I-130 Tax return filed as SINGLE

[mcdull 474]

3 hours ago, florida racer 73 said:

Well if it is a no brainier as you say, why are so many people being advised by tax professionals (that have years of college training and experience) being advised otherwise. I see alot of people being advised to file single when they are married and the spouse is outside of the country and does not have an ITIN or SSN, I find it hard to believe that there are so many tax professionals are wrong or misinformed.

 

So, what is the reason then? I am curious to hear an explanation on this one?

because your tax professional is simply wrong?

this is obviously very hard for some people to understand.

[florida racer 73 200]

1 minute ago, mcdull said:

because your tax professional is simply wrong?

this is obviously very hard for some people to understand.

that's nice.

 

Well It is up to me, so I am going to leave it the way it is

 

Thank you for the input

 

[mcdull 474]

Just now, florida racer 73 said:

that's nice.

 

Well It is up to me, so I am going to leave it the way it is

 

Thank you for the input

 

you are welcome. 

[Nuj 28]

23 hours ago, AMJ1 said:

Hello,

 

I am US Citizen. I applied I-130 for my husband.

PD is April 2018 Texas Service Center.

I was reading and preparing for the next step of the application while waiting for the next notice. For the AOS for my tax return I have been filing as Single and not Married. The reason I filed as Single is that my husband is not here in US and never been. I read that it is a RED FLAG and it could denied my application. 😫 Anybody has a same situation as mine?? Could someone enlighten me?? 😞 

Hello, 

 

I was advised by my attorney to do the same. It is not a flag. All you need is a letter from your tax person stating that you had to file as single because your husband doesn't have a SS or can not get A ITIN. Your husband has to take this to his interview if it comes up. I haven't had any issues and we are waiting for an interview date. Good Luck 

[Orangesapples 1,954]

I like how all the people with first hand experience say that they never had any problems with filing single and amending it but all the self appointed tax specialists on VJ scream that it's the end of the world if you give the government more money than you need to

[geowrian 22,335]

Usually filing as single results in the same or lower tax liability than MFS, although there are circumstances where your tax liability could be higher (some deductions don't apply to MFS, such as student loan interest).

Either way, I think the point is that one should file correctly the first time...there's no good reason to knowingly file incorrectly.

 

Most tax filing mistakes tend to go unnoticed, or do not result in other consequences. Nonetheless, they are still mistakes.

I'm unaware of anyone saying it's the end of the world, although properly filing taxes is a duty of every USC, LPR, and aliens subject to US federal tax code.

[Crazy Cat 39,192]

1 hour ago, Orangesapples said:

I like how all the people with first hand experience say that they never had any problems with filing single and amending it but all the self appointed tax specialists on VJ scream that it's the end of the world if you give the government more money than you need to

I have never seen a single post that said it was "the end of the world" to file incorrectly, then amend.  However, filing as single as a married spouse is not complying with tax code, and causes extra work in having to amend later.

[Crazy Cat 39,192]

1 hour ago, Nuj said:

All you need is a letter from your tax person stating that you had to file as single because your husband doesn't have a SS or can not get A ITIN.

That might make you feel better, but is absolutely inaccurate.  Any tax "professional" who writes that letter is demonstrating a clear lack of knowledge of tax code  I would advise you and others to actually do a little research concerning the use of "NRA" in the field for spouse's SSN.  It allows the US spouse to file "Married, filing separately" which is a correct status if the couple is married.  Filing "single" is not correct if the couple is married.

[mushroomspore 3,043]

6 minutes ago, missileman said:

That might make you feel better, but is absolutely inaccurate.  Any tax "professional" who writes that letter is demonstrating a clear lack of knowledge of tax code  I would advise you and others to actually do a little research concerning the use of "NRA" in the field for spouse's SSN.  It allows the US spouse to file "Married, filing separately" which is a correct status if the couple is married.  Filing "single" is not correct if the couple is married.

Exactly and I linked on the other page to the actual US code that states this. It is no different than signing the USCIS forms that say by signing, you are saying all information on the forms are CORRECT and TRUE.  It's ok if someone makes a mistake and didn't realize at the time of filing but it is errorneous to knowingly file as single while married.

 

I think this thread has run its course. OP already said taxes will be amended. I'm out.

[pauli 49]

I think an IRS matter is getting conflated with an immigration matter.  Ultimately the issue is not whether or not a person can amend his or her taxes to file as married.  The point is why give immigration any reason, however small it may be, to question your relationship with your spouse.  Filing as single when you're married does that.