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c.schieche

Filed Single when Married

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Hello!

Me and my husband got married in 2014, and I have been living in Sweden since (before as well). We just received our NOA2 on New Years Eve, which are great news, but it made me take another look through all the things that are coming up. I came across the issue of marital status when filing taxes.

My husband's accountant advised him to file as single while I was still out of the country - from what I can read on here in the forums and help pages that was not correct at all, as it in a way is a lie to the IRS and can come to bite us now when sending tax returns to the NVC. Has anyone recently been through the same situation?

I was thinking that, if we would go ahead and try to amend his taxes for 2014 to get the proper status, would it be possible to send the OLD transcripts with the signed amendment paper, together with a not that this was a mistake (in this case based on poor advise)?

Any thoughts would be great! Filing the 1040x seems to take up to 16 weeks which is not the funniest amount of time...

Thank you!

Christoffer

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***Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.***

**Moderator hat off**

There are two options:

  • Amend to married filing separately.
  • Apply for an ITIN and amend to married filing jointly.

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

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Hello!

Me and my husband got married in 2014, and I have been living in Sweden since (before as well). We just received our NOA2 on New Years Eve, which are great news, but it made me take another look through all the things that are coming up. I came across the issue of marital status when filing taxes.

My husband's accountant advised him to file as single while I was still out of the country - from what I can read on here in the forums and help pages that was not correct at all, as it in a way is a lie to the IRS and can come to bite us now when sending tax returns to the NVC. Has anyone recently been through the same situation?

I was thinking that, if we would go ahead and try to amend his taxes for 2014 to get the proper status, would it be possible to send the OLD transcripts with the signed amendment paper, together with a not that this was a mistake (in this case based on poor advise)?

Any thoughts would be great! Filing the 1040x seems to take up to 16 weeks which is not the funniest amount of time...

Thank you!

Christoffer

Hi Christoffer!

Yes, amending the tax return is the best way to go. I understand your concern about how much time it will take! You can go ahead and submit the original 2014 tax returns, along with the amendment, and an explanation of why you are amending, but, in my opinion, that comes with a bit of risk.

If you are willing to take that risk (yes, blame the accountant - and don't use him/her again!!!), then go ahead. But the best and safest way would be to file the amendment and get a revised transcript for 2014.

It's up to the two of you. If you are well past the poverty line, and you have no other red flags, then perhaps the risk is worth it.

Best of luck!

Sukie in NY


Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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Thank you for your replies!

We are gonna start the amendment first thing Wednesday when my husband is back in New York. My husband is past the poverty line quite well, we had no RFEs and I think we are quite without any other red flags, so maybe that would be okay to send in the old one with the amendment. We'll take advise from a lawyer that we previously consulted before sending in our I-130.

Yes, the accountant is not gonna be with us anymore. He had said that my husband could do the MFS/J, but that both needed an ITIN for me - he said that it's just a hassle so my husband should file as single until I came over on my Green Card. Goodbye Mister!

Thanks again

Christoffer

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