IR1: Filed taxes as single. What should I do now?

[Springrain22 427]

Hello everyone!

 

Here's my situation: I am USC, filed I-130 for my wife, it's already approved and has been sent to the NVC, so I am here preparing all other documents to be sent. I know, that I have to prepare and send Affidavit of Support (I-864), I have made more than enough on 2016 so I'll be sponsoring my wife. I've already did my taxes a few weeks ago. However, during filing, my accountant stated that I am single, as he said he could not make it "Married" because it is requires my wife's SSN and she does not have it because she has never been in the US before. I've read that it could be a problem or some issue for the CO who will be interviewing my wife once the case is complete. So I am really worried now.

 

What should I do now? Could it be a real problem? Does CO know that "Married" status required SSN while filing taxes? Is there any way she can be denied on her visa? Please share your experience and thoughts, I really need your help here. I would like not to change anything, as everything has been already filed and sent. Thanks.

[A'n'L 735]

Having a non-resident spouse gives you several options for filing your taxes, filing single is NOT one of them. For both IRS and immigration purposes, you need to amend your return. In lieu of a SSN, your wife can/must obtain an ITIN.

 

http://finance.zacks.com/can-file-single-taxes-am-married-nonresident-alien-7364.html

 

 

[Springrain22 427]

Just now, A'n'L said:

Having a non-resident spouse gives you several options for filing your taxes, filing single is NOT one of them. For both IRS and immigration purposes, you need to amend your return. In lieu of a SSN, your wife can/must obtain an ITIN.

 

http://finance.zacks.com/can-file-single-taxes-am-married-nonresident-alien-7364.html

 

 

I've read that it could take up to 3 months to obtain her ITIN, is it correct? Does it mean that I have to freeze the process until she has her ITIN?

[Springrain22 427]

2 minutes ago, A'n'L said:

Having a non-resident spouse gives you several options for filing your taxes, filing single is NOT one of them. For both IRS and immigration purposes, you need to amend your return. In lieu of a SSN, your wife can/must obtain an ITIN.

 

http://finance.zacks.com/can-file-single-taxes-am-married-nonresident-alien-7364.html

 

 

On W-7 form that is used to get ITIN, it says: "Don’t submit this form if you have, or are eligible to get, a U.S. social security number (SSN)" -- does it mean that my wife is eligible to get SSN or we still MUST to get her ITIN before proceed?

[A'n'L 735]

1 minute ago, Springrain22 said:

I've read that it could take up to 3 months to obtain her ITIN, is it correct? Does it mean that I have to freeze the process until she has her ITIN?

I do not know the processing time for ITIN, but you can simply attach the application to your amended tax return.

[Springrain22 427]

1 minute ago, A'n'L said:

I do not know the processing time for ITIN, but you can simply attach the application to your amended tax return.

How can I amend my taxes then if it requires her ITIN there to update status to "Married"?

[A'n'L 735]

Just now, Springrain22 said:

On W-7 form that is used to get ITIN, it says: "Don’t submit this form if you have, or are eligible to get, a U.S. social security number (SSN)" -- does it mean that my wife is eligible to get SSN or we still MUST to get her ITIN before proceed?

Your wife is not yet eligibile for a SSN, so you should get the ITIN.

[A'n'L 735]

Just now, Springrain22 said:

How can I amend my taxes then if it requires her ITIN there to update status to "Married"?

By appending the application for ITIN. Did you read the link I sent you?

[Springrain22 427]

2 minutes ago, A'n'L said:

By appending the application for ITIN. Did you read the link I sent you?

Thanks, just too confusing. Do you know the approximate time frame for this process so I can get amended tax return transcript?

[A'n'L 735]

1 minute ago, Springrain22 said:

Thanks, just too confusing. Do you know the approximate time frame for this process so I can get amended tax return transcript?

Sorry, I don't .

[sparkles_ 456]

I know everyone says amend, but my spouse and I married at the end of the tax year, he had no status yet and I filed head of household with the kids minus him and it was never mentioned. You have 2 years I think to amend....so if you do file single, you can fix it later. The IRS won't bark your door down about it either, and the IOs that interview you won't call the IRS, only want a reasonable explanation why. 

[Springrain22 427]

7 minutes ago, sparkles_ said:

I know everyone says amend, but my spouse and I married at the end of the tax year, he had no status yet and I filed head of household with the kids minus him and it was never mentioned. You have 2 years I think to amend....so if you do file single, you can fix it later. The IRS won't bark your door down about it either, and the IOs that interview you won't call the IRS, only want a reasonable explanation why. 

Thanks for your answer! I do not care about IRS here. Like I said, my only concern is CO at the time of my wife's interview. The tax return says I filed as single while I am married for 4 years already. I know I won't be able to attend at the interview as a husband, so is it going to be enough if I write an explanation letter that my wife can present at the interview?

Edited April 7, 2017 by Springrain22

[Denys/Alba/Yanes 10]

I was confused with my filling status,  I discovered some research and read a couple of good guides you can get her ITIN number for me it took almost 1 month 2 weeks for the whole process it's not hard to do 

[sparkles_ 456]

4 minutes ago, Springrain22 said:

Thanks for your answer! I do not care about IRS here. Like I said, my only concern is CO at the time of my wife's interview. The tax return says I filed as single while I am married for 4 years already. I know I won't be able to attend at the interview as a husband, so is it going to be enough if I write an explanation letter that my wife can present at the interview?

I would write one saying either you're working on amending and obtaining an ITIN with the help of a CPA if that's something you wish to do, or write explaining why you filed single....which would be she is in X country and no valid ssn to file with. 

[Springrain22 427]

Just now, Denys/Alba/Yanes said:

I was confused with my filling status,  I discovered some research and read a couple of good guides you can get her ITIN number for me it took almost 1 month 2 weeks for the whole process it's not hard to do 

I know I can get her ITIN, but it takes crazy amount of time. IRS says it could take up to 11 weeks if I file by April 30. I am already waiting for my wife almost 2 years and every month is a lot, that's why I would like not to amend if possible, having explain everything to CO instead.