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

[broppy 204]

10 minutes ago, Springrain22 said:

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.

There's probably no need for her to get an ITIN. You should talk to your tax advisor about amending your filing to Married filing separately - it's basically just a matter of changing the filing status and putting NRA where it asks for spouse's full name.

Edited April 7, 2017 by broppy

[Jeanne Adil 1,651]

First tax man was wrong and you should have claimed spouse on taxes by filing W7 form with original marriage certificate and spouse's birth cerificate (there are also other forms of spouse ID you can use but these you should have already because of filing CR1)

W7 is applying for ITIN and can only be applied for when filing tax returns for the year previouss

 

but many do not claim spouse on taxes tilll spouse is in US

WHY?  maybe because they would have to also claim any foreign income spouse makes

but to me it was well worth claiming my husband and getting the credit as he was in college and no income

filing as single should not hurt /but i highly recommend doing it for high fraud countries to help show combined assests as countries like ours demand this at times

Edited April 7, 2017 by adil-rafa

[Springrain22 427]

2 minutes ago, broppy said:

There's probably no need for her to get an ITIN. You should talk to your tax advisor about amending your filing to Married filing separately - it's basically just a matter of changing the filing status and putting NRA where it asks for spouse's full name.

Do you know how long it takes to amend and order new tax transcript?

[Springrain22 427]

3 minutes ago, adil-rafa said:

First tax man was wrong and you should have claimed spouse on taxes by filing W7 form with original marriage certificate and spouse's birth cerificate (there are also other forms of spouse ID you can use but these you should have already because of filing CR1)

W7 is applying for ITIN and can only be applied for when filing tax returns for the year previouss

 

but many do not claim spouse on taxes tilll spouse is in US

WHY?  maybe because they would have to also claim any foreign income spouse makes

but to me it was well worth claiming my husband and getting the credit as he was in college and no income

filing as single should not hurt y

Doing W-7 thing to get her ITIN could take up to 3 months (just this process, not including ordering transcripts), which is crazy. Also, we are not doing CR1, we're IR1. Does it make any difference?

 

This is exactly what I did: I did not claim my wife on taxes because she's not in US thus she has no SSN or ITIN or whatever. IS IT REQUIRED officially by NVC and consulate? Is there any rule that I MUST have it filed "married"?

[cyclone27 710]

No need for ITIN - just need to submit a paper return with NRA written for SSN. Claim married filing separate

 

NRA (non resident alien)

 

Once she gets an SSN then submit an amended return married filing joint. Will have to submit a statement you are doing so accordingly and you will submit world wide income for spouse too. In addition to  amending status claim her income.

[broppy 204]

1 minute ago, Springrain22 said:

Do you know how long it takes to amend and order new tax transcript?

No. But she only needs a copy of the amended return plus W-2s. The transcript is just nice to have as it's proof you really did file - if it's not available in time, don't worry about it.

[NovaSprings 89]

Sorry to be blunt, but you should fire your accountant.  He/she should have known the rules re non resident spouses and advised you, 4 yrs ago,  (when you got married) to file with her.  I think the main thing is to fill amendments to get this corrected before your wife's intreview as financial co-mingling is one of the key items the CO looks for.

[Springrain22 427]

Just now, NovaSprings said:

Sorry to be blunt, but you should fire your accountant.  He/she should have known the rules re non resident spouses and advised you, 4 yrs ago,  (when you got married) to file with her.  I think the main thing is to fill amendments to get this corrected before your wife's intreview as financial co-mingling is one of the key items the CO looks for.

OK, how to amend then? Do I really need to get her an ITIN to proceed or I can just amend with "married filing separate" with NRA written for her SSN? She did not work in 2016 at all.

[cyclone27 710]

Don't try to over think this. Again no need for ITIN - I went through same scenario as you though I filed status correctly. Then when my wife was state side I amended my return to reflect married joint and her SSN. (Result was a sizeable credit)!

 

tax transcripts don't reflect amended status - found this out when we started gathering tax transcripts for ROC.

[NovaSprings 89]

Whether you file jointly or sperately is really a personal choice based on what makes sense to you financially.  If you file jointly, you will gain access to additional tax credits, but you will need her ITIN.  You can file married but separately, no ITIN is required, but less tax credits.  The key is to amend and file "married" not single. I am no expert, I have a great accountant who advises me...you can also refer to the URL posted earlier for more info.  

 

Transcripts don't show staus, but including your return showing a married status is one way to show financial co-mingling as part of your bonified marriage evidence.

 

Edited April 7, 2017 by NovaSprings

[Waffle123 36]

Me and my husband are in the exact same situation, my interview will be next week and I recently found out that his lawyer advised him to file as 'Single'.

We will not have time to change anything now, but i would also like to know about what to do next and how to amend.

[Springrain22 427]

25 minutes ago, cyclone27 said:

Don't try to over think this. Again no need for ITIN - I went through same scenario as you though I filed status correctly. Then when my wife was state side I amended my return to reflect married joint and her SSN. (Result was a sizeable credit)!

 

tax transcripts don't reflect amended status - found this out when we started gathering tax transcripts for ROC.

So you're saying I should do nothing and just proceed with NVC as it is with filed "single"? Again, my only concern is CO. Is it true that you had exactly the same story? What did the CO ask during the interview?

[Springrain22 427]

12 minutes ago, Waffle123 said:

Me and my husband are in the exact same situation, my interview will be next week and I recently found out that his lawyer advised him to file as 'Single'.

We will not have time to change anything now, but i would also like to know about what to do next and how to amend.

Hey, I wish you all the best, really! Could you please then report here how everything went through? Is there any way I can contact you later to know it for sure? Sorry if it's too personal, I am just really in worries here.

[Waffle123 36]

We submitted the taxes to the NVC and they also said Single, had no problems with that.

I will reply here after the interview to let you know whether it caused any problems! My husband promised to call IRS to find out what we should do though. 

[Ryan H 3,791]

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