fwe weeks to interview

[RaRachel 7]

2 minutes ago, NikLR said:

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. 

I was asking sarcastically but ok. Your right there are some states you would have to file as head of household if you have dependents. Yes if you have legally never lived together and still dont by the end of the year it is considered legally separated and you can file as single. I'm not going to argue with anyone.

[NikLR 13,220]

5 minutes ago, Rachel & Khairy said:

I was asking sarcastically but ok. Your right there are some states you would have to file as head of household if you have dependents. Yes if you have legally never lived together and still dont by the end of the year it is considered legally separated and you can file as single. I'm not going to argue with anyone.

 

Quote

 

Marital status.

If you are unmarried, your filing status is single or, if you meet certain requirements, head of household or qualifying widow(er). If you are married, your filing status is either married filing a joint return or married filing a separate return. For information about the single and qualifying widow(er) filing statuses, see Pub. 501, Dependents, Standard Deduction, and Filing Information.

[...]

Married persons.

You are married for the whole year if you are separated but you haven’t obtained a final decree of divorce or separate maintenance by the last day of your tax year. An interlocutory decree isn’t a final decree. However, individuals who have entered into a registered domestic partnership, civil union, or other similar relationship that isn’t called a marriage under state (or foreign) law aren’t married for federal tax purposes. For more information, see Pub. 501.

[...]

Exception.

If you live apart from your spouse, under certain circumstances, you may be considered unmarried and can file as head of household. See Head of Household , later.

[...]

Considered unmarried.

 You are considered unmarried on the last day of the tax year if you meet all the following tests.

• You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

• You paid more than half the cost of keeping up your home for the tax year.

• Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.

• Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Qualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year.)

• You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child. The general rules for claiming a dependent are shown in Table 3.

 

https://www.irs.gov/publications/p504#en_US_2018_publink1000175821

 

 

Pretty much from everything I read, you file as MFJ, MFS, HOH or if you're actually separated and have a decree stating such, you can file as single.  You should not file a single if you're trying to get your spouse an immigrant visa from a high fraud country.  🤦‍♀️

[SalishSea 16,945]

4 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. 

Incorrect.

[SalishSea 16,945]

22 minutes ago, Rachel & Khairy said:

I'm not going to argue with anyone.

Except for maybe with the IRS 😉

[LilyJ 1,258]

18 minutes ago, Rachel & Khairy said:

I was asking sarcastically but ok. Your right there are some states you would have to file as head of household if you have dependents. Yes if you have legally never lived together and still dont by the end of the year it is considered legally separated and you can file as single. I'm not going to argue with anyone.

I think you need to research what it means to be legally separated vs physically separated, as well as study tax laws more in depth as it seems your school didn't properly give you the correct information. If you do not have a LEGAL court separation and you are married, it's mfj, mfs, or hoh. Nowhere does the IRS say you can EVER file as single while married regardless of where your spouse lives

[RaRachel 7]

6 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.

It will not affect your interview most people who are not together yet file as single for 2018. You haven't lived together yet. For 2019 she needs to file as married filing jointly or separately. Good luck!! The embassy isn't worried about your filing status. 

[Just Paul 4,591]

2 hours 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? 

Really, you do taxes?   Granted it isn't covered until the advanced section of the H&R Block class.

 

To file together get an ITIN.  The first $100k of income can be exempted for the overseas spouse.

[Duke & Marie 1,389]

19 minutes ago, Rachel & Khairy said:

It will not affect your interview most people who are not together yet file as single for 2018. You haven't lived together yet. For 2019 she needs to file as married filing jointly or separately. Good luck!! The embassy isn't worried about your filing status. 

You are now contradicting yourself.. 

 

if they didnt need to file married in 2018 because they did not living together why would they need to file for 2019 they’re still not living together? There interview is still a few weeks away 2019 will be over by the time they move.. 🤷‍♀️

 

Id recommend you go gain some knowledge to go along with that education of yours, mfs or hoh if they qualify. 

 

Also, another of your comments... if you’re classified as legally seperated due to not living together how is it then classified as married for immigration purposes? 🙄 really need to go check your information before posting 

Edited December 15, 2019 by Duke & Marie

[Nitas_man 3,100]

21 minutes ago, Paul & Mary said:

Really, you do taxes?   Granted it isn't covered until the advanced section of the H&R Block class.

 

To file together get an ITIN.  The first $100k of income can be exempted for the overseas spouse.

Im glad he’s a tax expert and not a surgeon or dentist

[RaRachel 7]

27 minutes ago, Duke & Marie said:

You are now contradicting yourself.. 

 

if they didnt need to file married in 2018 because they did not living together why would they need to file for 2019 they’re still not living together? There interview is still a few weeks away 2019 will be over by the time they move.. 🤷‍♀️

 

Id recommend you go gain some knowledge to go along with that education of yours, mfs or hoh if they qualify. 

 

Also, another of your comments... if you’re classified as legally seperated due to not living together how is it then classified as married for immigration purposes? 🙄 really need to go check your information before 

They were married during 2018 correct? There is an exception the first year of marriage if they have never lived together. The second year if married the entire year yes they need to file as married. 

[LilyJ 1,258]

8 minutes ago, Rachel & Khairy said:

They were married during 2018 correct? There is an exception the first year of marriage if they have never lived together. The second year if married the entire year yes they need to file as married. 

Not true at all. If you are married by December 31 then you need to file as married for the entirety of that tax year regardless if you live together or not. IRS REQUIRES you file as mfj, mfs, or hoh if you are married on or before December 31 of that year. Legally you cannot file as single. Nowhere does IRS say you can file single while married just because your spouse does not live in the states.

 

1 hour ago, Rachel & Khairy said:

Yes if you have legally never lived together and still dont by the end of the year it is considered legally separated and you can file as single

 

8 minutes ago, Rachel & Khairy said:

The second year if married the entire year yes they need to file as married. 

Also, this is very contradictory. Sounds like you're just making this up as you go along? But hey, you're the tax expert, not everyone else who has had a multitude of immigration experience as well as all the lawyers on here who say the opposite of what you claim

Edited December 15, 2019 by LilyJ

[Quarknase 1,072]

4 minutes ago, LilyJ said:

Not true at all. If you are married by December 31 then you need to file as married for the entirety of that tax year regardless if you live together or not. IRS REQUIRES you file as mfj, mfs, or hoh if you are married on or before December 31 of that year. Legally you cannot file as single. Nowhere does IRS say you can file single while married just because your spouse does not live in the states.

 

 

Also, this is very contradictory. Sounds like you're just making this up as you go along? But hey, you're the tax expert, not everyone else who has had a multitude of immigration experience as well as all the lawyers on here who say the opposite of what you claim

makes one get scared about which accountant to trust with ones own taxes lol.

[Nitas_man 3,100]

13 minutes ago, Rachel & Khairy said:

They were married during 2018 correct? There is an exception the first year of marriage if they have never lived together. The second year if married the entire year yes they need to file as married. 

^^^^Warning^^^^^bad advice

 

I posted the link to the IRS regs dude.  

Edited December 15, 2019 by Nitas_man

[LilyJ 1,258]

3 minutes ago, Quarknase said:

makes one get scared about which accountant to trust with ones own taxes lol.

With the amount of people I've seen on here who have had their "tax experts" tell them the wrong filing advice, telling them to file single? I wouldn't trust any of them. I'll just stick with TurboTax's automated forms by myself! 😂

[RaRachel 7]

Do you people get off on being rude? What is your problem? 

Edited December 15, 2019 by Rachel & Khairy