Need help with tax

[Constantine1234 1]

Hi! Im filing for n-400 based on marriage..

Here's our taxes filing status..

Myself: 2011- married filing separately

2012- maried filing separately

2013- married filing jointly

Wife : 2011- head of household

2012- single

2013- married filing jointly

Do u think we'll be in trouble because she filed as single? Its because she can get more refund with filing single i guess..or is there any way we can ammend that just to avoid problems..thanks!

[Penguin_ie 6,000]

Yes that could cause problems. She can file an ammended tax return.

[Constantine1234 1]

If she amends it, is it gonna show on the tax transcript? Or return?

[Ian H. 207]

She could always amend it. It's possible that she could file as head of household for that year if she had a qualifying dependent and you guys weren't physically living together because you were abroad. I personally always filed as head of household while I was married, but my spouse was abroad. The instructions are really specific so you have to make sure she qualifies for it. If she doesn't then she has to file married filing separate for that year, but keep in mind she may have to pay money back because married separate filers pay higher taxes and don't qualify for the same credits as single or others.

[Ian H. 207]

Here is the relevant IRS publication, click on head of household and then read "considered unmarried." I just want to point out just in case some people freak out, being considered unmarried for tax purposes has no effect whatsoever on your immigrant petition. I prepare income taxes so I am qualified to make that statement.

http://www.irs.gov/publications/p501/ar02.html

Edited July 28, 2014 by ianhalliwell186

[Constantine1234 1]

Actually, we did amend our taxes to filing jointly for the past 3 years..but we dont know how come its not showing online when im doing the "get transcript tool". Its still the old one..

[Constantine1234 1]

Sorry for the confusion..we did amend it last year but its still not showing up on the return. But i have the 1040 copy. Do u think 1040 is ok to submit?

[JimmyHou 613]

Sorry for the confusion..we did amend it last year but its still not showing up on the return. But i have the 1040 copy. Do u think 1040 is ok to submit?

I'm sorry I can't find the link now, but the other day I was reading something on the IRS website and it said that if you amended a return, you should request an "account transcript" in addition to the "return transcript". I don't know what an account transcript is, but maybe that's what would show your amended return.

[MUXAGIRL 69]

Amended tax returns take really long time to process. A friend amended her tax return for a previous year back in Feb and they took almost four months to finish processing. Have patience, it will change, or give them a call and talk to a customer service rep, they generally have more info on what's going on.

I am sorry, but did you amend your return on f1040?

Amended return can only be filed on f1040X.

I hope you used the right form. It could be a reason it's not showing up.

[JimmyHou 613]

Sorry for the confusion..we did amend it last year but its still not showing up on the return. But i have the 1040 copy. Do u think 1040 is ok to submit?

Here's the information I mentioned in my last post:

http://www.irs.gov/Individuals/Get-Transcript

Tax Return Transcripts show most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. This transcript does not reflect any changes you, your representative or the IRS made after you filed your return. In many cases, a Return Transcript will meet the requirements of lending institutions offering mortgages and student loans.

Tax Account Transcripts provide any adjustments either you or we made after you filed your return. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.

[Constantine1234 1]

I tried the account transcript but still its not showing the amended tax..can i just send the 1040?

[Constantine1234 1]

Ok. So i called irs and they said there was no amended tax return. I guess my friend didnt really amend my tax. My question now, can i still amend the 2011 and 2012? And which one do i amend? Mine or my wife? Thank you! Im amending to change the status to married filing jointly