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rhonie36

Filing 1040 Tax as Single (although married) bc spouse is out of country (for 4 years)

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Basically, if anyone can shed some light as to what I should do, I'd greatly appreciate it. I know there were questions like this but we are just NOW applying for an immigrant visa... so I'm wondering if the situation is different.

I got married in 2008 out of the country. We lived together for a year, but my husband and I have been doing long distance since around 2010. I started medical school in the states (I'm US citizen); he continued working in the UK (British citizen). After having a baby now (I'm currently in the UK), we obviously all have to live together and I've been collecting documents for his immigrant visa.

While filing my 1040 tax returns, I had thought that because we didn't get married in the US that our marriage wasn't "justified" in the US. So, I've been claiming my tax returns as single... Now, I'm just wondering if I did the wrong thing because I have to include my latest 1040 as a document for his visa interview and think this could pose as a red flag for the visa interviewer...

Any thoughts? Do I need to amend all of my previous forms? I am definitely not so savvy in finances/taxes...

Thank you for reading~

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Basically, if anyone can shed some light as to what I should do, I'd greatly appreciate it. I know there were questions like this but we are just NOW applying for an immigrant visa... so I'm wondering if the situation is different.

I got married in 2008 out of the country. We lived together for a year, but my husband and I have been doing long distance since around 2010. I started medical school in the states (I'm US citizen); he continued working in the UK (British citizen). After having a baby now (I'm currently in the UK), we obviously all have to live together and I've been collecting documents for his immigrant visa.

While filing my 1040 tax returns, I had thought that because we didn't get married in the US that our marriage wasn't "justified" in the US. So, I've been claiming my tax returns as single... Now, I'm just wondering if I did the wrong thing because I have to include my latest 1040 as a document for his visa interview and think this could pose as a red flag for the visa interviewer...

Any thoughts? Do I need to amend all of my previous forms? I am definitely not so savvy in finances/taxes...

Thank you for reading~

The safest way to go is to amend your past taxes and change filing status from 'single' to 'married filing separately'. Unfortunately you did the wrong thing because were your marriage not justified in the US, the USCIS would not have accepted it as the basis for your petition for your husband's visa to immigrate to the US. However on a positive note, it can be fixed by amending past tax returns and changing your filing status.

Good luck!


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Hi! Thanks for your reply!

So, I'd have to amend 2009, 2010, and 2011 tax returns. Would I have to have done a US tax return for my husband??...

And, would I now have to amend something for FAFSA regarding my stafford loans?... Along that note, I wonder if his visa can be approved seeing that I'm a student (but he has assets in the UK which I guess could be "liquidized" if need be).

Thanks again~

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Hi! Thanks for your reply!

So, I'd have to amend 2009, 2010, and 2011 tax returns. Would I have to have done a US tax return for my husband??...

And, would I now have to amend something for FAFSA regarding my stafford loans?... Along that note, I wonder if his visa can be approved seeing that I'm a student (but he has assets in the UK which I guess could be "liquidized" if need be).

Thanks again~

Correct... Amend the last three tax returns just so you are on the safe side. If your husband has a SSN or ITIN then you might want to include him in your taxes, but bear in mind you would need to declare his income in his homecountry as well, which might not be to your advantage, so I would appear, from a distance, that you would still be better off changing your filing status to 'married filing separately'. Only a tax expert can tell you for sure, based on your actual figures.

I am not sure if you would need to change anything with your student loans though.

If you do not have job and steady income, you may need to be asked to provide a co-sponsor and in addition/lieu your husband might be able to throw in his weight depending on the type of assets he has in GB.


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