file tax return as single

[jenaelle 1]

hi VJ'ers my husband filed his tax return as single even though we are married, you think this would cause a problem for our CR1 petition? our case is at NVC already, any advice you can give us? thank you so much

[bayojona3231 4]

As a tax professional,I think it may. He should consider filing amended returns to correct the mistake as soon as possible. For Federal,he needs to file form 1040x.

quote name='jenaelle' timestamp='1342674220' post='5537088']

hi VJ'ers my husband filed his tax return as single even though we are married, you think this would cause a problem for our CR1 petition? our case is at NVC already, any advice you can give us? thank you so much

[BBCC 16]

hi VJ'ers my husband filed his tax return as single even though we are married, you think this would cause a problem for our CR1 petition? our case is at NVC already, any advice you can give us? thank you so much

As a tax professional,I think it may. He should consider filing amended returns to correct the mistake as soon as possible. For Federal,he needs to file form 1040x.

Agree. It's an error that needs to be corrected. Re-do an amended 1040 as either married filing separate or married with foreign non-resident alien spouse, attach the 1040X amendment, file it with the IRS ASAP.

Depending on how far into your process you are with the NVC, if you have already filed your I-864 then you may want to contact them to see if you should submit the new tax docs now or just bring them with you to the interview. If you haven't file the I-864 yet, then just attach your original return, new return and 1040X to it all and send it with the I-864.

Edited July 19, 2012 by BBCC

[Scott & Ale 3]

hi VJ'ers my husband filed his tax return as single even though we are married, you think this would cause a problem for our CR1 petition? our case is at NVC already, any advice you can give us? thank you so much

I do not think it is a big issue. I have seen others do this intentionally. Do you have a SSN or ITIN number? If not then it doesn't matter.

I assume you do not have residency status in 2011. You then need to make a decision.

1. Treat both as US residents for the entire year and all income earned globally for both of you is taxed in the US. You can then file a joint return as married but the non resident needs a SSN or ITIN. If the non-resident had decent non-US income this could increase tax liability and may not be desired.

2. Treat the non resident spouse as a non resident. The US tax return would then need to be filed as either single or married filing separetly. Doesn't really matter which way you do it, the tax in all liklihood would be the same. Your husband would not get the potential benefit of lowering your taxes.

In my opinion you are fine for the NVC process. If they ask, you will can simply state that you did not file a joint return because of either the foreign earned income (if it applies) or because you had no ITIN or SSN. But it is a good idea to see if there is a refund coming your way by making an amendment if you did not have much foreign income.