Super Confusion issue on the Tax for CR1

[Rahstyles 10]

Okay..

So in july of 2012 i filed for a divorce. I live in california so it takes 6months to get a divorce decree . So i finally got a certified copy of my divorce decree on Dec 28 2012. Then i got married in the philipines on January 21 2013.

Now i filled my taxes as signle head of house HOld "cause i have 1 kid" So bascially when i send my tax transcript for 2012 for the supoort affidvite or whatever what not .. its fine right? cause i was signle for 2012 ..

So my few questions are... Should i have changed my w-2 or w-9 (iforgot which changes your status on your paycheck at work) to single back in july.. or single after dec 28 2012 (since thats when i got my decree). Also i changed it to signle in december.. but should i change it back to married??? since im married now? But see the issue is I heard many people tell me since my wife is not here yet and she has no connection to the usa besides being with me and my marriage took place abroad.. I should put as married or file for taxes as married till she is approved on the cr1 and she steps foot in the usa..

I just dont want to be denied because it shows i am single on my paystubs i send in on the support aff. So please tell me cause i still have a few months to change it on my paystubs.

I believe they ask for a ssn when you put down as married.. Also can i claim my wife? on my w2 or .. omg this is soo confusing.. damn...

[speedwell 224]

Okay..

So in july of 2012 i filed for a divorce. I live in california so it takes 6months to get a divorce decree . So i finally got a certified copy of my divorce decree on Dec 28 2012. Then i got married in the philipines on January 21 2013.

Now i filled my taxes as signle head of house HOld "cause i have 1 kid" So bascially when i send my tax transcript for 2012 for the supoort affidvite or whatever what not .. its fine right? cause i was signle for 2012 ..

So my few questions are... Should i have changed my w-2 or w-9 (iforgot which changes your status on your paycheck at work) to single back in july.. or single after dec 28 2012 (since thats when i got my decree). Also i changed it to signle in december.. but should i change it back to married??? since im married now? But see the issue is I heard many people tell me since my wife is not here yet and she has no connection to the usa besides being with me and my marriage took place abroad.. I should put as married or file for taxes as married till she is approved on the cr1 and she steps foot in the usa..

I just dont want to be denied because it shows i am single on my paystubs i send in on the support aff. So please tell me cause i still have a few months to change it on my paystubs.

I believe they ask for a ssn when you put down as married.. Also can i claim my wife? on my w2 or .. omg this is soo confusing.. damn...

Rah, you say you were actually single on December 31 of 2012. Your single HOH filing is fine FOR 2012.

If your wife is still not in the country on December 31, 2013, and you are still married, you will have to file as married for 2013. (No, I am not saying this will happen, it's just an example.) You MUST file as married for each tax year in which you were married on December 31.

Don't worry about what your W-2 at work says. It only matters that you put the correct thing on your actual tax form that you file. My pay stubs say single too, as a matter of fact, and my CPA didn't think anything was wrong with that. It is legal to be married and have tax withheld as single. It is not legal to be married and put single on your tax return. If your other supporting information is good (joint lease or property ownership, joint bills, joint insurance, joint bank accounts), don't worry about this. I'm not.

You can file married joint or separate with your wife in 2013 if you are married on December 31. She will probably have an SSN by then, but if not, you have a whole year to plan what to do. I just did it myself. Don't worry about it yet because tax rules may change by then.

Just make sure your other information is in order, and you should be fine. Relax.

Edited February 19, 2013 by speedwell

[Rahstyles 10]

Rah, you say you were actually single on December 31 of 2012. Your single HOH filing is fine FOR 2012.

If your wife is still not in the country on December 31, 2013, and you are still married, you will have to file as married for 2013. (No, I am not saying this will happen, it's just an example.) You MUST file as married for each tax year in which you were married on December 31.

Don't worry about what your W-2 at work says. It only matters that you put the correct thing on your actual tax form that you file. My pay stubs say single too, as a matter of fact, and my CPA didn't think anything was wrong with that. It is legal to be married and have tax withheld as single. It is not legal to be married and put single on your tax return. If your other supporting information is good (joint lease or property ownership, joint bills, joint insurance, joint bank accounts), don't worry about this. I'm not.

You can file married joint or separate with your wife in 2013 if you are married on December 31. She will probably have an SSN by then, but if not, you have a whole year to plan what to do. I just did it myself. Don't worry about it yet because tax rules may change by then.

Just make sure your other information is in order, and you should be fine. Relax.

Well basically now my quesiton is this:

1. I filled this tax return (the current one for 2012) as single head of house hold and yes i was signle on dec 28 through dec 31 2012. Now my quesiton is.. when i filed for the taxes i filed on jan 31 2013. Now does the form ask if your married now? or If i was married in 2012??? Also even though i filed for a devorce back in july of 2012 .. and finally got my decree in dec 2012 .. does that count as single?? cause it seems like i have been married a little more than half the month of 2012 well exactly half.. or does it still concider im married till dec 28 2012 when my decree take place?

Also.. can i claim married on my paystub? so they take less taxes from me??? cause signles claiming double the amount .. and it hurts.. Or maybe should i wait till after she gets to the usa with a valid ssn before i change my status to married?

[speedwell 224]

Well basically now my quesiton is this:

1. I filled this tax return (the current one for 2012) as single head of house hold and yes i was signle on dec 28 through dec 31 2012. Now my quesiton is.. when i filed for the taxes i filed on jan 31 2013. Now does the form ask if your married now? or If i was married in 2012??? Also even though i filed for a devorce back in july of 2012 .. and finally got my decree in dec 2012 .. does that count as single?? cause it seems like i have been married a little more than half the month of 2012 well exactly half.. or does it still concider im married till dec 28 2012 when my decree take place?

Also.. can i claim married on my paystub? so they take less taxes from me??? cause signles claiming double the amount .. and it hurts.. Or maybe should i wait till after she gets to the usa with a valid ssn before i change my status to married?

The form is for tax year 2012, so it doesn't care about anything in 2013. It only cares whether you were married on December 31, 2012. You were not married on December 31, so you cannot claim you were. If you supplied more than half of the living expenses for your wife and/or child in 2012, you can claim them as dependents, but you must file single.

You can claim married at work for withholding, because you are married now, and you can do this as soon as you want. Talk to your HR person about it.

Your tax status does not depend on whether your wife has a SSN.

[speedwell 224]

http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220721 Here is information about filing status as of the last day of the tax year.

[Rahstyles 10]

The form is for tax year 2012, so it doesn't care about anything in 2013. It only cares whether you were married on December 31, 2012. You were not married on December 31, so you cannot claim you were. If you supplied more than half of the living expenses for your wife and/or child in 2012, you can claim them as dependents, but you must file single.

You can claim married at work for withholding, because you are married now, and you can do this as soon as you want. Talk to your HR person about it.

Your tax status does not depend on whether your wife has a SSN.

YEs i did pay for more than half my living expanses for my son.. and i did claim him as a dep.. so Head of house hold is correct right?

Also.. if i change my status to married on my tax at work.. and shes not here by the time i file for 2013 .. does that mean i have to file as signle.. and pay a huge sum back?

[speedwell 224]

YEs i did pay for more than half my living expanses for my son.. and i did claim him as a dep.. so Head of house hold is correct right?

Also.. if i change my status to married on my tax at work.. and shes not here by the time i file for 2013 .. does that mean i have to file as signle.. and pay a huge sum back?

HOH is perfect for you.

No, if you are married, you are married. You do not file as single if you are considered married for the tax year. If you are still married on the last day of 2013, you are married for tax year 2013.

Edited February 19, 2013 by speedwell

[Rahstyles 10]

HOH is perfect for you.

No, if you are married, you are married. You do not file as single if you are considered married for the tax year. If you are still married on the last day of 2013, you are married for tax year 2013.

They do take less taxxes from you at work if you where to file as married instead of single right??

Also.. are you shure shure shure... cause i dont want to file as married next year and shes not here with a ssn and they tell me i gotta pay all these taxes..

[speedwell 224]

They do take less taxxes from you at work if you where to file as married instead of single right??

Also.. are you shure shure shure... cause i dont want to file as married next year and shes not here with a ssn and they tell me i gotta pay all these taxes..

That's right, they will consider 2 people instead of 1. The W-4 that you fill out has the instructions and your HR person will help you out.

And YES, I am sure. You can CHOOSE to file single HOH under certain circumstances (if during that tax year your wife does not live with you and your child does), but no, they will not MAKE you file single if you are really married on December 31 of that tax year. It doesn't matter whether your wife has a SSN or not.

Edited February 19, 2013 by speedwell

[Rahstyles 10]

That's right, they will consider 2 people instead of 1. The W-4 that you fill out has the instructions and your HR person will help you out.

And YES, I am sure. You can CHOOSE to file single HOH under certain circumstances (if during that tax year your wife does not live with you and your child does), but no, they will not MAKE you file single if you are really married on December 31 of that tax year. It doesn't matter whether your wife has a SSN or not.

Now you said "if your wife doesnt live with you" So I can still change my status on my check to married even thought she does not live with me?

[speedwell 224]

Now you said "if your wife doesnt live with you" So I can still change my status on my check to married even thought she does not live with me?

Married is married. The tax situation for filing as head of household probably does not apply to you. If you need any more explanation beyond what is available on the IRS link I gave you above, I suggest you contact your HR rep, a CPA, or a tax attorney.

Edited February 19, 2013 by speedwell

[Rahstyles 10]

Married is married. The tax situation for filing as head of household probably does not apply to you. If you need any more explanation beyond what is available on the IRS link I gave you above, I suggest you contact your HR rep, a CPA, or a tax attorney.

Ok thanks

[pushbrk 13,612]

Now you said "if your wife doesnt live with you" So I can still change my status on my check to married even thought she does not live with me?

What you do on your W9 is based on how much you want withheld from your paycheck. If it's too much, you get a big refund. If it's too little, you pay a little when you file the return. This issue is of no concern in the immigration process.

[Rahstyles 10]

Thanks!