Being married but filing as single?

[Gitana 11]

My husband was working only 3 month during 2014 from May to August. We got married overseas in October 2014 and I am non-resident alien. while filing tax return for 2014 he used single status because his W-4 had single status and he sad that putting married filing separately will confuse all the calculation.
Is it going to affect our application when we submit affidavit of support and at the interview as well?

I found this information :

"Only three exceptions allow you to claim single status on your W-4 if you are married,The last exception applies when either you or your spouse is considered a nonresident alien for tax purposes."

Anyone had the same situation? I will appreciate any advice since my husband is really stubborn on this issue and claiming he had to file as single since i don't even live in US

[Done--Really 331]

This IRS publication directly addresses your situation -- it is easier than it looks -- just find the EXACT situation you are in, and it will tell you exactly what to do.

http://www.irs.gov/publications/p519/index.html

[aaron2020 11,651]

http://finance.zacks.com/can-file-single-taxes-am-married-nonresident-alien-7364.html

When you are married to a nonresident alien, how you file your income taxes is your decision. The Internal Revenue Service grants you the ability to treat your spouse as a resident alien and file jointly or you can waive that provision and file separately. You are still married, however, and are not allowed to file under the single status.

[tim131 14]

If it helps - My wife was told by the lady at the IRS office that if you were single during the tax year and your partner is still out of the country file as single - but if you got married during the tax year file as single.

E.g my wife and I got married in Jan 31 - this was after the 2013 tax year so she filed single...

I wrote a quick note about it on our package into the NVC

If it helps - My wife was told by the lady at the IRS office that if you were single during the tax year and your partner is still out of the country file as single - but if you got married during the tax year file as single.

E.g my wife and I got married in Jan 31 - this was after the 2013 tax year so she filed single...

I wrote a quick note about it on our package into the NVC

[Gitana 11]

If it helps - My wife was told by the lady at the IRS office that if you were single during the tax year and your partner is still out of the country file as single - but if you got married during the tax year file as single.

E.g my wife and I got married in Jan 31 - this was after the 2013 tax year so she filed single...

I wrote a quick note about it on our package into the NVC

If it helps - My wife was told by the lady at the IRS office that if you were single during the tax year and your partner is still out of the country file as single - but if you got married during the tax year file as single.

E.g my wife and I got married in Jan 31 - this was after the 2013 tax year so she filed single...

I wrote a quick note about it on our package into the NVC

You are saying that if we were maried during tax year he still can file as single if I was out of the country?

Edited March 1, 2015 by Gitana

[aaron2020 11,651]

It doesn't matter what his status on the w-4 or W-2. It his responsibility to fill in the W-4 and inform his employer of his marital status. If he had informed his employer that he was married, he could have changed his status to married.

Your husband can not file as single. He must file as married filing separately. If he gets an ITIN for you, the two of you can file as married filing jointly.

[aaron2020 11,651]

http://www.taxgirl.com/ask-the-taxgirl-nonresident-spouse/

Ask the Taxgirl: Nonresident Spouse

Single. Seems easy enough. You can file as single if you were never legally married under the laws of the US (meaning, really, that same-sex couples who might be married abroad must still file as single in the US); you were legally separated or divorced according to the laws of your state (in states like Pennsylvania where there is no legal separation, this means your choices are only married or divorced) or you were widowed before the last tax year and did not remarry during the tax year.

[tim131 14]

No I am saying if you were NOT married during the tax year you were filing for you could file as single, I am not saying it, the lady at the IRS office said it.

[Gitana 11]

The argument my husband has that since his W2 states he is single he cannot file as married. He couldn't correct his W2 either because he stopped working for that company before we got married and left US.

[aaron2020 11,651]

The argument my husband has that since his W2 states he is single he cannot file as married. He couldn't correct his W2 either because he stopped working for that company before we got married and left US.

Doesn't matter what is on his W-2 since his status is self reporting. He can not file as single.

[Sep&Bow 2]

I am on the same boat. I understand that I can't file as single. I tried to file my tax today as married filing separate but I could not put my spouse SSN because she doesn't have one yet. I'm not sure when she will get her SSN because she won't arrive here until April. What can I do?

[Nich-Nick 3,354]

The argument my husband has that since his W2 states he is single he cannot file as married. He couldn't correct his W2 either because he stopped working for that company before we got married and left US.

Agreeing with aaron2020.

It does not matter what the W2 says. The IRS does not care. What he puts on his tax return matters.

On December 31, 2014, was he an unmarried man? If so, he files single.

-or-

On December 31, 2014, was he a married man? If so, he files Married Filing Separately or Married Filing Jointly. You would need an ITIN or Social Security number for him to choose Jointly.