Filing Tax Returns as Single after Marriage

[Saiangel 1]

Hi Vj Members,

I am a F2A Category filer. I got married in November 2010 and I filed for my husband in feb 2011. After that I filed my Tax returns as single for the Year 2010 and 2011. Also my Paycheck is ran as Single status. Please let me know will there be any problem in future while filling I-864A (Affidevit of Support) for my husband. If there will be any problem please let me know the solution for my Problem. I am VSC filer and haven't received my NOA-2 yet.

I will really appreciate your Help and Guidance in this Matter. Thanks!!!!

Edited August 27, 2012 by Saiangel

[JohnR! 5,495]

Hi Vj Members,

I am a F2A Category filer. I got married in November 2010 and I filed for my husband in feb 2011. After that I filed my Tax returns as single for the Year 2010 and 2011. Also my Paycheck is ran as Single status. Please let me know will there be any problem in future while filling I-864A (Affidevit of Support) for my husband. If there will be any problem please let me know the solution for my Problem. I am VSC filer and haven't received my NOA-2 yet.

I will really appreciate your Help and Guidance in this Matter. Thanks!!!!

When you file your I-864 you will need to provide your tax transcripts as well, where it will be noted you're filing taxes as single, instead of married. Although the IRS may not catch up to it until a couple of years later, it might raise a red flag with immigration, as to the legitimacy of your marriage.

Edited August 27, 2012 by Gegel

[Mohammada 2]

we had a same problem and we made a correction on 4020 form and changed to married filing separately.

Edited August 27, 2012 by Mohammada

[Saiangel 1]

we had a same problem and we made a correction on 4020 form and changed to married filing separately.

Thanks Mohammada...Please let me know the steps to make a correction. Do I have to File the Tax return again. Please help me for this...

Edited August 27, 2012 by Saiangel

[Dave&Roza 748]

Hi Vj Members,

I am a F2A Category filer. I got married in November 2010 and I filed for my husband in feb 2011. After that I filed my Tax returns as single for the Year 2010 and 2011. Also my Paycheck is ran as Single status. Please let me know will there be any problem in future while filling I-864A (Affidevit of Support) for my husband. If there will be any problem please let me know the solution for my Problem. I am VSC filer and haven't received my NOA-2 yet.

I will really appreciate your Help and Guidance in this Matter. Thanks!!!!

Depending on your husband's income in 2010, it might have been beneficial to file jointly and have him declared a LPR for tax purposes. You are MARRIED so your choices to file a tax returnn are MARRIED FILING JOINTLY or MARRIED FILING SEPERATELY. It is your tax situation that determines which is the best method, but you cannot file as single and as others have pointed out it will cause issues with the USCIS when you file the I-864. Go and file ammended returns for 2010 and 2011.

Your W-4 has not barring on your filing situation. I am still claiming single with 1 deduction as it helps reduce the amount I owe on my estimated taxes, but I file my tax returns as MARRIED FILING JOINTLY as that has the best tax advantage for us.

Good luck,

Dave

[iamwhatiam80 92]

Depending on your husband's income in 2010, it might have been beneficial to file jointly and have him declared a LPR for tax purposes. You are MARRIED so your choices to file a tax returnn are MARRIED FILING JOINTLY or MARRIED FILING SEPERATELY. It is your tax situation that determines which is the best method, but you cannot file as single and as others have pointed out it will cause issues with the USCIS when you file the I-864. Go and file ammended returns for 2010 and 2011.

Your W-4 has not barring on your filing situation. I am still claiming single with 1 deduction as it helps reduce the amount I owe on my estimated taxes, but I file my tax returns as MARRIED FILING JOINTLY as that has the best tax advantage for us.

Good luck,

Dave

What if the spouse is not a resident of USA and does not have a SSN ?

I have been filing single since I got married because my wife does not have a SSN ? Will this be an issue when I file for her green card in the future ?

[ceadsearc 515]

You can't file as single if you are married. You can file as married filing jointly and count your spouse as an LPR for tax purposes or as married filing separately and just file your return. Or as head of household if you have a qualifying household member.

It may look suspicious to USCIS and it will definitely be an issue if IRS audits you.

File a 1040X to amend your returns or see an accountant.

[iamwhatiam80 92]

You can't file as single if you are married. You can file as married filing jointly and count your spouse as an LPR for tax purposes or as married filing separately and just file your return. Or as head of household if you have a qualifying household member.

It may look suspicious to USCIS and it will definitely be an issue if IRS audits you.

File a 1040X to amend your returns or see an accountant.

I understand your point. But to file as married, they also need the SSN of the spouse. My spouse does not have a SSN because she is not a US resident.

[Dave&Roza 748]

I understand your point. But to file as married, they also need the SSN of the spouse. My spouse does not have a SSN because she is not a US resident.

This is when you apply for an individual taxpayer identification number (ITIN). Have a read here to see what needs to be done.

Good luck,

Dave

[sync78 0]

Im glad that this question was raised. I too was married in 2010 and filed my taxes as married but separately. SO when i filed my i360 or vawa, they sent me an RFE for joint taxes. So is it ok to send in the 1040 showing that or do i need to make any ammendments or audits on it??? what if they ask me why i filed separately? thats something thats bothering me too and i still havent send in my RFE. i know it would look suspicious with the USCIS but i honestly had to do it.

Edited August 28, 2012 by sync78

[iamwhatiam80 92]

This is when you apply for an individual taxpayer identification number (ITIN). Have a read here to see what needs to be done.

Good luck,

Dave

Thanx Dave for the information. So if I understand correctly, she needs to first apply for the ITIN and then I have to redo the last 2 years income tax returns.

[Mohammada 2]

Thanks Mohammada...Please let me know the steps to make a correction. Do I have to File the Tax return again. Please help me for this...

hi

it is simple, go to your accountant and want him/her to make correction on your 2011 filing, tell them to change your marital status to married and you want to filing separately.

[Deep2009 18]

To file ITIN number, you need to have your spouse passport notarized and send that with the amended return.

2 options -

1. You can have spouse passport notarized in US, this option will not work for you because he is outside of US.

2. India - You can have his passport notarized and have the "apostille stamp" from ministry of external affairs.

I also try to go that route earlier and has given up, there are so many steps to follow... do a search on google and go from there.

OR if your spouse happened to have US visitor visa, have him/her come to US and have the passport notarized here. You can not have his/her passport shipped or brought to US to have it notarized in US.... this option is TOTAL NO NO.

Only legal option is have it notarized outside and got a "apostille stamp" on it.

Good luck...

[Deep2009 18]

For India, please follow this to get the information about obtaining "apostille stamp"

http://randychd.blogspot.com/2009/04/how-to-and-tips-on-apostille.html

[Saiangel 1]

For India, please follow this to get the information about obtaining "apostille stamp"

http://randychd.blogspot.com/2009/04/how-to-and-tips-on-apostille.html

thanks ....Thanks Everybody for your Help...I Really Appreciate it.