fwe weeks to interview

[Siaa 3]

My wife filled single instead of married in 2018 And I Have interview in a few weeks. - am worried. I just saw it on the tax returns.  she said I needed my SSN and because am not yet in America.

 

Will this affect my interview.

[Nitas_man 3,100]

Your wife filed incorrectly and can fix it simply by preparing and filing a 1040X (amended return) as married filing jointly and mailing that in before your interview.

 

Your wife had 2 choices to legally file while married - married filing separately or married filing jointly and did not file her 2018 taxes correctly if you were married before the end of 2018.

 

If she files married filing jointly she would need to treat you as resident for tax purposes, include your overseas 2018 income, and exclude $104,100 of your income as non-taxable.  
 

Turbotax will guide you through the preparation of the amended return.

 

It may or may not affect your interview.  It was clearly done incorrectly and tax returns are usually in the “proof of marriage” pile.  Good luck.

 

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

Edited December 15, 2019 by Nitas_man

[Siaa 3]

49 minutes ago, Nitas_man said:

Your wife filed incorrectly and can fix it simply by preparing and filing a 1040X (amended return) as married filing jointly and mailing that in before your interview.

 

Your wife had 2 choices to legally file while married - married filing separately or married filing jointly and did not file her 2018 taxes correctly if you were married before the end of 2018.

 

If she files married filing jointly she would need to treat you as resident for tax purposes, include your overseas 2018 income, and exclude $104,100 of your income as non-taxable.  
 

Turbotax will guide you through the preparation of the amended return.

 

It may or may not affect your interview.  It was clearly done incorrectly and tax returns are usually in the “proof of marriage” pile.  Good luck.

 

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

Hmmm... Thank You

[NikLR 13,220]

Generally speaking we have not seen it affect people's interviews unless the person is from a high fraud country and where marriage evidence is already slim. 

 

Best practice would be for your wife to correct this asap. 

[Just Paul 4,591]

2 hours ago, Siaa said:

My wife filled single instead of married in 2018 And I Have interview in a few weeks. - am worried. I just saw it on the tax returns.  she said I needed my SSN and because am not yet in America.

 

Will this affect my interview.

She didn't realize she was married?  Not a good start.  She needs to file amended return and send you a copy to take to the interview.

 

 

Edit:

You already have three things working against you . . . 

Ghana is a high fraud country.

There is a age gap 

She won't be there and since she doesn't fly I take it there have not been a lot of visits.

Edited December 15, 2019 by Paul & Mary

[RaRachel 7]

If you are living apart in another country it is allowed to file as single not married. If you choose to file married world-wide income needs to be reported and you would need to file a w7 for a TIN. 

[Quarknase 1,072]

37 minutes ago, Rachel & Khairy said:

If you are living apart in another country it is allowed to file as single not married. If you choose to file married world-wide income needs to be reported and you would need to file a w7 for a TIN. 

That's incorrect. One is allowed to file as married filing single instead of married filing jointly. That way you prevent having to obtain the ITIN number.

One is NOT allowed to file as single while married.

[LilyJ 1,258]

21 minutes ago, Quarknase said:

married filing single

*Married filing separately

But yes as said filing as single is NOT allowed when married regardless of if the spouse is in the US or not. Married is married no matter where your spouse lives and filing as single while married can be considered tax fraud

Its very easy to file married filing separately. Fill out tax return as normal, print it out, write “NRA” where spouse’s SSN usually goes, and mail it to the IRS

[carmel34 3,538]

If you're concerned about the interview over this one thing, that your wife filed her tax return as single when she was in fact married, imagine the perspective of the officer who will carefully review all the facts in your file before the interview:

 

1.  you have been together once, in person, and got married on that one visit of 15 days

2.  she is older than you

3.  Ghana is a high-fraud country so your fellow countrymen have made it more difficult for those in legitimate relationships

4.  she filed her taxes as single when she wasn't

5.  your US citizen wife will not be with you for the visa interview

 

I visited my husband in Brazil 9 times before his visa interview, I also flew to attend the interview with him, and we submitted lots of evidence of these visits, plus financial co-mingling documents.  Be prepared for scrutiny at the interview and a potential denial based on the facts of your case and location.  What is your backup plan if the visa is denied?

Edited December 15, 2019 by carmel34

[RaRachel 7]

1 hour ago, LilyJ said:

*Married filing separately

But yes as said filing as single is NOT allowed when married regardless of if the spouse is in the US or not. Married is married no matter where your spouse lives and filing as single while married can be considered tax fraud

Its very easy to file married filing separately. Fill out tax return as normal, print it out, write “NRA” where spouse’s SSN usually goes, and mail it to the IRS

I have a Masters and Bachelors in accounting and do taxes for a living. Just a question if your spouse is not in the USA how will you get a ss number without filing a w7? 

[LilyJ 1,258]

40 minutes ago, Rachel & Khairy said:

I have a Masters and Bachelors in accounting and do taxes for a living. Just a question if your spouse is not in the USA how will you get a ss number without filing a w7? 

The answer is that you don’t need one if you’re filing married filing separately. If you’re filing separately and your spouse does not have an SSN or an ITIN you print out the completed forms and write “NRA” (non resident alien) where the SSN usually goes and you mail the forms in. Like I explained. You just can’t file online but you certainly can paper file. And even if you chose to not file separately, then like you said, file a W7 and get the spouse an ITIN and file that way. Or, if qualifying, you can also file as head of household. There are multiple options. Therefore, there really is no excuse nor any reason why anyone should file single while married. Plus the fact that it’s against the law.

Edited December 15, 2019 by LilyJ

[Nitas_man 3,100]

3 hours ago, Rachel & Khairy said:

If you are living apart in another country it is allowed to file as single not married. If you choose to file married world-wide income needs to be reported and you would need to file a w7 for a TIN. 

No, it isn’t

[Nitas_man 3,100]

1 hour ago, Rachel & Khairy said:

I have a Masters and Bachelors in accounting and do taxes for a living. Just a question if your spouse is not in the USA how will you get a ss number without filing a w7? 

 request ITIN for spouse, file MFJ

File MFS, amend the return after SS# is issued

File HOH (if) you have other dependents, amend the return later

 

Anything but filing single, which is specifically prohibited by law if you are married

[NikLR 13,220]

1 hour ago, Rachel & Khairy said:

I have a Masters and Bachelors in accounting and do taxes for a living. Just a question if your spouse is not in the USA how will you get a ss number without filing a w7? 

Well you have all that education and still don't know that you can't file as single when you're married?  This is why people come here for the information. You should know you don't get an SSN from filing the w7.  You get an ITIN. 

[Nitas_man 3,100]

1 hour ago, Rachel & Khairy said:

I have a Masters and Bachelors in accounting and do taxes for a living. 

Sounds like a write-off from here.  This question is basic Tax 101