Amending MFS To MFJ Possibility

[joemilli 1]

Hello, I have been having a hard time finding correct information about the ITIN filling procedure. I have contacted two H&R Block acceptance agents, a private CPA Firm That has acceptance agents, The IRS both over the phone and in person. So far none of them seems to have a clue;it's shocking. The first one asked for my wife's drivers license and National ID (originals only) and also the marriage certificate (which is not mentioned anywhere in the required documents in the IRS website. The second place said they wouldn't do it because my wife should be here for them to accept her passport. I left in less than 5 minutes, because I wouldn't let someone who has no clue file my taxes. Then, after calling the IRS, the person on the phone stated clearly that she doesn't have that information and that should look at the website. I scheduled an appointment with the IRS tax assistance center, the lady there said that I would have to get a certified copy of the passport (which is, like everyone knows, somewhat a hassle to obtain in many countries). she also said that I can amend the return and include a W7 with it, which doesn't make any sense.

After that I called another H&R Block acceptance agent and she seemed to be helpful, until she said that I wouldn't be able to amend my return from MFS to MFJ.

You Guys are my last hope before I give up on filling jointly. The difference in the refund I will get If I file jointly is significant. Also for USCIS, it better to file jointly.

Does anybody have experience with the possibility of amending the return from MFS to MFJ? Can anybody advice me if I should just give up on it and file MFS? It has become very frustrating to call and meet tax professionals who only contradict each other's and leave us confused at the end. I mean, If I called the IRS themselves and they said that they don't have that information, than who else would know. I have faith in this forum, as I believe that peoples' experience is the best teacher and the best source of information. Please help! it would be greatly appreciated. Thank you!

[JAPINATL 1]

Hello, I have been having a hard time finding correct information about the ITIN filling procedure. I have contacted two H&R Block acceptance agents, a private CPA Firm That has acceptance agents, The IRS both over the phone and in person. So far none of them seems to have a clue;it's shocking. The first one asked for my wife's drivers license and National ID (originals only) and also the marriage certificate (which is not mentioned anywhere in the required documents in the IRS website. The second place said they wouldn't do it because my wife should be here for them to accept her passport. I left in less than 5 minutes, because I wouldn't let someone who has no clue file my taxes. Then, after calling the IRS, the person on the phone stated clearly that she doesn't have that information and that should look at the website. I scheduled an appointment with the IRS tax assistance center, the lady there said that I would have to get a certified copy of the passport (which is, like everyone knows, somewhat a hassle to obtain in many countries). she also said that I can amend the return and include a W7 with it, which doesn't make any sense.

After that I called another H&R Block acceptance agent and she seemed to be helpful, until she said that I wouldn't be able to amend my return from MFS to MFJ.

You Guys are my last hope before I give up on filling jointly. The difference in the refund I will get If I file jointly is significant. Also for USCIS, it better to file jointly.

Does anybody have experience with the possibility of amending the return from MFS to MFJ? Can anybody advice me if I should just give up on it and file MFS? It has become very frustrating to call and meet tax professionals who only contradict each other's and leave us confused at the end. I mean, If I called the IRS themselves and they said that they don't have that information, than who else would know. I have faith in this forum, as I believe that peoples' experience is the best teacher and the best source of information. Please help! it would be greatly appreciated. Thank you!

^{Hi Joemilli! My husband and I went through the same thing in regards on trying to obtain an ITIN for me.}

^{First from what we were told at the TAC is that we can't apply for an ITIN because}

1. ^{We got married this year, so my husband can only apply for joint filing for next year.}
2. ^{W-7 should be filed together with the the tax returns.}
3. ^{They need to have the passport(original) either at a certified TAC or you can send by mail and they'll send it back to you in a while.}

^{I think an accountant would know if you can file jointly even if your spouse is not here in the US. I hope I helped in a way. Good luck!}

[MariaR323 199]

Hello, I have been having a hard time finding correct information about the ITIN filling procedure. I have contacted two H&R Block acceptance agents, a private CPA Firm That has acceptance agents, The IRS both over the phone and in person. So far none of them seems to have a clue;it's shocking. The first one asked for my wife's drivers license and National ID (originals only) and also the marriage certificate (which is not mentioned anywhere in the required documents in the IRS website. The second place said they wouldn't do it because my wife should be here for them to accept her passport. I left in less than 5 minutes, because I wouldn't let someone who has no clue file my taxes. Then, after calling the IRS, the person on the phone stated clearly that she doesn't have that information and that should look at the website. I scheduled an appointment with the IRS tax assistance center, the lady there said that I would have to get a certified copy of the passport (which is, like everyone knows, somewhat a hassle to obtain in many countries). she also said that I can amend the return and include a W7 with it, which doesn't make any sense.

After that I called another H&R Block acceptance agent and she seemed to be helpful, until she said that I wouldn't be able to amend my return from MFS to MFJ.

You Guys are my last hope before I give up on filling jointly. The difference in the refund I will get If I file jointly is significant. Also for USCIS, it better to file jointly.

Does anybody have experience with the possibility of amending the return from MFS to MFJ? Can anybody advice me if I should just give up on it and file MFS? It has become very frustrating to call and meet tax professionals who only contradict each other's and leave us confused at the end. I mean, If I called the IRS themselves and they said that they don't have that information, than who else would know. I have faith in this forum, as I believe that peoples' experience is the best teacher and the best source of information. Please help! it would be greatly appreciated. Thank you!

Hi Joe,

I'm a registered tax preparer in California and I've prepared the W-7s plenty of times. I can try and help you. If you rather you can send me a private msg, not sure, up to you? We would need to go into more details.

[joemilli 1]

Thank you For your answers. What I really want to know is if it's possible to to amend a the return a year of so later and still get the refund difference. getting my wife's passport certified means she has to schedule an appointment with the embassy or the consulate and that will take quite sometime, a couple months at least, just for the appointment. Also, mailing original government issued IDs of passports is illegal and the post office over there checks what'd inside each envelope before sending it. I'm just hoping that it's possible to file separate now and amend the return as joint later. Thank you once again for your answers!

[MariaR323 199]

Ok, easy enough... short answer, yes, you can amend from MFS to MFJ. Once you've filed your tax return as MFS, you have three years from the original deadline to make the change to MFJ.

Whoever told you about not being able to amend probably got a little confused with the opposite; once you have filed your tax return as MFJ, you CANNOT amend your filing status after the April 15th deadline.

[joemilli 1]

Thank you so Maria! from what I understood I can amend MFS to MFJ within 3 years but I can't do the opposite unless you do it before the tax filling deadline.

Do I have to include any special forms when I amend the return. cause they lady at the IRS office mentioned that I have to include a W7, which doesn't make sense because hopefully my wife will have a social security number by them? I will be submitting the I130 next week. Thank you once again! I really appreciate it!

[MariaR323 199]

Yes, MFS to MFJ = ok, within 3 yrs from tax filing deadline. So, if you file 2015 tax return as MFS by 4/15/16... you have until 4/15/19 to file an amendment.

The W-7 attached to the tax return is ONLY if you are wanting to apply for the ITIN.

If you're going to file MFS and wait until your wife has her SSN, then no need at all for the W-7. When she gets her SSN just file the amendment for each year you filed as MFS.

[joemilli 1]

Maria thank you so much. I'm just gonna do that instead of the hassle of applying for the ITIN. Do you think that's the way to go, if you were in my position?

[MariaR323 199]

Well, the MFS filing status is not the best BUT if you have to go through so much hassle for the ITIN then yes, it might make sense for you to just do MFS and wait until she has her SSN to amend. That would be the easiest, per say.

If the money (in reference to a refund) won't be much of an issue to you and you can wait... then MFS is your way to go and amend later with the SSN.

[joemilli 1]

Maria, one last question and sorry if I'm asking a lot of questions. why is MFS not the best way? thank you!

[MariaR323 199]

No problem, I'm actually here working on my own tax return since I didn't have any tax appointments tonight lol

To be blunt, MFS is looked at as the worst filing status in terms of taxes. However, it really all depends on each individual's financial picture. The MFS status has the highest tax rate and certain credits/deductions are either not allowed or halved.

I'll give you a quick and easy example: education credits and the earned income tax credit is not allowed, also student loan interest deduction not allowed. Other credits are halved, such as the retirement savings credit.

Those are just a few and if your financial picture doesn't involve or isn't affected much by those things, then you're not really losing out on much.

[joemilli 1]

Wow! I didn't know that. I actually have a student loan interest I was gonna include. I guess Losing the credit for that. But, that will be fixed when I amend the return. Those credit will be included, right?

[MariaR323 199]

Correct, no student loan interest deduction allowed on MFS... but yes, it would be allowed when you amend.

[joemilli 1]

I hope it all goes well when I amend the return and will be able to get the refund I'll be missing this year.

Maria! I really appreciate your help. You're awesome! Have a great day and thank you so much for everything!

[mat_buky 3]

Maria thank you so much. I'm just gonna do that instead of the hassle of applying for the ITIN. Do you think that's the way to go, if you were in my position?