Filled 2017 Tax Returns as Single While IR1 Visa in Process

[Mano 50]

Last week i have Filled 2017 Tax Returns as Single While IR1 visa in Process. Last year i also have filed as single and NVC has no issue with it. We are going to submit i-864 at US embassy my question is that is there can be any issue regarding this? If we must have to amend that tax returns as married then how much time it takes??

Please Help!!!

[Mill&bill 131]

My husband also filled as single and i am waiting for interview schedule. Our lawyer said uscis knew that if spous add then spouse social security number is needed your wife is overseas so no problem to fill as single.

[Mano 50]

41 minutes ago, Mill&bill said:

My husband also filled as single and i am waiting for interview schedule. Our lawyer said uscis knew that if spous add then spouse social security number is needed your wife is overseas so no problem to fill as single.

oh dear that gave me a breath :/ i just got headache when i came to know IRS can take upto sixteen weeks.. Hope it will work Thanks alot

[Crazy Cat 39,769]

1 hour ago, Mill&bill said:

My husband also filled as single and i am waiting for interview schedule. Our lawyer said uscis knew that if spous add then spouse social security number is needed your wife is overseas so no problem to fill as single.

Absolutely incorrect!!!!  Fire that lawyer!!!  If a person is married as of Dec 31st of any given year, he/she MUST file as married........

[cyclone27 710]

Married is married - can never file single unless you are not married.

[Crazy Cat 39,769]

5 hours ago, Mano said:

Last week i have Filled 2017 Tax Returns as Single While IR1 visa in Process. Last year i also have filed as single and NVC has no issue with it. We are going to submit i-864 at US embassy my question is that is there can be any issue regarding this? If we must have to amend that tax returns as married then how much time it takes??

Please Help!!!

Whether NVC had an issue or not, you should amend those tax returns....If a person is married as of Dec 31st of any year, they CANNOT file as single for that tax year.

[Crazy Cat 39,769]

I just can't understand why people think they can file as "single" when they are actually married!!  The tax forms CLEARLY list "Married filing separately" as a filing status......smh

[Mill&bill 131]

6 minutes ago, missileman said:

Whether NVC had an issue or not, you should amend those tax returns....If a person is married as of Dec 31st of any year, they CANNOT file as single for that tax year.

Can you send me any link or provide any proof. I am feeling upset. My husband filed 2016 tax as single . 

[Crazy Cat 39,769]

13 minutes ago, Mill&bill said:

Can you send me any link or provide any proof. I am feeling upset. My husband filed 2016 tax as single . 

Google "filing taxes as single while married".   There are many sources.................

 

Edited February 12, 2018 by missileman

[Crazy Cat 39,769]

13 minutes ago, Mill&bill said:

Can you send me any link or provide any proof. I am feeling upset. My husband filed 2016 tax as single . 

I'm not sure if it would affect your interview.  However, you can file an amended tax return, and just take a copy of the amended forms to your interview........but sooner or later, he should amend the tax forms.......good luck.

[Mill&bill 131]

12 minutes ago, missileman said:

I'm not sure if it would affect your interview.  However, you can file an amended tax return, and just take a copy of the amended forms to your interview........but sooner or later, he should amend the tax forms.......good luck.

I am confuse now. I am waiting for my interview and everything is ready case completed. At this time nvc already send all documents to local consulate. Should my husband amend taxes now or wait for interview? 

[Crazy Cat 39,769]

7 minutes ago, Mill&bill said:

I am confuse now. I am waiting for my interview and everything is ready case completed. At this time nvc already send all documents to local consulate. Should my husband amend taxes now or wait for interview? 

If I were him, I would amend the tax returns now, and allow you to take a copy to the interview.  That way, you can provide them to the officer IF ASKED.........just my opinion.

[Mill&bill 131]

3 minutes ago, missileman said:

If I were him, I would amend the tax returns now, and allow you to take a copy to the interview.  That way, you can provide them to the officer IF ASKED.........just my opinion.

Yeah it can work in that way. Have you any idea how much time takes to amend tax returns? Like weeks or one or two months?

[Crazy Cat 39,769]

1 hour ago, Mill&bill said:

Yeah it can work in that way. Have you any idea how much time takes to amend tax returns? Like weeks or one or two months?

Last time i did, it took at least 2 months to receive aknowlegement from IRS......if I remember correctly.

[geowrian 22,336]

You cannot file as single if you were married on the last day of the tax year. A married individual (or "considered married" - read the guide below) must file MFJ or MFS (or in very specific circumstances, can file as head of household). Single is never an option for somebody currently married (unless legally separated aka getting divorced).

https://apps.irs.gov/app/vita/content/globalmedia/4491_filing_status.pdf

 

Nobody can know how the CO will interpret the I-864 filed a such, but it may certainly raise questions. NVC probably wouldn't care...they look at minimum requirements and documentation, not actual eligibility (NVC's main role here is administrative tasks to package the documents so the embassy can process the case).

 

An amended return can be filed, and evidence of filing the amended return can be provided.