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CJH

Married 9/19 (to K1) filed 2019 taxes as single...

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So my accountant filed my taxes for 2019 as single. I got married in September 2019 to my now husband who came on a K1. He didn’t have a SSN or ITIN until March of this year. 
 

Will this be a big problem for my 2020 filing or his AOS?

 

also do we need to file jointly? Lawyer recommended that we do. 

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Filed: AOS (apr) Country: Germany
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What your accountant did was wrong. You got married in 2019 so you should have filed married. You probably need to figure that out and change it. Filing jointly or separately is your own choice. Many decide what they do by looking into what's the better outcome.

 

Edit: that you filed single is definitely a problem for the IRS and the USCIS might question it aswell. 

Edited by Letspaintcookies

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Filed: Citizen (apr) Country: England
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7 hours ago, CJH said:

So my accountant filed my taxes for 2019 as single. I got married in September 2019 to my now husband who came on a K1. He didn’t have a SSN or ITIN until March of this year. 
 

Will this be a big problem for my 2020 filing or his AOS?

 

also do we need to file jointly? Lawyer recommended that we do. 


Your accountant isn’t very good, so you should have a talk with him. Did you tell him you were married? If not, then your fault. Will anybody notice you filed wrong? Probably not. At the IRS. A computer accepts your return and a human probably never views it. Does the IRS check everybody’s marital status? No. It is still wrong and could be amended. Do you have to file jointly? No, but you would have paid less taxes and gotten a stimulus payment for your wife if your income is below the stimulus threshold.
 

My personal opinion on USCIS is they aren’t tax people.They are looking at your income, not if you filed correctly.

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Filed: F-2A Visa Country: Guatemala
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USCIS does not required AOS The NVC does.

 

NVC is not really looking at your filling status they just care about your income, but you could have problems with the IRS in the future. Your best option is to amend it.

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Filed: Citizen (apr) Country: England
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32 minutes ago, MarlinCobon said:

USCIS does not required AOS The NVC does.

Confusion with acronyms here.  The person in this thread applied to USCIS  for Adjustment of Status (AOS) from a K1 fiancé visa. In this thread AOS does not mean affidavit of support.  

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