I-864 Taxes for NVC Red Flag

[Malayeka 1]

Head of Household

Filing as head of household usually results in a lower tax

than filing singly or married filing separately. You can file

as head of household if you are single or unmarried, paid

more than half the cost of keeping up a home, and had a

qualifying child or qualifying relative that lived with you in

the home for more than half the year. But if the qualifying

relative is your parent, he or she does not have to live

with you. You must be able to claim an exemption for the

parent, and you must pay more than half of the cost of

the parent's household expenses.

If you are married you can file as head of household if

you can be considered unmarried. All of the following

must be true:

You and your spouse file separately.

You pay more than 50% of the expenses of maintaining

the household.

Your spouse did not live in the home for the last 6 months

of the year.

The household is the principal home of a qualifying

person or child.

You can claim an exemption for a qualifying person or

child.

You can also file as head of household if your spouse

was a nonresident alien at any time during the year.

However, your spouse does not count as a qualifying

person. You must have another person and meet all the

other tests to qualify for head of household.

[Roosha 51]

@Lee, I wouldn't worry about it. They don't look at taxes as concrete evidence of your marriage. If you've sent other evidence and it's solid then you don't have to worry. I'd leave it as is until you have your wife in the states and she has her SSN. Then amend your return. I'm sure you're not the first case they've processed who filed single when they should have filed married!

For reference here are the filing statuses and how they apply to our situation:

Single: No, you're married and you shouldn't choose this option. However, this status offers the least tax breaks so no one is going to come knocking on your door or take you off to jail for it.

Married/Jointly: You have to get a ITIN for your alien spouse, and the requirements include copies of passport that are certified from issuing agency. The requirements can be a lot of trouble for people in certain countries.

Married/Separately: Easiest choice, just put "NRA" (stands for non-resident alien) in the box where it asks for your spouse's SSN and you're good to go.

Head of Household: You can also use this status but you have to be careful b/c there are a lot of requirements, one being tha "You pay more than 50% of the expenses of maintaining the household." and that you have another dependent that is not your spouse (a child or infirm parent or something).

HTH and Good Luck!

[Moomin 292]

But u cant file married if your spouse has never been in the states and if they did not live with you 6months out of the year. A lot depends on what has gone on in the last year your filing for.

Besides wrong info, you might want to check your past years tax return and have them amended. If not for the purpose of correcting them, then atleast for the purpose of immigration as part of your evidence as a married couple, especially if the embassy makes it their destiny to find red flags. If you got married in 2011, the last year you possibly could've filed as single was on your 2010 tax return.

[Lee & Madel 0]

Besides wrong info, you might want to check your past years tax return and have them amended. If not for the purpose of correcting them, then atleast for the purpose of immigration as part of your evidence as a married couple, especially if the embassy makes it their destiny to find red flags. If you got married in 2011, the last year you possibly could've filed as single was on your 2010 tax return.

I got married sept 2012 .. so I think I am good there. So I will be sending my 2012/11/10 taxes.. thanks for the info! I may just send them all and have it amended when she gets here to the US. Hopefully it will not be a problem!

[Lee & Madel 0]

@Lee, I wouldn't worry about it. They don't look at taxes as concrete evidence of your marriage. If you've sent other evidence and it's solid then you don't have to worry. I'd leave it as is until you have your wife in the states and she has her SSN. Then amend your return. I'm sure you're not the first case they've processed who filed single when they should have filed married!

For reference here are the filing statuses and how they apply to our situation:

Single: No, you're married and you shouldn't choose this option. However, this status offers the least tax breaks so no one is going to come knocking on your door or take you off to jail for it.

Married/Jointly: You have to get a ITIN for your alien spouse, and the requirements include copies of passport that are certified from issuing agency. The requirements can be a lot of trouble for people in certain countries.

Married/Separately: Easiest choice, just put "NRA" (stands for non-resident alien) in the box where it asks for your spouse's SSN and you're good to go.

Head of Household: You can also use this status but you have to be careful b/c there are a lot of requirements, one being tha "You pay more than 50% of the expenses of maintaining the household." and that you have another dependent that is not your spouse (a child or infirm parent or something).

HTH and Good Luck!

So you believe I will be ok? Have you heard of anyone else that may have done the same as me? But thank you for all your thought and time... I really appreciate it!

[Lee & Madel 0]

Head of Household

Filing as head of household usually results in a lower tax

than filing singly or married filing separately. You can file

as head of household if you are single or unmarried, paid

more than half the cost of keeping up a home, and had a

qualifying child or qualifying relative that lived with you in

the home for more than half the year. But if the qualifying

relative is your parent, he or she does not have to live

with you. You must be able to claim an exemption for the

parent, and you must pay more than half of the cost of

the parent's household expenses.

If you are married you can file as head of household if

you can be considered unmarried. All of the following

must be true:

You and your spouse file separately.

You pay more than 50% of the expenses of maintaining

the household.

Your spouse did not live in the home for the last 6 months

of the year.

The household is the principal home of a qualifying

person or child.

You can claim an exemption for a qualifying person or

child.

You can also file as head of household if your spouse

was a nonresident alien at any time during the year.

However, your spouse does not count as a qualifying

person. You must have another person and meet all the

other tests to qualify for head of household.

Thank You! I may just send them out hoping it will not be a problem... We have wedding albums and marriage certificate from NSO... I am hoping they just care about what I make per year!

[Lee & Madel 0]

Also how about if I have my tax man write a notarized letter and he can explain his mistake?? And I can attach it to my 2012 taxes? He will explain we will amend it here in the US when she arrives after we get her SS#. I really appreciate everyone's help here...

[Roosha 51]

Lee you need to stop over thinking. Don't attach a letter and don't make it a big deal b/c it's not. If there are any questions asked at the interview just state that this is what your tax adviser said to do and that you'll amend when you arrive to the states. Your timeline says your spouse is in the Philippines which as far as I know is not a high fraud country and so you shouldn't have problems if you've got other evidence. Make sure you've got records of communication between you and your spouse, skype and chat records/emails etc, that is also strong evidence.

[Darnell 8,478]

But u cant file married if your spouse has never been in the states and if they did not live with you 6months out of the year. A lot depends on what has gone on in the last year your filing for.

Disagree. Vehemently.

[Darnell 8,478]

But u cant file married if your spouse has never been in the states and if they did not live with you 6months out of the year. A lot depends on what has gone on in the last year your filing for.

Disagree. Vehemently.

[mfranc68 31]

I spoke to three different CPAs and they all told me the same thing. I was married in May 2011. I filed single. I also filed single for 2012. When my wife gets here I can/will amend my tax returns for those two years from single to married. The main thing for the IRS is are you paying less taxes then you owe? No, if you are filing single you are actually paying more taxes then you owe. There shouldn't be a problem. I do trust my tax advisor. He is very good and I have been with him for 15 years.

[Roosha 51]

Like I said, you won't get any flack from the IRS for filing single. But the question most people worry about is not the IRS, but whether immigration will look at this as a red flag. A lot of people freak out thinking it'll look bad that you've filed single when you're actually married and it will somehow affect your visa approval. I personally don't think it will. No one is saying that the IRS is going to have a problem with it.

[flybird 0]

If filing married separate, I understand that no ITIN or SSN is needed for the foreign spouse. My question is about writing NRA (nonresident alien).

Put that for the foreign spouse's SSN?

Put that for foreign spouses NAME?

Put that for both?

[NikLR 13,220]

If filing married separate, I understand that no ITIN or SSN is needed for the foreign spouse. My question is about writing NRA (nonresident alien).

Put that for the foreign spouse's SSN?

Put that for foreign spouses NAME?

Put that for both?

Put it where the spouse's SSN would go. Your spouse has a name. LOL

[NikLR 13,220]

Like I said, you won't get any flack from the IRS for filing single. But the question most people worry about is not the IRS, but whether immigration will look at this as a red flag. A lot of people freak out thinking it'll look bad that you've filed single when you're actually married and it will somehow affect your visa approval. I personally don't think it will. No one is saying that the IRS is going to have a problem with it.

I know this thread is old but strangely enough when my husband phoned the IRS he asked them several times if he could just file as single and they repeatedly told him No. But they also wanted me to have an ITIN for married filing separately (which we all known you don't so long as you mail it in with the NRA). Long story short he filed for an extension online and got it. We have an automatic 6 months and since he would be getting a refund, it's all good.