Jump to content
Beedee170407

Most recent tax filed as single before marriage

24 posts in this topic

Recommended Posts

Hi everyone,

 

My fiancé and I are getting married soon, really excited 😍. I would like to find out if he would need to change his tax status from single to married but filing single once we’re married. We’re a little confused because he filed as single before proposing to me and obviously before our wedding. Will he need to change the status of the tax year just gone or wait for the next one?

 

i heard that not filing correctly could affect our application but not sure which option we are supposed to go with.

 

thank you

Share this post


Link to post
Share on other sites

Ok, thank you.

 

He’s American and I’m Nigerian so he’s the only one changing his tax status. Do you have any idea on how to do this?

4 minutes ago, USS_Voyager said:

If he is married for any day in 2019, he files as married. You can file as jointly or separately, but it needs to be married, not single.

 

Share this post


Link to post
Share on other sites
Just now, Beedee170407 said:

Ok, thank you.

 

He’s American and I’m Nigerian so he’s the only one changing his tax status. Do you have any idea on how to do this?

 

Yes, really easy. When he files taxes for 2019, file it as married. That is just something you choose when you file

Share this post


Link to post
Share on other sites
Just now, USS_Voyager said:

Yes, really easy. When he files taxes for 2019, file it as married. That is just something you choose when you file

Ok, but he won’t be able to file for 2019 until early next year. We intend to start our I-130 petition shortly after our wedding. So I would like to know if he would need to change his status on his most recent filing even though we got married after that tax year. So basically, would he need to change his 2018 tax filing to married but filing single before we start our petition?

 

or is it fine left as single until he files his 2019 taxes?

Share this post


Link to post
Share on other sites
5 minutes ago, Beedee170407 said:

Ok, but he won’t be able to file for 2019 until early next year. We intend to start our I-130 petition shortly after our wedding. So I would like to know if he would need to change his status on his most recent filing even though we got married after that tax year. So basically, would he need to change his 2018 tax filing to married but filing single before we start our petition?

 

or is it fine left as single until he files his 2019 taxes?

Answer this question. Was he married in 2018?

If no. Single

if yes. He needs to change his filing.  

 

If he is single and gets married in 2019. He will be filing in 2020 and before 2020 April 15 (tax deadline for the new tax season). 


01/28/2019 - Mailed Express Mail USCIS Lockbox Phoenix

01/29/2019 - Received by Phoenix Lockbox
02/04/2019 - Receipt Notice Via Text Message assigned to Nebraska Service Center 

Share this post


Link to post
Share on other sites
9 minutes ago, Beedee170407 said:

Ok, but he won’t be able to file for 2019 until early next year. We intend to start our I-130 petition shortly after our wedding. So I would like to know if he would need to change his status on his most recent filing even though we got married after that tax year. So basically, would he need to change his 2018 tax filing to married but filing single before we start our petition?

 

or is it fine left as single until he files his 2019 taxes?

No, if he was single in 2018, then no need to change. They are not crazy, they can read and know that he was single up until he gets married in 2019.

Share this post


Link to post
Share on other sites
2 minutes ago, JMPM said:

Answer this question. Was he married in 2018?

If no. Single

if yes. He needs to change his filing.  

 

If he is single and gets married in 2019. He will be filing in 2020 and before 2020 April 15 (tax deadline for the new tax season). 

Now I understand, thanks for the clarity!

Share this post


Link to post
Share on other sites
33 minutes ago, USS_Voyager said:

If he is married for any day in 2019

Not true.  It is based on the marital status as of the LAST day of the tax year 


YMMV

Share this post


Link to post
Share on other sites

Best way to do this for out high fraud embassys is follow IRS site for adding the alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

the W7 form is filed out with the tax retrurns in the spring (paper filing as the online apps have no info on this)

the W7 wlll need supporting evidence such as marriage certificate,   see the IRS site for info

the alien will be assigned a ITIN (individual tax payer ID number) 

USC can now claim the spouse 

 

other VJ members have left the SS part for alien blank but for us from Africa the W7 and ITIN is the best way to go

you will now start the process to show commingling of finances for the embassy interview

Share this post


Link to post
Share on other sites
5 minutes ago, JeanneAdil said:

Best way to do this for out high fraud embassys is follow IRS site for adding the alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

the W7 form is filed out with the tax retrurns in the spring (paper filing as the online apps have no info on this)

the W7 wlll need supporting evidence such as marriage certificate,   see the IRS site for info

the alien will be assigned a ITIN (individual tax payer ID number) 

USC can now claim the spouse 

 

other VJ members have left the SS part for alien blank but for us from Africa the W7 and ITIN is the best way to go

you will now start the process to show commingling of finances for the embassy interview

Ok. Thank you

Share this post


Link to post
Share on other sites
3 minutes ago, Beedee170407 said:

Ok. Thank you

Sorry should have said you claim on the tax return for the year you marry and file that W7

you also should read about the foreign income exclusion and file Form 2555 if spouse works 

 

The Foreign Earned Income Exclusion (FEIE, using IRS Form 2555) allows you to exclude a certain amount of your FOREIGN EARNED income from US tax. For tax year 2018 (filing in 2019) the exclusion amount is $103,900. ... The exclusion applies only to foreign earned income.

Share this post


Link to post
Share on other sites

i personally didnt have that problem when filing. I filed single cuz my husband didn't have a SSN since its needed to file as married. I read here that i needed to apply for an EIN number for him but i didnot. i had no issues with that throughout the interview. From all my time been on VJ, I have never heard of someone who had an issue at the interview because they filed single because their spouse wasn't in the us.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...