Help! Questions about filing taxes

[urbangirluk 73]

My husband just filed his as single as advised by a tax advisor and is gonna adjust later. I'm worries now that this may cause a problem after reading this thread.

[No name 88 48]

I had the same problem, I told my husband I cant send my national id card or passport somewhere for 2 months, I am required by my country law to have it on me all the time. And I didn't live in my country anymore so I didnt really have chance to get certified copies. So my husband got extended dead line to submit taxes, but when I came in states in September we got wrong information and didn't file taxes 2012 because of it, and now uscis giving us hard times about it, even tho we explained everything. When we went through NVC and explained it they had no issue and approved I-864. I wish I would have sent my national ID card to obtain ITIN number and have taxes done. So if I can give you advice try to get ITIN number for your husband. We spoke with IRS and they should be certified in February that they will certify the passport in their office and you don't need to send it anywhere. Same HR block is supposed to be certify to process ITIT number soon. Good luck

Of course if you don't file a tax return for a tax year you'll have a problem. The biggest issue with tax returns that you can have is not filing one. If you file one and screw it up it can be fixed.

[No name 88 48]

You would only owe more taxes for mfs if you were in some of the highest tax brackets. Most people on the board seem to have trouble meeting the poverty guidelines. You do have 3 years to amend taxes filed mfs or single (only 6 months for mfj) but if the CO looks at your tax transcripts and sees the you are filing as single when you're married, that can throw up a red flag that your spouse may have a hard time answering. In essense, why are you trying to hide your marriage from the IRS? Im not saying that will happen, just that it could. With a high fraud embassy it's certainly something to think about!

Wrong. You have 3 years to file an amended return from the April 15 or the date you filed; which ever is later. This includes MFJ. I says it right on the instructions of the 1040X for filing an amended return. What you can't do is change status from MFJ to MFS. At least in Saigon the CO doesn't care what you checked for status; I asked. They only use it to establish that you have funds to support the beneficiary. Maybe this is different in other embassy's.

We have people here that can tell how to get your spouse and former North Korean spy into the US as a citizen but no one has a clear answer on tax law. My point is there is no correct way to file as long as you get a return filed on time or at least within the extension time.

Remember that the IRS can usually only audit three previous years of filings. If you didn't file returns for 10 years and then filed all 10 returns at the same time they can audit all 10 years worth of returns for three years. Get your return filed. Even if you screw up and don't get audited in three years it won't matter.

[LC2016 15]

Of course if you don't file a tax return for a tax year you'll have a problem. The biggest issue with tax returns that you can have is not filing one. If you file one and screw it up it can be fixed.

I obviously want to do the right thing and file as married because we are/were married at the end of last year. I guess I'll go to H&R Block and see what they say maybe I can file for his ITIN number there and maybe get his passport copy certified as Todd & Hanh suggested. I have tried Turbo Tax and it wouldn't let me put NRA in his SSN blank. We'll see what happens tomorrow and I'll let everyone know. Right now this and the waiting to be transferred is seriously stressing us out.

Best wishes everyone!