Filled 2017 Tax Returns as Single While IR1 Visa in Process

[Obaid 8]

Call the IRS

[geowrian 22,336]

2 minutes ago, Obaid said:

I'm sorry sweet heart I am in a smilar boat as this person I called the irs and they said i could file head of household.

HOH is a valid alternative to MFS in some cases (i.e. with a dependent and living apart from your spouse).

[Crazy Cat 39,624]

23 minutes ago, Obaid said:

I'm sorry sweet heart I am in a smilar boat as this person I called the irs and they said i could file head of household. 

My interview is this month. 

The poster to whom I replied had filed as "Single" even though they were married.....which is not in compliance with tax law.

[JackandRed 16]

My tax preparer said that I could only file as Married filing separately.  Have filed this way for the last three years now with no problems. 

[Ryan H 3,796]

Moved from Progress Reports to Process & Procedures.

[cybermax 39]

For my case, I got married in May 2016. My wife still lived back home. After I came back to the US, I applied ITIN (a Tax ID) for my wife because she is not a US permanent resident or a US citizen and she doesn't have a social security number to put in the tax return 2016. In March 2017, I filed my tax return jointly with her using my SSN and her ITIN. Everything went smoothly and accepted with both federal and state tax departments. I did the same thing for our tax return this year. My wife was scheduled for an interview (CR1) on March 26 2018 coming and we have nothing to worry about. Her name and my name are printed clearly on 2 year tax returns. It's a good point showing a real, trustful relationship with nothing to hide. 

 

If I was the officer interviewing you and your spouse. You told me that you are married but on the paper show that you are single. This is obviously a conflict and take my attention seriously. I'm questioning that why you don't share your financial situation with your spouse and why your spouse didn't report his/her income to IRS?

 

This is a big mistake, please consider to fix this before the interview.

Edited February 13, 2018 by cybermax

[Unlockable 7,306]

12 hours ago, etrangais said:

You cant file taxes as married and not have your spouse here with you, unless you go through the process of getting a Tax identification # (takes for ever).

The CO can extend the filling until the spouse gets here.

This is incorrect.

 

And dangerous as it gives out misinformation.

 

An accountant has already contributed to this post confirming that a person should file as married. And even the OP has reported she contacted a few tax accountants to confirm the same.

[Keith & Arileidi 437]

11 hours ago, cybermax said:

 

If I was the officer interviewing you and your spouse. You told me that you are married but on the paper show that you are single. This is obviously a conflict and take my attention seriously. I'm questioning that why you don't share your financial situation with your spouse and why your spouse didn't report his/her income to IRS?

 

This is a big mistake, please consider to fix this before the interview.

You are making it more serious than it needs to be. The job of the CO is to make sure your relationship is bonafide and that you have a valid income for the AOS. 

Not to correct you on your taxes..

 

 

Edited February 13, 2018 by Keith & Arileidi

[Crazy Cat 39,624]

Just now, Keith & Arileidi said:

You are making it more serious than it needs to be. The job of the CO is to make sure your relationship is bonafide. 

Not to correct you on your taxes..

 

 

Would you expect a person in a bona fide marriage to file his or her taxes as "Single"?

[geowrian 22,336]

I wouldn't put too much focus on tax return filing status for a bona fide marriage consideration, but it would be one part of a larger puzzle. Going back to the OP's case, they are going through a very difficult embassy (probably the 3rd or 4th or so most difficult one). If there's any reason for the CO to suspect that the marriage is not bona fide, the taxes would probably be used to support that conclusion. I don't think the taxes alone would be an issue, but I do think it could be a factor if there are other issues the CO identifies.

[cybermax 39]

15 minutes ago, Keith & Arileidi said:

You are making it more serious than it needs to be. The job of the CO is to make sure your relationship is bonafide and that you have a valid income for the AOS. 

Not to correct you on your taxes..

 

 

I might be serious but it's necessary. It's up to you to do it or not. Your life, your choice.

 

But if you file as "Single" while you are "Married", it means:

1. You lied to IRS, providing wrong information to a very important document.

2. You said you are "Single" on your tax records but you are petitioning for another person abroad with USCIS and NVC  and claiming that you are "Married" .

 

This is a big conflict between IRS, USCIS and NVC. If I was the immigrant officer, I'm not gonna put my trust into your case.

I'm not saying if this might cause your case to be failed. I'm just saying it's risky. On the other hand, it's preventable by contacting IRS to fix the issue before it's too late.

Edited February 13, 2018 by cybermax

[Keith & Arileidi 437]

49 minutes ago, missileman said:

Would you expect a person in a bona fide marriage to file his or her taxes as "Single"?

To prove a bonafide marriage you need multiple pieces of evidence. Your tax transcripts being just one document on the list. (Mainly for income verification) 

Edited February 13, 2018 by Keith & Arileidi

[Keith & Arileidi 437]

38 minutes ago, cybermax said:

I might be serious but it's necessary. It's up to you to do it or not. Your life, your choice.

 

But if you file as "Single" while you are "Married", it means:

1. You lied to IRS, providing wrong information to a very important document.

2. You said you are "Single" on your tax records but you are petitioning for another person abroad with USCIS and NVC  and claiming that you are "Married" .

 

This is a big conflict between IRS, USCIS and NVC. If I was the immigrant officer, I'm not gonna put my trust into your case.

I'm not saying if this might cause your case to be failed. I'm just saying it's risky. On the other hand, it's preventable by contacting IRS to fix the issue before it's too late.

No it's not.. 

The whole point of the tax return is to validate income. The OP probably needs to amend his returns but theres no need to put extra stress on the situation. Especially when he's probably not the first person to make this type of mistake. 

[cybermax 39]

Just now, Keith & Arileidi said:

No it's not.. 

The whole point of the tax return is to validate income. The OP probably needs to amend his returns but theres no need to put extra stress on the situation. Especially when he's probably not the first person to make this type of mistake. 

Whatever you like.

For me, I'm not gonna take that risk and waste my time then.

[Keith & Arileidi 437]

10 minutes ago, cybermax said:

Whatever you like.

For me, I'm not gonna take that risk and waste my time then.

It's not really what I like.. that's litterally what the tax returns are for.  That's why you have to supply it with the AOS.