i864 package--Filed tax returns as "single" instead of "married"

[Wali007 0]

Hello!

Alright, I am really confused about this issue and I need some good advise

I need to send the i864 form to NVC for my spouse visa who is residing overseas. I didn't notice until now that my accountant filed my 1040 tax returns as "single" whereas I think it should have been "married filing separately". I have already filed my taxes and my taxes and installment agreement were accepted about couple of months ago. Now I am confused whether I should send in my taxes exactly like this and give an updated copy of amended tax returns to my spouse so she can take it to her interview overseas.
Or should I amend my taxes immediately and mail in the amended tax forms? (will I get hit with extra tax fees if I amend my taxes to married filing separately? )
I will really appreciate any prompt and kind suggestions.
Thanks!

[Ed and Gina 45]

Actually - you should get more back in taxes. It goes without saying...you should have been paying a little more attention to what your accountant/tax-preparer did with your taxes. That's water over the dam now. Yes, you should file an amended return. If your wife does not have an ITIN, you will have to put "NRA" (Non Resident Alien) where the SSN or ITIN would go. You will not be able to file it electronically. You will have to mail it in. It could take up to 6 weeks - or longer - to get a response from the IRS. As you know, they're not the easiest people in the world to call...let alone, get a straight answer. And, of course, it is extremely unlikely that they will expedite your amended return. You could try getting with your tax accountant to see what they might be able to do.

You tax preparer should have known that you were married - did you tell them? Legally, if you're married, you must file as married. USCIS is likely to notice that. However, it's possible that they will accept a copy of your amended return - in addition to your original 1040 - filed as Single.

Since you are already at the stage of filling out the I-864, you need to get this done ASAP!!!!!! By the time that NVC starts processing it - it is very likely that the IRS will have processed your amended return...in time for your wife's interview at the Embassy. But, you do need to amend your return as Married Filing Separately. Unless your wife has an ITIN (I suspect she doesn't), you will not be able to file as Married Filing Jointly. You will also have to have her signature on the return in that event. With Married as Separate, her signature is not required. But, you will have to provide her name on the 1040.

Hope this helps.

[Wali007 0]

Thanks for the feedback. My accountant knew I am married, I don't know why he had this bright idea to put me as single. I should have paid more attention to at the time of filing .

Just to be clear, I will need to send the original 1040 form along with my amended tax returns? or Should I only send the amended tax returns with i864?

Thanks!

[Ed and Gina 45]

I'm not sure if you would need to send both...but, it might not be a bad idea...just make sure to clearly identify the amended return...you might want to attach a brief explanation on a separate sheet. Be sure to put your name, date of birth, case number and the beneficiaries name and date of birth with a headline saying something along the lines of - brief explanation of submitted tax forms - original 1040 and amended return reflecting married status. I think that USCIS/NVC will compare what the IRS has for you against what you submit.

Good luck! Happy Independence Day!!