizen spouse need be a U.S. resident or U.S. citizen only at the close of the tax year.

[gigi_a 0]

I think we do too. We got married on Jan 22, 2011, my husband filed his 2010 taxes as single last Feb. Do u think this will cause problem also?

Thanks

Nope you are fine. He filed taxes for the 2010 tax year and he was not yet married so that is fine. He could have not filed as married since he was not.

[baba27 0]

London is pretty easy on their interviews so probably won't be a big deal to them.

Your filing status as a married man should have been Married Filing Separately. Your taxes will be higher with that category by the way.

And a FYI, people with spouses who have never even set foot in the US file jointly with those foreign spouses. It's bit complicated. The procedure is to complete the tax return, leaving the SSN or ITIN blank. Write the statement described on page 10 of Pub. 519 electing for the foreign spouse to be treated as a resident alien for tax purposes for 2010. Report the foreign income, but exclude it with Form 2555. Also fill out the ITIN application with supporting documents about the foreign spouse.

Then mail all of that as a paper return to

Internal Revenue Service

ITIN Operations

P.O. Box 149342

Austin, TX 78714-9342

This is a special dept and not where you would mail your normal return. They will process the ITIN, add it to the return, then process the return.

It will likely be the best tax scenario as far as taxes owed/refunded as the case may be.

I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

Now since i made an amendment, will this still be a problem ??

[baba27 0]

Amend your taxes. Won't be too hard. File as married filing separately and you should be ok. The IRS advices to not file married filing jointly if your spouse has at some point during the year been a nonimmigrant since you would have to agree to get taxed on worldwide income (your spouse and yours together which is probably not advantageous for you). Here is a helpful link that might clarify this: http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

P.S. I have not gone through what you are at the moment but as far as dealing with the taxes -Don't Worry :} This is fixable.

I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

Now since i made an amendment, will this still be a problem ??

What's done is done. I did the same with no consequences. My wife was prepared, if asked to indicate I would be filing an amended return once she and her daughter arrived in the USA. She wasn't asked. If your spouse is asked, I would make sure she is similarly prepared. You can amend a return in Turbo Tax but cannot file electronically without the needed ITIN or SSN.

I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

Now since i made an amendment, will this still be a problem ?? as she will keep a copy of amendement

[pushbrk 12,096]

I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

Now since i made an amendment, will this still be a problem ??

Sure, send her the amended return and consider this a non-issue.

[Nich-Nick 3,353]

I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

Now since i made an amendment, will this still be a problem ??

In London, it wouldn't be a problem without amending the return, but you're straight with the IRS now.