i-130 Tax Filing Status Definitive Answer

[boostrz 0]

Hello,

I am the USC filing for my NRA wife. We got married on December 30, 2015. What is the definitive answer on Tax Return filing status as of 2016? I have read a plethora of information from multiple threads with no definitive answer. I filed as Single due to the insistence of my tax pro at H&R Block. Now before anyone chimes in about HR block employees being idiots, I live in NYC, the city with arguably the most immigrants in the US, and all the Block employees at the office I went to deal with various immigration related issues on a daily basis. Their expertise is in ITIN's and other immigration related tax things. In addition, my immigration attorney was very confident in her reassurance that my wife's visa WILL NOT be denied based on my tax filing status. Furthermore, two of my cousins just recently brought over their wives from the same country, Bangladesh (one was a year ago, the other 2 months ago) and both filed as Single on their returns and also assured me that no "Red Flags" (as many people blindly point to on this forum) were raised.

At this point, is it worth it for me to file a 1040x to amend my taxes? Has anyone every gotten denied a visa solely Tax Return filing status? Or is it all just speculation?

PS The IRS only cares if they get their money and based on my income, filing Single vs MFS, results in 100% the same tax amount.

-Shawn

[B-2-Z 37]

If you were married on the last day of the year then you're required to file as "Married." If it's "100% the same tax amount" why would you file single? I would file the 1040x, even if nothing comes of the fact you filed as single, is it really worth the risk?

Source; http://www.efile.com/irs-tax-filing-status/

Edited May 8, 2016 by B-2-Z

[Adil & Jeanne 296]

You should have filed a W7 for a ITIN under spouse secttion e of instructions and claimed her as your dependent of taxes

the only time you can ask for ITIN (individual taxpayer ID number) is at tax time in the spring

[boostrz 0]

I don't want to claim her right now, so i do not want to get an ITIN for her. That would add a whole new level of complexity (back and forth mailing to a 3rd world country with no postal, time to wait for ITIN, etc) to an already complicated process.

[aaron2020 11,651]

Just because an H&R Block employee can file for an ITIN, it doesn't mean he's not an idiot.

H&R Block employees receive minimal training.

I have an advanced tax degree.

There is no immigration effect by filing as single. There is only a money issue.

I would amend your tax return. Get an ITIN for your wife and file as married. Filing as married means an additional personal deduction and more generous tax scale which means a lower tax burden. If you got a refund, you'll get a bigger refund USUALLY in most cases by filing as married when the other spouse has little or no income.

You could use the extra money right?

[Nich-Nick 3,353]

You wanted a definitive answer. Publication 501 https://www.irs.gov/publications/p501/ar02.html

Marital Status

In general, your filing status depends on whether you are considered unmarried or married.

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are either:

Unmarried, or

Legally separated from your spouse under a divorce or separate maintenance decree.

State law governs whether you are married or legally separated under a divorce or separate maintenance decree.

Married persons. If you are considered married, you and your spouse can file a joint return or separate returns.

Considered married. You are considered married for the whole year if, on the last day of your tax year, you and your spouse meet any one of the following tests.

1. You are married and living together.

2. You are living together in a common law marriage recognized in the state where you now live or in the state where the common law marriage began.

3.You are married and living apart but not legally separated under a decree of divorce or separate maintenance.

4. You are separated under an interlocutory (not final) decree of divorce.

I don't think NVC will look at how you filed. They aren't IRS agents. Not their problem.They want to see how much money you made. That is an opinion. I have an advanced degree in Visa Journey. Just kidding, of course. There is no definitive answer for that one.

[boostrz 0]

Just because an H&R Block employee can file for an ITIN, it doesn't mean he's not an idiot.

H&R Block employees receive minimal training.

I have an advanced tax degree.

There is no immigration effect by filing as single. There is only a money issue.

I would amend your tax return. Get an ITIN for your wife and file as married. Filing as married means an additional personal deduction and more generous tax scale which means a lower tax burden. If you got a refund, you'll get a bigger refund USUALLY in most cases by filing as married when the other spouse has little or no income.

You could use the extra money right?

Thank you for your reply. Ya extra money is great, but not the extra headache that goes with it. Even If I did amend, it would only be married filing separately, so no gain for me. So technically, if I left it at single, I should be just fine right?

[aaron2020 11,651]

Thank you for your reply. Ya extra money is great, but not the extra headache that goes with it. Even If I did amend, it would only be married filing separately, so no gain for me. So technically, if I left it at single, I should be just fine right?

For immigration, what you do does not matter.

You fail to understand that with an ITIN for your wife, you can file a joint return. That could mean some real money; perhaps a couple hundred to a thousand dollars depending on your marginal tax bracket.

[MariaR323 199]

Basically, in the eyes of the IRS and for tax purposes, you filed using the wrong status.

For Immigration purposes, it may or may not effect you. I haven't heard or read of someone who said they had problems like that. It's a risk you'd be taking. You could or could not get questioned on it. All depends on who is reviewing your case file and how detailed they want to get.

[newacct 688]

There is no immigration effect by filing as single. There is only a money issue.

You mean filing as Married Filing Separately? Someone who is married cannot file as Single.

[Nich-Nick 3,353]

You mean filing as Married Filing Separately? Someone who is married cannot file as Single.

They can and they do file as single because their tax prep person does it that way. While not correct, it is commonly reported on VJ. I believe aaron2020 meant Immigration is not in the business of auditing tax returns whether you picked the correct filing status or not.

[boostrz 0]

As per the IRS themselves, they no longer accept any forms that have "NRA"

https://www.irs.gov/Individuals/General-ITIN-Information

So what are people doing if they DO NOT want to go thru the hassle of obtaining an ITIN? Obviously the IRS states that you CANNOT put MFS and "NRA" in your spouse's SSN.

If I am interpreting the IRS rules, you can only file MFS or MJS only if your spouse has an SSN or ITIN...is this correct?

I DO NOT want to apply for an ITIN due to the time and hassle.

[B&Z 201]

As per the IRS themselves, they no longer accept any forms that have "NRA"

https://www.irs.gov/Individuals/General-ITIN-Information

So what are people doing if they DO NOT want to go thru the hassle of obtaining an ITIN? Obviously the IRS states that you CANNOT put MFS and "NRA" in your spouse's SSN.

If I am interpreting the IRS rules, you can only file MFS or MJS only if your spouse has an SSN or ITIN...is this correct?

I DO NOT want to apply for an ITIN due to the time and hassle.

Uh oh...I thought I finally did my taxes correct this year (after filing "single" incorrectly thanks to H&R block for the past 4 years since marriage), and now it says they don't accept NRA??? No wonder I haven't gotten my return money back yet! ARG!

Edit: AHA!! I Googled it and found IRS Pub 17 for the 2015 tax filing year. In the middle of page 22, it states to put NRA if you are filing MFS and your spouse doesn't have an SSN or ITIN. I think the website means they don't accept a tax return if the filer puts NRA...meaning they will accept your return with your SSN and NRA listed as the spouse identifier, but they wouldn't accept a separate return with NRA listed as the filer's identifier. Meaning your spouse couldn't file their own return until they got an SSN or ITIN.

https://www.irs.gov/pub/irs-pdf/p17.pdf

Edited May 9, 2016 by B&Z

[Nich-Nick 3,353]

As per the IRS themselves, they no longer accept any forms that have "NRA"

https://www.irs.gov/Individuals/General-ITIN-Information

So what are people doing if they DO NOT want to go thru the hassle of obtaining an ITIN? Obviously the IRS states that you CANNOT put MFS and "NRA" in your spouse's SSN.

If I am interpreting the IRS rules, you can only file MFS or MJS only if your spouse has an SSN or ITIN...is this correct?

I DO NOT want to apply for an ITIN due to the time and hassle.

They don't accept it if the person is a filer...as in you and wife filing jointly. They won't process her return (or her named jointly) without an ITIN or SSN.

If you file Married Filing Separately, then it is your return only. You have to name your spouse on it, but NRA is acceptable in that instance because she is not filing anything.

[boostrz 0]

that makes sense. I have an appointment tomorrow with HR Block, I will most likely fill out a 1040x putting "NRA" for my wife.