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Mohammada

Please help me (Urgent)

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hi guys

our case is f2a , we have some issue with my wife's 2011 tax return.her accountant filled out her status as single. now we informed that she must file married not single. but her accountant says she cant file for my wife as a married because your husband (me) doesn't have any social security number. please tell me how did you fill in your tax return form?

Edited by Mohammada

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She needs to apply for ITIN number for you with IRS. After that she can file as married.

thank you for your respond

are you sure? how come should she apply for itin number for me? is it the only way? because my lawyer said she should file as married file separately ! and IRS confirmed that yes you can file as a married file separately. and is it important for our case ? i mean does it make us in trouble for sponsorship?

thanks

Edited by Mohammada

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Speak to an accountant, not a lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I agree, talk to an accountant. But yes, she could file married filing separately and write "NRA" (nonresident alien) in place of your social. She needs to file a 1040x.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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hi guys

our case is f2a , we have some issue with my wife's 2011 tax return.her accountant filled out her status as single. now we informed that she must file married not single. but her accountant says she cant file for my wife as a married because your husband (me) doesn't have any social security number. please tell me how did you fill in your tax return form?

It could be done either way, because you do not leave with her in the USA during the tax year.

Married persons living apart. If you live apart from your spouse and meet certain tests, you may be considered unmarried. If this applies to you, you can file as head of household even though you are not divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household , later.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736

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It could be done either way, because you do not leave with her in the USA during the tax year.

Married persons living apart. If you live apart from your spouse and meet certain tests, you may be considered unmarried. If this applies to you, you can file as head of household even though you are not divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household , later.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736

Someone who is married can file married jointly, married separate, or head of household if they qualify. Someone with a foreign spouse can file as head of household if their foreign spouse is a nonresident alien and they choose not to have them considered a resident alien for tax purposes, but they still need a dependent to qualify as head of household. The nonresident alien spouse does not qualify as a dependent for this purpose. If the OP's wife doesn't have a dependent that would qualify her as head of household then she must file either married joint or married separate. She cannot file single.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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thank you all for advice

my wife's accountant believed that my wife shall fill in as a single at the first and said i filled in correctly before but after talking to IRS a man explained for her she could file married separately. actually she filled as single before and now we are going to correct that because of sponsorship. finally the accountant agreed to file married separately but she didn't say i need ITIN or something else. i wonder the accountant to file incorrect again. i am confused.is married filing separately ok? doesn't need an ITIN number? is her status really important for sponsorship?

thanks

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thank you all for advice

my wife's accountant believed that my wife shall fill in as a single at the first and said i filled in correctly before but after talking to IRS a man explained for her she could file married separately. actually she filled as single before and now we are going to correct that because of sponsorship. finally the accountant agreed to file married separately but she didn't say i need ITIN or something else. i wonder the accountant to file incorrect again. i am confused.is married filing separately ok? doesn't need an ITIN number? is her status really important for sponsorship?

thanks

This is a quote from the IRS page publication 501 and it is the same source I quote before, it is not what I think it was the IRS page said.

Nonresident alien or dual-status alien. A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736

You were not a US resident during 2011. What status she used to file her Income tax does not affect her sponsorship for you.

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This is a quote from the IRS page publication 501 and it is the same source I quote before, it is not what I think it was the IRS page said.

Nonresident alien or dual-status alien. A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736

You were not a US resident during 2011. What status she used to file her Income tax does not affect her sponsorship for you.

thank you alot

i read IRS page. now i found that if my wife files as married separately she must pay more tax than filing as Head of Household.she lives alone without any parent or child. she works and studies. she made money around 12000$, and IRS returned about 500$ back to her. the questions are,

can she file as head of household?

will she qualify for head of household ?

is there any difference between married separately & head of household for being my sponsor?

is it possible they take back the 500$ from my wife if she files as married separately?

your response is greatly appreciated,

Edited by Mohammada

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No, for head of household she would have to have a qualifying person like a child. If it is just the two of you her choices are married filing jointly and married filing separately.

If they improperly gave her money she will have to pay it back. But if she is going from filing as single to married filing separately it is unlikely she will owe more - single status is usually taxed at the highest rate.

Edited by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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thank you alot

i read IRS page. now i found that if my wife files as married separately she must pay more tax than filing as Head of Household.she lives alone without any parent or child. she works and studies. she made money around 12000$, and IRS returned about 500$ back to her. the questions are,

can she file as head of household?

will she qualify for head of household ?

is there any difference between married separately & head of household for being my sponsor?

is it possible they take back the 500$ from my wife if she files as married separately?

your response is greatly appreciated,

She doesn't qualify to file as head of household unless she has a qualifying dependent. The whole purpose of the head of household filing status is to give a tax break to someone who supports one or more dependents but isn't married.

They don't "take back" money they've already given her. If they determine she was owed a smaller refund or that she owes taxes then they'll send her a bill for the amount owed.

With an income of $12K she doesn't make enough to sponsor you. Does she have a joint sponsor?


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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