Amended Tax Return

[Trini_Manage 5]

Hello,

2014 taxes I filed as Single by error when I should have files as married. When I realized my mistake, I sent an amended tax return via fedex 1st week in August to change my filing status to "MFS". When I received my tax return last week I saw that my status is still single. I tried tracking my amendment status online but it say that there is not records of an amendment for me.

This has me so stressed out because I need to have this change ASAP because I need the transcript for NVC stage. Any idea how long an amendment takes to show up on the system?

[klang78 8]

I think Amended return can take up to 16 weeks to be adjusted.

[Joey & NaYa 13]

Hi,

Does your spouse have an SSN? If she doesn't, although you are married, you will still have to file tax as single because the system will not take your married status without providing your spouse's SSN.

Hope this helps! Don't worry about it.

[mrskvelasco 30]

Hi,

Does your spouse have an SSN? If she doesn't, although you are married, you will still have to file tax as single because the system will not take your married status without providing your spouse's SSN.

Hope this helps! Don't worry about it.

This is not true. Married is married regardless on whether or not your spouse has an SSN. You can either MFS and put NRA for spouse's SSN or MFJ if you spouse has an ITIN.

[MariaR323 199]

Hi,

Does your spouse have an SSN? If she doesn't, although you are married, you will still have to file tax as single because the system will not take your married status without providing your spouse's SSN.

Hope this helps! Don't worry about it.

The fact that a spouse does not have a SSN/ITIN does not mean the other spouse can file Single just because the "system" will not accept it. If you are married your only two options are Married Filing Separately or Married Filing Jointly. If one spouse does not have a SSN/ITIN and is not required to obtain one in the case of MFS, the return is filed on paper via mail with indication usually in those cases of NRA.

[MariaR323 199]

Hello,

2014 taxes I filed as Single by error when I should have files as married. When I realized my mistake, I sent an amended tax return via fedex 1st week in August to change my filing status to "MFS". When I received my tax return last week I saw that my status is still single. I tried tracking my amendment status online but it say that there is not records of an amendment for me.

This has me so stressed out because I need to have this change ASAP because I need the transcript for NVC stage. Any idea how long an amendment takes to show up on the system?

Here's a link to the IRS website which shows a timeline of when to expect a current year transcript to be available: https://www.irs.gov/Individuals/Transcript-Availability

If you filed the amendment the first week of Aug the Where's my Amendment status check online should at least show received by now. It can take up to 16 weeks to get processed but it takes only about 3-4 weeks to show received in the system.

I would call IRS and check on that because maybe it never got there.

Try calling these numbers: 1-866-464-2050 or 1-800-829-1040

~Maria

[Joey & NaYa 13]

The fact that a spouse does not have a SSN/ITIN does not mean the other spouse can file Single just because the "system" will not accept it. If you are married your only two options are Married Filing Separately or Married Filing Jointly. If one spouse does not have a SSN/ITIN and is not required to obtain one in the case of MFS, the return is filed on paper via mail with indication usually in those cases of NRA.

Hi Maria,

Thanks for the info.

Let me add this; For married filing jointly or separately, you and your spouse could either be citizens, resident aliens or non-resident aliens.

A non-resident alien is someone who is here in the USA physically or some part of the year ( or last 3 years) that qualifies for the Substantial Presence Test.

I guess I should have made a distinction. I was referring to a case where the spouse is not living in the USA or doesn't pass the Substantial Presence Test.

In this case, the spouse does not meet the Married********* filing status and thus the filer must file as single.

The IRS generally requires taxpayers to file as “single” if they do not meet the criteria for the other filing statuses.

I was in the same dilemma before doing my taxes for 2014. What I am saying is based on response I received from an email to IRS. If they are wrong then I am wrong.

[MariaR323 199]

Hi Maria,

Thanks for the info.

Let me add this; For married filing jointly or separately, you and your spouse could either be citizens, resident aliens or non-resident aliens.

A non-resident alien is someone who is here in the USA physically or some part of the year ( or last 3 years) that qualifies for the Substantial Presence Test.

I guess I should have made a distinction. I was referring to a case where the spouse is not living in the USA or doesn't pass the Substantial Presence Test.

In this case, the spouse does not meet the Married********* filing status and thus the filer must file as single.

The IRS generally requires taxpayers to file as “single” if they do not meet the criteria for the other filing statuses.

I was in the same dilemma before doing my taxes for 2014. What I am saying is based on response I received from an email to IRS. If they are wrong then I am wrong.

Hi joeypablo,

If you are married you can only file using either of the two married statuses... MFJ or MFS. You absolutely cannot file Single. (The only other option is Head of Household but that's a different story with other requirements, primarily a dependent to claim.)

I'm a registered tax preparer so I can guarantee this information is correct.

Here's a couple links to IRS.gov which also help with this topic:

1. This link is an online interview which helps you define your status: https://www.irs.gov/uac/What-is-My-Filing-Status%3F

2. This link is to IRS Publication 17: https://www.irs.gov/pub/irs-pdf/p17.pdf

See PDF pg 24 (pg 22 printed) under MFS topic it states if the SSN/ITIN is not available or required you enter "NRA" in that field.

joepablo, not sure who you received an email from because IRS doesn't normally communicate via email. Also, if you will be presenting your tax return and it indicates Single when you were technically married that might present a problem in the future.

Edited December 2, 2015 by MariaR323

[Joey & NaYa 13]

Hi joeypablo,

If you are married you can only file using either of the two married statuses... MFJ or MFS. You absolutely cannot file Single. (The only other option is Head of Household but that's a different story with other requirements, primarily a dependent to claim.)

I'm a registered tax preparer so I can guarantee this information is correct.

Here's a couple links to IRS.gov which also help with this topic:

1. This link is an online interview which helps you define your status: https://www.irs.gov/uac/What-is-My-Filing-Status%3F

2. This link is to IRS Publication 17: https://www.irs.gov/pub/irs-pdf/p17.pdf

See PDF pg 24 (pg 22 printed) under MFS topic it states if the SSN/ITIN is not available or required you enter "NRA" in that field.

joepablo, not sure who you received an email from because IRS doesn't normally communicate via email. Also, if you will be presenting your tax return and it indicates Single when you were technically married that might present a problem in the future.

Hi Maria,

I spent the last hour researching myself because if I received wrong information then I'm in trouble. I have to say that you are right after reading into details.

I probably have to start thinking of filing an amendment myself. I got married on Dec 27, 2014 but I filed as Single. I don't want it to adversely affect my wife's NVC process and Interviews.

It's likely it may get flagged when I use it for AoS.

I will have to pay back $1513 if I file Married filing separately because I will lose all education credits. She has never been here in the states. I don't believe she qualifies for TIN so I can't file Married filing jointly. Can I?

[Joey & NaYa 13]

Apparently I can. I am so glad I followed this topic and thanks Maria. I just need some original documents to apply for the ITIN for her.

[MariaR323 199]

Hi Maria,

I spent the last hour researching myself because if I received wrong information then I'm in trouble. I have to say that you are right after reading into details.

I probably have to start thinking of filing an amendment myself. I got married on Dec 27, 2014 but I filed as Single. I don't want it to adversely affect my wife's NVC process and Interviews.

It's likely it may get flagged when I use it for AoS.

I will have to pay back $1513 if I file Married filing separately because I will lose all education credits. She has never been here in the states. I don't believe she qualifies for TIN so I can't file Married filing jointly. Can I?

Your spouse can absolutely qualify for an ITIN for tax filing purposes.

The reason for needing the SSN/ITIN is to file MFJ or MFS with/without a spousal exemption. MFJ is the most favorable since it reduces tax liability the most. MFS with the spousal exemption might help you wipe out your balance due to losing the education credits. MFS is the most easiest though. The MFJ status you may want to consider depending to what extent the benefit will be according to your financial (tax) situation.

Not sure if you did your taxes on your own or had someone prepare them... but I'd say run the numbers on MFJ and see what it looks like. MFJ you would be making an election to treat your nonresident alien (NRA) spouse as a resident alien (RA) and reporting worldwide income. If your spouse has less than $99,200 USD of foreign income you can most likely claim a foreign income exclusion. This route would in a sense only be taxing YOUR income using the MFJ tax liability brackets. So it's a huge plus.

In either case a W-7 application has to completed and submitted with the amended return. The W-7 is to apply for the ITIN and once it's approved they then process the amended return.

[Joey & NaYa 13]

Your spouse can absolutely qualify for an ITIN for tax filing purposes.

The reason for needing the SSN/ITIN is to file MFJ or MFS with/without a spousal exemption. MFJ is the most favorable since it reduces tax liability the most. MFS with the spousal exemption might help you wipe out your balance due to losing the education credits. MFS is the most easiest though. The MFJ status you may want to consider depending to what extent the benefit will be according to your financial (tax) situation.

Not sure if you did your taxes on your own or had someone prepare them... but I'd say run the numbers on MFJ and see what it looks like. MFJ you would be making an election to treat your nonresident alien (NRA) spouse as a resident alien (RA) and reporting worldwide income. If your spouse has less than $99,200 USD of foreign income you can most likely claim a foreign income exclusion. This route would in a sense only be taxing YOUR income using the MFJ tax liability brackets. So it's a huge plus.

In either case a W-7 application has to completed and submitted with the amended return. The W-7 is to apply for the ITIN and once it's approved they then process the amended return.

I already did. .... It's amazing how much extra money I get back if I got the right info and did the right thing. MFJ is magical lol.

I do taxes myself. Probably why I got it wrong because a professional would have prompted me.

I will assemble the docs I need and file the Amendment with the W7 within the next week. They won't take photocopies. Either originals or certified copies so I am working on getting them.

More money in our pocket + solving potential Immigration blocks. Can't thank you enough for responding

[MariaR323 199]

I already did. .... It's amazing how much extra money I get back if I got the right info and did the right thing. MFJ is magical lol.

I do taxes myself. Probably why I got it wrong because a professional would have prompted me.

I will assemble the docs I need and file the Amendment with the W7 within the next week. They won't take photocopies. Either originals or certified copies so I am working on getting them.

More money in our pocket + solving potential Immigration blocks. Can't thank you enough for responding

Great! Don't forget to include the signed attachment stating you are electing to choose to treat the NRA spouse as a RA. Do a quick google search on that for a sample and if you don't find anything let me know and I can send you a copy of the one I wrote up. It needs to be signed by both for the election to be properly made.

[Trini_Manage 5]

Just want to say thanks to everyone for all the responses and help. Much appreciated...

Best Regards

[IcezMan_IcezLady 582]

Hi Maria,

I spent the last hour researching myself because if I received wrong information then I'm in trouble. I have to say that you are right after reading into details.

I probably have to start thinking of filing an amendment myself. I got married on Dec 27, 2014 but I filed as Single. I don't want it to adversely affect my wife's NVC process and Interviews.

It's likely it may get flagged when I use it for AoS.

I will have to pay back $1513 if I file Married filing separately because I will lose all education credits. She has never been here in the states. I don't believe she qualifies for TIN so I can't file Married filing jointly. Can I?

You can apply for TIN for your wife. But check on the things to submit.

I believe, you need a certified copy of her passport. She can get it certified at Foreign Affairs ministry in Ghana.