AOS and Taxes

[DandT14 272]

Okay I will make sure that I talk to a professional... In this journey I have learned that doing your research first and then going to a professional is much better. Professionals just tell you just about anything these days.

So then should I attempt to get a tax ID? Will I be able to get one since I have been here this long? I have not worked at all since I have been here, so filing separately would that raise a red flag because he has been supporting me all these years.

You can submit a request for a tax ID with your tax return. You leave the section for your Tax ID blank and the IRS will fill it in when they assign it. Then they send you a letter telling you what it is. I guess then you would have to wait until you got it back before you amended the others.

When someone said it's "worse" to file separate, they meant financially. Generally it will cost you less in taxes if you file jointly vs. separate. If he filed as Head of Household, you will definitely pay more if he amends to married/separate. If he amends to married/joint, you probably won't pay more, unless you had income.

If you're nervous about it, talk to a professional. Personally I don't find taxes that difficult, unless you get into business or self-employment income.

[MlovesW 7]

False. Why would it be worse when you file married but seperate? That makes no sense .... They are just telling the truth. If there's no reason to file jointly then song do it .... But filing as single is a BIG FAT LIE when you're married. And he can get a penalty for that.

Slow down AF wife, maybe I didn't clarify my response enough. I meant to the IRS and taxation the status "married filing seperate" is worse than "single" in regards to amounts owed. If the OP (non USC) did not file her own return they should amend to "married filing jointly" and they may see some money returned vs owing money. I am not a tax professional but worked in a tax department for many years. I know the IRS publications and I understand tax law pretty well. If one files "married but seperate" IRS gives a lower deduction, this is to avoid tax evasion, ie ( I make 150k a year, spouse makes 150k a year. We file together our combined income is 300k putting us in a higher tax bracket. I we filed seperate we are in lower bracket and pay less, IRS isn't stupid and does not allow this without making it more complicated). That is what I meant. I am sure USCiS could care less which "married" status you use as long as your not misrepresenting by filing Single..

[ceadsearc 515]

You can amend to married filing jointly or married filing separately. YMMV but I have done both and gotten a bigger return than filing single with either one (highest filing jointly, though). If your concern is just getting it done quickly than married filing separately is quickest and your spouse does not have to worry about filing anything. Jointly may net you a bigger return (or may not).

The form you want is 1040X. Amending is not complicated, but you can always use an accountant if you need help. I'd recommended against a tax mill like H&R block as they tend to have employees who have been crash-trained and don't always know everything. An accountant would be better, IMO.