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US accountant filed hubby's taxes single... interview in 3 weeks!!!

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HELP!

My husband's accountant filed his taxes as single, knowing we got married in March last year, saying it was no big deal. Now, I just learned that now and I am kind of freaking out cause Saylin's NVC guide makes it very clear that taxes filed as single will be a HUGE red flag at my interview... which is coming in only 20something days!!!

I dont know nothing about US taxes, or how it is supposed to work. All I know is I need this visa to get approved! Is this accountant mistake that big of a deal or is it something I can explain at the interview? If it IS a big deal, what can we do at this point to fix it in time for my interview on May 19th???

Any ANY advice will be greatly appreciated

(Im freaking out!)


“Absence diminishes mediocre passions and increases great ones, as the wind extinguishes candles and fans fires.”

Francois de La Rochefoucauld

Meeting Online / Fall 2010

Met in Person / January 2011

Engaged / November 2012

WEDDING DAY! / March 8th 2014

I-130 sent / May 5th 2014

NOA1 Received / May 15th 2014

NOA2 Received / October 6th 2014

DS-260 + I-864 sent / January 19th 2015

Case Completed / March 30th 2015!!!

Montreal Embassy Interview / May 19th 2015 APPROVED!

Visa in hand / May 25th 2015

POE / June 27th 2015

Home in SD / July 2nd 2015

SSN Received / July 8th 2015

Green Card in hand / July 26th 2015

AOS / ... 2017

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HELP!

My husband's accountant filed his taxes as single, knowing we got married in March last year, saying it was no big deal. Now, I just learned that now and I am kind of freaking out cause Saylin's NVC guide makes it very clear that taxes filed as single will be a HUGE red flag at my interview... which is coming in only 20something days!!!

I dont know nothing about US taxes, or how it is supposed to work. All I know is I need this visa to get approved! Is this accountant mistake that big of a deal or is it something I can explain at the interview? If it IS a big deal, what can we do at this point to fix it in time for my interview on May 19th???

Any ANY advice will be greatly appreciated

(Im freaking out!)

It will 99.99999% not be a problem at all in terms of your interview. A lot of people make that mistake, and if it's questioned, answer honestly that the accountant messed up and you'll be amending it when you get there.

In terms of the IRS, if he is ever audited and it comes up, it might be an issue, but as I said, you can just amend it to a joint return when you move there and get your SSN.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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hey, what you can do is file an amended tax return. In the amended version you can file it as married filing jointly. Take this amended return copy in your interview and if officer asks you why you filed single even though are married, you hand him/her the amended return you filed and explain that your accountant made the mistake and heres the amended version. I think this should be okay.

Edited by almosttheeerr

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It's sad that in the world we live in today, people still don't understand this issue. There is NO LAW or ANY REQUIREMENT of any kind that married Americans file taxes jointly. Married couple are permitted by law to make their own decision to file separately or jointly. You are making an issue out of nothing. Besides, it makes no sense that if you are a Canadian Citizen with no visa or American citizenship or immigration status or anything that would even be required to file American taxes. You have no social security number, nothing. You don't file. Even regular Americans do not need to file jointly. The whole thing is a non-issue but you want to make it one.

You cannot file as single if you're married ITS A LAWWW!! Either it has to be married filing jointly or married filing separely.

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It's sad that in the world we live in today, people still don't understand this issue. There is NO LAW or ANY REQUIREMENT of any kind that married Americans file taxes jointly. Married couple are permitted by law to make their own decision to file separately or jointly. You are making an issue out of nothing. Besides, it makes no sense that if you are a Canadian Citizen with no visa or American citizenship or immigration status or anything that would even be required to file American taxes. You have no social security number, nothing. You don't file. Even regular Americans do not need to file jointly. The whole thing is a non-issue but you want to make it one.

You are completely misunderstanding the original post.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Why?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It's sad that in the world we live in today, people still don't understand this issue. There is NO LAW or ANY REQUIREMENT of any kind that married Americans file taxes jointly. Married couple are permitted by law to make their own decision to file separately or jointly. You are making an issue out of nothing. Besides, it makes no sense that if you are a Canadian Citizen with no visa or American citizenship or immigration status or anything that would even be required to file American taxes. You have no social security number, nothing. You don't file. Even regular Americans do not need to file jointly. The whole thing is a non-issue but you want to make it one.

I know we dont have to file jointly, but my married US Citizen husband accountant had him filed his taxes as single. It is my understanding that he should have filed as married, filing separately. As a Canadian I just filed my regular good ole canadian taxes.

I understand it is not that big of a deal though, so we'll try to contact his accountant and see if it can be amended in time for me to show up with something appropriate at the interview.


“Absence diminishes mediocre passions and increases great ones, as the wind extinguishes candles and fans fires.”

Francois de La Rochefoucauld

Meeting Online / Fall 2010

Met in Person / January 2011

Engaged / November 2012

WEDDING DAY! / March 8th 2014

I-130 sent / May 5th 2014

NOA1 Received / May 15th 2014

NOA2 Received / October 6th 2014

DS-260 + I-864 sent / January 19th 2015

Case Completed / March 30th 2015!!!

Montreal Embassy Interview / May 19th 2015 APPROVED!

Visa in hand / May 25th 2015

POE / June 27th 2015

Home in SD / July 2nd 2015

SSN Received / July 8th 2015

Green Card in hand / July 26th 2015

AOS / ... 2017

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HELP!

My husband's accountant filed his taxes as single, knowing we got married in March last year, saying it was no big deal. Now, I just learned that now and I am kind of freaking out cause Saylin's NVC guide makes it very clear that taxes filed as single will be a HUGE red flag at my interview... which is coming in only 20something days!!!

I dont know nothing about US taxes, or how it is supposed to work. All I know is I need this visa to get approved! Is this accountant mistake that big of a deal or is it something I can explain at the interview? If it IS a big deal, what can we do at this point to fix it in time for my interview on May 19th???

Any ANY advice will be greatly appreciated

(Im freaking out!)

You'll be okay. You are not from a high fraud country where this would be a big deal.

Just breathe. :)

Get your husband to file an amended return after you arrive and have an SSN to make sure that his taxes were done correctly. He can amend them to married filing separately for those years.

Most accountants, tax programs, and tax companies (like H&R block) have no idea how to file a MFS return without an ITIN or SSN from the spouse so they just do it as single. Their programs that allow them to file online (like Netfile in Canada) just doesn't work well with foreign spouses living abroad without the ITIN or SSN. I would make sure to get them fixed so that he filed his taxes properly, but as for the interview, it's highly unlikely to cause an issue. If you were from a high fraud country, I would suggest having the taxes amended ASAP.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I do not know if it will matter at interview or not

The IRs requires a married person to file married jointly, married separate or head of household. It does not matter if the spouse is in the usa or not

The op stated her husband file single which is not the same as filing married separate.

While it might not be a problem at the interview.It will be a problem with the IRS so the op husband needs to ammend his tax return

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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You'll be okay. You are not from a high fraud country where this would be a big deal.

Just breathe. :)

Get your husband to file an amended return after you arrive and have an SSN to make sure that his taxes were done correctly. He can amend them to married filing separately for those years.

Most accountants, tax programs, and tax companies (like H&R block) have no idea how to file a MFS return without an ITIN or SSN from the spouse so they just do it as single. Their programs that allow them to file online (like Netfile in Canada) just doesn't work well with foreign spouses living abroad without the ITIN or SSN. I would make sure to get them fixed so that he filed his taxes properly, but as for the interview, it's highly unlikely to cause an issue. If you were from a high fraud country, I would suggest having the taxes amended ASAP.

Mfs is easy you just put in NRA in for spouse ss number. The website Tax act does allow for that if a person use thier program. So there is no reason to file single.

MFj a person will need thier spouse ss number or an itin number to file

Edited by Ryan H

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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My husband filed single too in his tax return and it was not an issue during my embassy interview. I was approved on the spot. Don't worry about it.

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Mfs is easy you just put in NRA in for spouse ss number. The website Tax act does allow for that if a person use thier program. So there is no reason to file single.

MFj a person will need thier spouse ss number or an itin number to file

Not everyone uses the same websites nor care to use particular ones.

Not everyone makes under $60k to file for free through the IRS website.

It's only recently that any tax programs allowed for NRA instead of an actual number.

I think last year was the first time I had read about someone being able to do that on this forum. It's possible that some programs did it before then and I didn't read about it on VJ.

You used to have to file a paper return to get the NRA into the SSN spot.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Not everyone uses the same websites nor care to use particular ones.

Not everyone makes under $60k to file for free through the IRS website.

It's only recently that any tax programs allowed for NRA instead of an actual number.

I think last year was the first time I had read about someone being able to do that on this forum. It's possible that some programs did it before then and I didn't read about it on VJ.

You used to have to file a paper return to get the NRA into the SSN spot.

I agree not everyone uses the same tax program and each indivual tax situation is diffrent.

However a person can file MFS using NRA for ss number thru the mail

I am sure not everyone knows how to file the taxes. but if a person is doing someone else taxes they should know if not then they should not do their taxes let alone someone else taxes. There is also instructions and google

So i still say there is no reason to file single if married


ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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i had interview in APR 15 and my wife has filled 2014 taxes as single, the embassy didnt even asked why or how or so , just chill out and enjoy, and say that you will do an amendment tax return later


event.png
event.png
Our case fits in F2A Category and i am the beneficiary! :)
USCIS Stage
07/18/2013- I-130 Sent
07/22/2013 - Priority Date
09/14/2013 - Transfer Notice: VSC to NSC
01/03/2014 - RFE
01/18/2014 - RFE Responded
02/27/2014 - NOA2- Approved
02/28/2014 - Case Shipped to NVC
NVC Stage
04/18/2014 - Received Case Number & IIN
04/18/2014 - DS-261 generated & filled
04/18/2014 - AOS fee bil generated & paid
04/18/2014 - IV Pakcet fee bill generated
05/04/2014 - IV Packet fee paid
06/16/2014 - AOS Packet sent
08/05/2014 - Checklist
09/18/2014 - IV Packet Sent + AOS
11/12/2014 - Case Completed at NVC
03/02/2015 - Interview Date received in e-mail and phone
03/02/2015 - NVC Left
CONSULATE
03/04/2015 - Received Case
04/06/2015 - Medical
04/15/2015 - Interview - APPROVED!
CEAC STATUS
READY - APRIL 15,16,17,18,19,20
ADMINISTRATIVE PROCESSING - APRIL 20,21
READY - APRIL 21,22,23,24,25,26,27,and 28
ADMINISTRATIVE PROCESSING - APRIL 28
ISSUED - APRIL 28 - SAME DAY VISA IN HAND!!!!
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Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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