Is this going to be a problem? IRS 2010 filed single but married...

[DaveE111 10]

There was a post here a while back (maybe a month or so), where a lady was not denied a visa, but was told to have her husband provide a written explanation to the CO as to why he filed single.

[J e n n y 26]

Wow, are people still debating this? I filed single on my 2010 taxes, and it was never brought up in my husband's interview, nor did it have any affect on any part of the visa process.

THE END.

[DaveE111 10]

Not debating anything, just reporting what this lady said.

http://www.visajourney.com/forums/topic/314713-irs-2010-filed-single-ground-for-refusalcan-someone-pls-help-me-fix-it/

[britishspouse 1]

Hubby filed join this year, I just requested an ITIN number, and it was fine.

Ive heard of loads of people filing single though, even when married and its not an issue in most cases. They are more worried about whether you filed your taxes overall

[New Beginnings 32]

I don't think it really should be a question of whether it turned out fine for some or not. I'm a tax analyst and can say that if you are married you should be filing as married. You can choose to file separately or jointly, but you should be filing as married. Requesting an ITIN is very simple and only delays your federal return by a couple of weeks. Well worth the hassle to comply with the law!

[britishspouse 1]

I don't think it really should be a question of whether it turned out fine for some or not. I'm a tax analyst and can say that if you are married you should be filing as married. You can choose to file separately or jointly, but you should be filing as married. Requesting an ITIN is very simple and only delays your federal return by a couple of weeks. Well worth the hassle to comply with the law!

mine took 6 weeks to arrive But eventually it did

Well worth filing married if you can, hubby got back like an extra $1000 !

[LIndsay1811 0]

It's not a problem. After your wife gets a SSN (which you should be able to get any time) you can file a tax amendment changing only your filing status. We did this same thing last year (filled single for 2010-then filed a tax amendment in May of 2011) and just got back our tax amendment refund from the IRS yesterday. It's not a problem with immigration either. If it comes up in your interview just explain your situation, they deal with these things all the time, they know and understand.

[Adil & Jeanne 296]

First IRS allows you to file as single or married when you have spouse without SS card. You do not have to claim her as a dependent. But you can. To do this, you have to file a W-7 for a ITIN (individual taxpayer Identication Number) So, if she is working, you have to pay taxes on her income earned outside the country. The W-7 can only be applied for with your federal Tax Returns. You have to enclose copy of marriage certificate, her birth certificate, (both translated and certified in English, passport (all pages), and National ID card.I sent mine in Feb 21st and got my return in July. So, you can see the good and bad points of this. But it does prove joint accounts so I did it. With the ITIN, you are able to add her to bank or savings to show joint account also to immigration and at embassy interview. Hope this helps.

H

Hello VJs! Im not sure if this is going to be a problem. I got married on May 08, 2010. When I filed for my IRS 2010, I still wrote SINGLE on my status, coz my wife is still not here in the United States didn't have Social Security Number to provide... Is this gonna be a problem when consul see my IRS that I'm still single?

[Casprd 167]

It all comes down to the VO at the consulate. They can reject the visa for this even though it would be a simple mistake. Your options are file married and separate in which case you don't need an SSN for your wife. If you put her name on the return then you can amend it later to joint when she arrives. Or file married and joint in which case you technically need an ITIN. The ITIN department is very picky on the documents they receive depending on the country your wife is from. If it is not a Hague signatory country like my wife is from then it is a major headache and they denied every type of supporting document we used, even to a goverenment notarized copy of her passport. You also need to get a power of attorney in case there is any problem and a letter from her saying she wishes to be treated as a resident for the tax year. The weird thing in our case is because her name was on the return and it was filed as joint, we still got the joint refund which makes me question if an ITIN is really needed or if the IRS screwed up in our case. The state return was processed as joint but they sent a letter requesting the SSN which I can provide after she arrives and gets hers.

Anyway back to topic. bottom line is it can be a reason for denial so you need to file an amended return even if it is just to file married and separate and put her name on the spouses line or you can try the ITIN route but since you already filed, that will be processed separately from your return. You could alternatly try to ammend it as married and joint and in the SSN field put ITIN applied.

[New Beginnings 32]

First IRS allows you to file as single or married when you have spouse without SS card. You do not have to claim her as a dependent. But you can. To do this, you have to file a W-7 for a ITIN (individual taxpayer Identication Number) So, if she is working, you have to pay taxes on her income earned outside the country. The W-7 can only be applied for with your federal Tax Returns. You have to enclose copy of marriage certificate, her birth certificate, (both translated and certified in English, passport (all pages), and National ID card.I sent mine in Feb 21st and got my return in July. So, you can see the good and bad points of this. But it does prove joint accounts so I did it. With the ITIN, you are able to add her to bank or savings to show joint account also to immigration and at embassy interview. Hope this helps.

H

That is not 100% correct, if you do not want to apply for the ITIN you would file "married - filing separately" You should not file as single. You can certainly amend it later on if you do file as single but you really should file as married.

[Done--Really 331]

Every one of these threads ends up the same way--people telling others what they SHOULD do. The facts are simple--you can amend with no grief for three years--there is no IRS reason to jump through hoops up front, even if some of you think that somehow it is illegal or immoral or whatever.

As to the immigration side of things, there have been countless people here and obviously thousands that we don't know about who have had ZERO problems. That is not to say that there is no risk albeit small that your spouse will be confronted at the interview,and that is where to place your enrgy--not franticly trying to change everything at the IRS when it is just not required.

Zero risk?? Of course not, but extremely low, and why jump through hoops now when you can amend at your own pace in a few months.

[RosyMad 2]

I sent tax transcripts for the past 3 years and i did not write a letter explaining anything..

[benjamin10 0]

my husband was able to get me a temporary number because he had to file with me on it since he gets money for dependants from the military

[Daniel&Theary 30]

Hello VJs! Im not sure if this is going to be a problem. I got married on May 08, 2010. When I filed for my IRS 2010, I still wrote SINGLE on my status, coz my wife is still not here in the United States didn't have Social Security Number to provide... Is this gonna be a problem when consul see my IRS that I'm still single?

If you are married for more then half the year and you can prove you supported her. She can request a tax id number and you could claim her on yours taxes http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html

[fazmo 24]

I did the same thing and my AOS passed the NVC financial support review process. I filed using an e-file software and it automatically selected single (although I originally choose married) when I said no SSN and wife is non-resident alien. I also saw that (you can check it too) the W-4 form for withholding tax specifically instructs you to choose single if spouse is non-resident alien. You should be good. Just be prepare your spouse to explain if CO raise questions about it.