Most recent tax filed as single before marriage

[dwheels76 5,459]

Contrary to popular belief your filing status while spouse is overseas is truly a moot point. No one at Lagos is going to deny you because your husband filed Single. He is single now of course so that's his right to file so. Many married file because IRS and tax accounts who don;t even know what they are talking about tell people they can't file Married when spouse is overseas.
Well you can file without a Social security number Married filing Separate. You just can't e-file it. If he wants to file married filing Jointly he needs you to complete the W7 and you need to go to the US Embassy with $50 to get a copy of your passport notarized to be sent in with the W7.
or he can just file Married filing separate avoid all that wahala and amend the tax return when you get to US and get your SS#

 

 

[Nitas_man 3,100]

8 hours ago, 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?

 

He knows how

[geowrian 22,335]

13 hours ago, Esther Jeru said:

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.

No SSN (or ITIN) is required to file as Married Filing Separately. Single is not an eligible status for anybody married on the last day of the filing year.

But this is an IRS issue, not an immigration one.

[Nitas_man 3,100]

19 hours ago, JeanneAdil said:

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.

Be careful with that.  There are a couple of tests that go with it, tests that almost always qualify the overseas spouse but not always the USC.

[JeanneAdil 6,187]

8 hours ago, Nitas_man said:

Be careful with that.  There are a couple of tests that go with it, tests that almost always qualify the overseas spouse but not always the USC.

If the USC follows the IRS site it will tell all

some forget don't know to file form 2555 plus other things that prove income 

but IRS explains all if anyone will read and follow instructions

[Esther Jeru 53]

On 8/6/2019 at 12:33 AM, geowrian said:

No SSN (or ITIN) is required to file as Married Filing Separately. Single is not an eligible status for anybody married on the last day of the filing year.

But this is an IRS issue, not an immigration one.

Nope. it is not mandatory

[Beedee170407 0]

On 8/5/2019 at 10:42 AM, Esther Jeru said:

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.

Ok, thanks so much for sharing. Appreciate it

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Tax and Finances During US Immigration forum.

[OlayemiLoray 172]

On 8/7/2019 at 10:24 AM, Esther Jeru said:

Nope. it is not mandatory

Exactly...I couldn't file MFJ or MFS because my husband was in another country with no social security number..He was approved at his interview and once he got here to America and got his SSN, we got our 2016 and 2017 taxes amended...No wahala!