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Filed as Single on the last 2 yrs tax return... already married.

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I got married on Dec 2013 in my home country. For that year I filed my taxes as single. I was contemplating what filing status to use since my wife doesn't have SSN and she lives abroad and not working. After I asked my mother about it she said I should just use single since my wife doesnt have a social security number. without researching anything, that's what I did. For last year's tax return which was filed last week, It still filed as single. I am paying someone to file my taxes BTW.

Now, it has come to my senses, after googling and reading this forum that I should've filed for married even when wife doesn't have her SSN. I am now applying for naturalization (pending), and hopefully after I passed my citizenship test I will then apply for spousal visa.

Now I'm worried that this will affect everything. I know I will have to ammend my taxes. But I have no idea how to do that as we speak.

Has anyone had filed for IR1/CR1 visa filed single on their tax return but actually married?

Is this actually acceptable? because I'm worried that my pending naturalzation will get delayed by this, or even if it didnt, when I applied for my wife's visa, it will come up and mess our application.

Thanks.


281c4fr.jpgN-400 CITIZENSHIP TIMELINE12-11-2014 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied) 01-02-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)01-06-2015 = N-400 packet delivered01-09-2015 = Check cashed01-17-2015 = NOA1 received (Priority Date 01-07-2015)02-02-2015 = Biometrics Letter received (Bio set for 02-11-2015)02-12-2015 = In line for interview03-23-2015 = Interview Letter received (Interview set for 04-22-2015) 04-22-2015 = Interview completed --- = Oath letter received04-24-2015 = Oath Ceremony! I am a U.S Citizen! ♥♥♥ CR1/IR1 JOURNEY ♥♥♥

  • Jun 02 2015: FILED I-130 petition
  • Jun 04 2015: NOA1
  • Jul 01 2015: NOA2 - USCIS APPROVED
  • Jul 10 2015: Case sent to NVC
  • Aug 04 2015: RECEIVED Welcome Letter from NVC
  • Aug 20 2015: SUBMIT DS-261 Choice of Agent online
  • Aug 24 2015: PAID AOS fee online
  • Sep 18 2015: SENT AOS and IV packets to NVC (No IV Invoice yet)
  • Sep 23 2015: Email received from NVC: Documents received (21-Sept-2015)
  • Sep 25 2015: PAID IV fee online
  • Oct 02 2015 : COMPLETED DS-260
  • Oct 23 2015 : RECEIVED email P4 interview letter from NVC
  • Nov 05 2015 : COMPLETED Medical at St. Lukes
  • Dec 04 2015: INTERVIEW Schedule at US Embassy Manila
Dec 08 2015: VISA ON-HAND!!

Jan 25 2016: FLIGHT TO US ?

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I know that I tried to do my taxes online and came up with an amount for my refund I wasn't happy with and I had included my husband but did not put his social security number in because he doesn't have one. After that I went back through my entire tax return and I went ahead and put in his Anumber because it had the same numbers as the Social Security and then TurboTax came back and told me that my taxes could not be done online. Or that I could not receive my return as a direct deposit. best bet for you and me both is just to call the IRS and ask them because they are always really helpful with answering questions about taxes anyway. Hope this helps.


Waiver mailed January 17th

Waiver received January 18th

Waiver received from Phoenix to Nebraska Center January 27th

Waiver approved February 17th!!!!!!

this is for a 601 waiver no lawyer assistance and the reason for the expedite is because I need two surgeries one is pre cancer related in addition to I am also bipolar with PSTD and panic disorder and severe depression.

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If you are married then you should have filed as married. My wife and I were married prior to her arrival here in the U.S but I applied and received an ITIN number for her so I could file taxes as married. Once she arrived here in the U.S. we then applied and received her social security number then replaced her ITIN number.

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well except that we married in February and we went on the honeymoon back to Morocco he stay there so he didn't live with me for the entire year so I wasn't sure what I should do I see you're different though definitely


Waiver mailed January 17th

Waiver received January 18th

Waiver received from Phoenix to Nebraska Center January 27th

Waiver approved February 17th!!!!!!

this is for a 601 waiver no lawyer assistance and the reason for the expedite is because I need two surgeries one is pre cancer related in addition to I am also bipolar with PSTD and panic disorder and severe depression.

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Thanks for the replies. But my situation is different because my wife soeant have a SSN or ITIN

ANd

I have already filed my taxes this year. I don't know where to go from here then on or just leave it like that.

Im worried that this will affect my naturalization and later on my wife's petition since tax will reflect my filing status as single.


281c4fr.jpgN-400 CITIZENSHIP TIMELINE12-11-2014 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied) 01-02-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)01-06-2015 = N-400 packet delivered01-09-2015 = Check cashed01-17-2015 = NOA1 received (Priority Date 01-07-2015)02-02-2015 = Biometrics Letter received (Bio set for 02-11-2015)02-12-2015 = In line for interview03-23-2015 = Interview Letter received (Interview set for 04-22-2015) 04-22-2015 = Interview completed --- = Oath letter received04-24-2015 = Oath Ceremony! I am a U.S Citizen! ♥♥♥ CR1/IR1 JOURNEY ♥♥♥

  • Jun 02 2015: FILED I-130 petition
  • Jun 04 2015: NOA1
  • Jul 01 2015: NOA2 - USCIS APPROVED
  • Jul 10 2015: Case sent to NVC
  • Aug 04 2015: RECEIVED Welcome Letter from NVC
  • Aug 20 2015: SUBMIT DS-261 Choice of Agent online
  • Aug 24 2015: PAID AOS fee online
  • Sep 18 2015: SENT AOS and IV packets to NVC (No IV Invoice yet)
  • Sep 23 2015: Email received from NVC: Documents received (21-Sept-2015)
  • Sep 25 2015: PAID IV fee online
  • Oct 02 2015 : COMPLETED DS-260
  • Oct 23 2015 : RECEIVED email P4 interview letter from NVC
  • Nov 05 2015 : COMPLETED Medical at St. Lukes
  • Dec 04 2015: INTERVIEW Schedule at US Embassy Manila
Dec 08 2015: VISA ON-HAND!!

Jan 25 2016: FLIGHT TO US ?

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I got married on Dec 2013 in my home country. For that year I filed my taxes as single. I was contemplating what filing status to use since my wife doesn't have SSN and she lives abroad and not working. After I asked my mother about it she said I should just use single since my wife doesnt have a social security number. without researching anything, that's what I did. For last year's tax return which was filed last week, It still filed as single. I am paying someone to file my taxes BTW.

Now, it has come to my senses, after googling and reading this forum that I should've filed for married even when wife doesn't have her SSN. I am now applying for naturalization (pending), and hopefully after I passed my citizenship test I will then apply for spousal visa.

Now I'm worried that this will affect everything. I know I will have to ammend my taxes. But I have no idea how to do that as we speak.

Has anyone had filed for IR1/CR1 visa filed single on their tax return but actually married?

Is this actually acceptable? because I'm worried that my pending naturalzation will get delayed by this, or even if it didnt, when I applied for my wife's visa, it will come up and mess our application.

Thanks.

You are correct, your filing status for 2013 and 2014 is not Single. Your two options--

1. Married Filing Separately and use the letters NRA in place of a SSN where it asks who you are married to and their SSN. Most tax programs won't accept that for filing so a printout paper form could be mailed in. A refund could still be by direct deposit because the paper form has a place to put in your bank routing and account numbers.

2. Married Filing Jointly, but a few extra steps are required.

She would need an ITIN number. You could get that if you had her actual passport to use as ID.

She would have to sign the paper return.

You would each have to sign and include a statement saying you both wish for her to be treated as a resident alien for tax purposes. See Publication 519 on page 9, bottom of the first column where that is explained by the IRS.

pub 519 http://www.irs.gov/pub/irs-pdf/p519.pdf

If you wish to get correct with the IRS, there is a form 1040x which is used to correct or amend a previously filed tax return. Don't spend your refund because you may have to pay some money back if you redo as Married Filing Separately. That status can have higher taxes.

The following is an opinion:

As far as your naturalization, the USCIS may be only interested that you filed a tax return. It isn't routinely their job to audit your taxes and make sure you did everything correctly. The person doing your interview is not a tax expert. He could think, like you, that single is the way to file. You could attend your interview as scheduled and see what happens. Meanwhile, you can work on amending the tax returns. Since you don't know how to do your own taxes, I won't go Into details. Talk to your tax person. They should have known if you were married, you couldn't file single.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Since you don't know how to do your own taxes, I won't go Into details. Talk to your tax person. They should have known if you were married, you couldn't file single.

And just to add … find a good, reputable tax person who has experience with nonresident spouses, foreign income, etc., etc.

Avoid the temporary tax hacks who are set up at the local Walmart, Target, in the shopping malls, etc. … don't let the big names like "HR Block" fool you - these are seasonal hobbyists, some have good knowledge, but most just follow cue cards they were given during a three day training seminar.

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Thank you Nich-Nick for a very helpful reply.

Since I have already filed my tax return for 2014 last week, I claimed 2 dependents (grandparents) I'm not quite sure where to go from there.

I looked up form 1040x and on page 2 "Part III Explanation of Changes, attach any supporting documents and new or changed forms and schedules." I don't know what document/s I need for that since my explanation is just changing my filing status.

So when I file for Tax Amendment, I will file as 'married fling separately' and use the letters NRA in place of spouse's SSN, we don't need ITIN, right?

And also do I need to file before April 15?

Anyway I will talk to my tax preparer if she is familiar with my situation.

Thank you so much.


281c4fr.jpgN-400 CITIZENSHIP TIMELINE12-11-2014 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied) 01-02-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)01-06-2015 = N-400 packet delivered01-09-2015 = Check cashed01-17-2015 = NOA1 received (Priority Date 01-07-2015)02-02-2015 = Biometrics Letter received (Bio set for 02-11-2015)02-12-2015 = In line for interview03-23-2015 = Interview Letter received (Interview set for 04-22-2015) 04-22-2015 = Interview completed --- = Oath letter received04-24-2015 = Oath Ceremony! I am a U.S Citizen! ♥♥♥ CR1/IR1 JOURNEY ♥♥♥

  • Jun 02 2015: FILED I-130 petition
  • Jun 04 2015: NOA1
  • Jul 01 2015: NOA2 - USCIS APPROVED
  • Jul 10 2015: Case sent to NVC
  • Aug 04 2015: RECEIVED Welcome Letter from NVC
  • Aug 20 2015: SUBMIT DS-261 Choice of Agent online
  • Aug 24 2015: PAID AOS fee online
  • Sep 18 2015: SENT AOS and IV packets to NVC (No IV Invoice yet)
  • Sep 23 2015: Email received from NVC: Documents received (21-Sept-2015)
  • Sep 25 2015: PAID IV fee online
  • Oct 02 2015 : COMPLETED DS-260
  • Oct 23 2015 : RECEIVED email P4 interview letter from NVC
  • Nov 05 2015 : COMPLETED Medical at St. Lukes
  • Dec 04 2015: INTERVIEW Schedule at US Embassy Manila
Dec 08 2015: VISA ON-HAND!!

Jan 25 2016: FLIGHT TO US ?

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I know that I tried to do my taxes online and came up with an amount for my refund I wasn't happy with and I had included my husband but did not put his social security number in because he doesn't have one. After that I went back through my entire tax return and I went ahead and put in his Anumber because it had the same numbers as the Social Security and then TurboTax came back and told me that my taxes could not be done online. Or that I could not receive my return as a direct deposit. best bet for you and me both is just to call the IRS and ask them because they are always really helpful with answering questions about taxes anyway. Hope this helps.

The A number is NOT the same number as the Social Security Number. You tried to file with an invalid number or potentially someone else's.

You are very fortunate that Turbotax did not let you file the return.

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Thank you Nich-Nick for a very helpful reply.

Since I have already filed my tax return for 2014 last week, I claimed 2 dependents (grandparents) I'm not quite sure where to go from there.

I looked up form 1040x and on page 2 "Part III Explanation of Changes, attach any supporting documents and new or changed forms and schedules." I don't know what document/s I need for that since my explanation is just changing my filing status.

So when I file for Tax Amendment, I will file as 'married fling separately' and use the letters NRA in place of spouse's SSN, we don't need ITIN, right?

And also do I need to file before April 15?

Anyway I will talk to my tax preparer if she is familiar with my situation.

Thank you so much.

Do not amend the taxes to married filing separately. You will end up owing a ton in additional taxes.

Get your spouse an ITIN and file as married filing jointly. You will most likely get a refund.

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Do not amend the taxes to married filing separately. You will end up owing a ton in additional taxes.

Get your spouse an ITIN and file as married filing jointly. You will most likely get a refund.

How much money are we talking about here?

Getting an ITIN requires for me to have my wife's actual passport with me right?

1. because wife's current passport is still in her maiden name, will that be an issue?

2. she can renew her passport to change to married name, but in my home country she needs to get all other requirements for that and then she will have to get an scheduled appointment for passport processing, that will approximately take a full month.

3. when she sends it to me it will take 7-10 working days thru EMS. Last time she sent me some documents it costs her about 75$ and I received it 10 days after. I don't know about private couriers since we never tried.

If I need to file the amendment by April 15, then I'll get passed that deadline because of the time it will take for the passport and the processing of ITIN.

Plus I don't really want my wife to run around to do what she needs to do in our home country because she's recovering from a medical issue.

Thanks for your reply. This has been really helpful. I appreciate it.


281c4fr.jpgN-400 CITIZENSHIP TIMELINE12-11-2014 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied) 01-02-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)01-06-2015 = N-400 packet delivered01-09-2015 = Check cashed01-17-2015 = NOA1 received (Priority Date 01-07-2015)02-02-2015 = Biometrics Letter received (Bio set for 02-11-2015)02-12-2015 = In line for interview03-23-2015 = Interview Letter received (Interview set for 04-22-2015) 04-22-2015 = Interview completed --- = Oath letter received04-24-2015 = Oath Ceremony! I am a U.S Citizen! ♥♥♥ CR1/IR1 JOURNEY ♥♥♥

  • Jun 02 2015: FILED I-130 petition
  • Jun 04 2015: NOA1
  • Jul 01 2015: NOA2 - USCIS APPROVED
  • Jul 10 2015: Case sent to NVC
  • Aug 04 2015: RECEIVED Welcome Letter from NVC
  • Aug 20 2015: SUBMIT DS-261 Choice of Agent online
  • Aug 24 2015: PAID AOS fee online
  • Sep 18 2015: SENT AOS and IV packets to NVC (No IV Invoice yet)
  • Sep 23 2015: Email received from NVC: Documents received (21-Sept-2015)
  • Sep 25 2015: PAID IV fee online
  • Oct 02 2015 : COMPLETED DS-260
  • Oct 23 2015 : RECEIVED email P4 interview letter from NVC
  • Nov 05 2015 : COMPLETED Medical at St. Lukes
  • Dec 04 2015: INTERVIEW Schedule at US Embassy Manila
Dec 08 2015: VISA ON-HAND!!

Jan 25 2016: FLIGHT TO US ?

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The money we are talking about depends on your income and personal tax situation.

1. No.

2. A passport with her maiden or married name is fine.

3. Amended tax returns are not due on April 15 necessarily. You have up to 3 years to amend a tax return after its due.

Ahh, I see. Thank you.

Sorry if I'm a bit confusing with my questions, I need to change my filing status this year because I will petition for my wife hopefully in August. I want my marital status to reflect what's on my tax transcript in time when it will be needed for such purpose, thus I feel it should be done asap.

Since I am already aware that I have 3 years to make any corrections on my tax returns. But I need the amended tax returns this year.


281c4fr.jpgN-400 CITIZENSHIP TIMELINE12-11-2014 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied) 01-02-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)01-06-2015 = N-400 packet delivered01-09-2015 = Check cashed01-17-2015 = NOA1 received (Priority Date 01-07-2015)02-02-2015 = Biometrics Letter received (Bio set for 02-11-2015)02-12-2015 = In line for interview03-23-2015 = Interview Letter received (Interview set for 04-22-2015) 04-22-2015 = Interview completed --- = Oath letter received04-24-2015 = Oath Ceremony! I am a U.S Citizen! ♥♥♥ CR1/IR1 JOURNEY ♥♥♥

  • Jun 02 2015: FILED I-130 petition
  • Jun 04 2015: NOA1
  • Jul 01 2015: NOA2 - USCIS APPROVED
  • Jul 10 2015: Case sent to NVC
  • Aug 04 2015: RECEIVED Welcome Letter from NVC
  • Aug 20 2015: SUBMIT DS-261 Choice of Agent online
  • Aug 24 2015: PAID AOS fee online
  • Sep 18 2015: SENT AOS and IV packets to NVC (No IV Invoice yet)
  • Sep 23 2015: Email received from NVC: Documents received (21-Sept-2015)
  • Sep 25 2015: PAID IV fee online
  • Oct 02 2015 : COMPLETED DS-260
  • Oct 23 2015 : RECEIVED email P4 interview letter from NVC
  • Nov 05 2015 : COMPLETED Medical at St. Lukes
  • Dec 04 2015: INTERVIEW Schedule at US Embassy Manila
Dec 08 2015: VISA ON-HAND!!

Jan 25 2016: FLIGHT TO US ?

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Update:

I requested for tax transcript for the year 2014, and my tax person actually filed for me as Head of Household with my grandparents as dependents.

I read that I can file as HoH since my wife is overseas. But I'm confused if it's correct to have my grandparents as dependents.

They are staying with me and my brother since last year. They are senior citizens LPR. Never worked in the US.


281c4fr.jpgN-400 CITIZENSHIP TIMELINE12-11-2014 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied) 01-02-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)01-06-2015 = N-400 packet delivered01-09-2015 = Check cashed01-17-2015 = NOA1 received (Priority Date 01-07-2015)02-02-2015 = Biometrics Letter received (Bio set for 02-11-2015)02-12-2015 = In line for interview03-23-2015 = Interview Letter received (Interview set for 04-22-2015) 04-22-2015 = Interview completed --- = Oath letter received04-24-2015 = Oath Ceremony! I am a U.S Citizen! ♥♥♥ CR1/IR1 JOURNEY ♥♥♥

  • Jun 02 2015: FILED I-130 petition
  • Jun 04 2015: NOA1
  • Jul 01 2015: NOA2 - USCIS APPROVED
  • Jul 10 2015: Case sent to NVC
  • Aug 04 2015: RECEIVED Welcome Letter from NVC
  • Aug 20 2015: SUBMIT DS-261 Choice of Agent online
  • Aug 24 2015: PAID AOS fee online
  • Sep 18 2015: SENT AOS and IV packets to NVC (No IV Invoice yet)
  • Sep 23 2015: Email received from NVC: Documents received (21-Sept-2015)
  • Sep 25 2015: PAID IV fee online
  • Oct 02 2015 : COMPLETED DS-260
  • Oct 23 2015 : RECEIVED email P4 interview letter from NVC
  • Nov 05 2015 : COMPLETED Medical at St. Lukes
  • Dec 04 2015: INTERVIEW Schedule at US Embassy Manila
Dec 08 2015: VISA ON-HAND!!

Jan 25 2016: FLIGHT TO US ?

Share this post


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Update:

I requested for tax transcript for the year 2014, and my tax person actually filed for me as Head of Household with my grandparents as dependents.

I read that I can file as HoH since my wife is overseas. But I'm confused if it's correct to have my grandparents as dependents.

They are staying with me and my brother since last year. They are senior citizens LPR. Never worked in the US.

.

If you are providing more than half of their support, then they can qualify as dependents. How much do you pay toward their food, transportation, gasoline, utilities, clothing, mobile phones, medical bills, dental bills. There is a worksheet that can help you see if they qualify. http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000171012


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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