I file income tax 1040 2019 status as single after married to

[Ed del Valle 0]

Hello Forum, I'm a US citizen and I married a Cuban national in July 12/2019 in Cuba, I had filled a I-130 in both her behalf and our minor child as well, they both are approved my USCIS, the child at this point only waiting appointment for consular interview , my wife is waiting total review of send paperwork from the NVC side.

 

Here is my questions, submitting copies of last income tax 2019, requested with Affivait of Support, I had filled the 1040 as single status, at the time I thought was the right choice, as my wife never live in US to be able to got either a SS# or ITIN # for her as requested in 1040, now I'm NOT so sure, can somebody tell me about this or explain.

And if wrong a potential impact at the Consular interview?

Thank you.

Edited February 2, 2021 by Ed del Valle

[Crazy Cat 39,226]

If you were married at the end of a tax year, you cannot legally file as "Single".  You should have filed as Married- Filing Separately or Head of Household (under certain conditions).  But,  I have not seen incorrect tax filing status create a problem for anyone during the interview.  

Edited February 2, 2021 by Lucky Cat

[Crazy Cat 39,226]

****Moved to Taxes and Finance During US Immigration as this is a tax matter, instead of an immigration concern****

[DiamondEyes490 126]

Since it is unlikely to cause an issue at your interview, I recommend that you amend your return to Married Filing Jointly wants your wife gets here and gets her SSN. I did that for 2 years' worth of taxes when my husband got here (noting that his income in Cuba was $0) and got quite the nice return both federally and from CA.

[Ed del Valle 0]

Thank you for you both responses, so I'm glad there is simple solution to the issue, Diamond do you remember if when filling your tax return with your Cuban husband what proof or income the IRS requested from him or lack of it?

Thank you again, regards.  

[Wuozopo 4,285]

2 hours ago, Ed del Valle said:

Thank you for you both responses, so I'm glad there is simple solution to the issue, Diamond do you remember if when filling your tax return with your Cuban husband what proof or income the IRS requested from him or lack of it?

Thank you again, regards.  

The IRS does not ask for any proof of income or lack of with your return. You report it and they expect you to be honest. 

[DiamondEyes490 126]

9 hours ago, Ed del Valle said:

Thank you for you both responses, so I'm glad there is simple solution to the issue, Diamond do you remember if when filling your tax return with your Cuban husband what proof or income the IRS requested from him or lack of it?

Thank you again, regards.  

As the other poster said, they don't ask for proof. (And given how informal most of the economy is in Cuba, not sure how you could even prove income accurately?)