Filed as Single on 2020 Tax return help

[peach.ki 0]

This may be a dumb question....

 

So I filed as single on my 2020 tax returns because I thought our marriage isnt recognized in the US??

(But we have been married in South Korea since 04/01/2019) 

It was approved but I am thinking of amending it and changing it to Married but separately filing??

I'm afraid it will effect our visa interview if I filed Single on my tax return transcripts... please help.  

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

 

 

 

 

[HRQX 4,145]

8 minutes ago, peach.ki said:

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

Yes, you are married since 04/01/2019. https://fam.state.gov/fam/09FAM/09FAM010208.html "Law of Place of Celebration Controls: The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below). If the marriage was properly and legally performed in the place of celebration and legally recognized, then the marriage is deemed to be valid for visa adjudication purposes. Any prior marriage, of either party, must be legally terminated before the later marriage."

Edited March 18, 2021 by HRQX

[aaron2020 11,651]

Since your marriage was legal where it took place, the US recognized that you are married since 4/1/2019.  Whoever told you that the US does not recognized you as married is wrong.  To file the I-130, you had to produce a marriage certificate to show that you were in fact married as of 4/1/2019.  

Many people have made the mistake that you've made by filing as single when they were really married.  This should affect your CR-1 spousal visa application.

 

For 2019 and 2020, you should have filed as married.  If you amend your returns to file separately, you will owe taxes.  Consider married filing jointly - you would have to include your spouse's income and obtain an ITIN - check with a qualified accountant.  

[payxibka 10,044]

22 minutes ago, peach.ki said:

This may be a dumb question....

 

So I filed as single on my 2020 tax returns because I thought our marriage isnt recognized in the US??

(But we have been married in South Korea since 04/01/2019) 

It was approved but I am thinking of amending it and changing it to Married but separately filing??

I'm afraid it will effect our visa interview if I filed Single on my tax return transcripts... please help.  

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

 

 

 

 

The filing of taxes as a single person. while an error and a lapse of judgment,  should NOT have any affect on the visa 

[peach.ki 0]

11 minutes ago, payxibka said:

The filing of taxes as a single person. while an error and a lapse of judgment,  should NOT have any affect on the visa 

Our Visa interview is April 5th. And I dont have access to amend until March 25th. If  my tax transcript is not available by April 5th... should I just turn in my unfixed transcript in the interview? 

[peach.ki 0]

30 minutes ago, aaron2020 said:

Since your marriage was legal where it took place, the US recognized that you are married since 4/1/2019.  Whoever told you that the US does not recognized you as married is wrong.  To file the I-130, you had to produce a marriage certificate to show that you were in fact married as of 4/1/2019.  

Many people have made the mistake that you've made by filing as single when they were really married.  This should affect your CR-1 spousal visa application.

 

For 2019 and 2020, you should have filed as married.  If you amend your returns to file separately, you will owe taxes.  Consider married filing jointly - you would have to include your spouse's income and obtain an ITIN - check with a qualified accountant.  

Our Visa interview is April 5th. And I dont have access to amend until March 25th. If  my tax transcript is not available by April 5th... should I just turn in my unfixed transcript in the interview and explain that I am fixing it?

[payxibka 10,044]

5 hours ago, peach.ki said:

Our Visa interview is April 5th. And I dont have access to amend until March 25th. If  my tax transcript is not available by April 5th... should I just turn in my unfixed transcript in the interview? 

What else can you do?

[retheem 553]

It will not have any effect on your visa. it is an IRS issue, not an IMMMIGRATION issue.

[aaron2020 11,651]

8 hours ago, peach.ki said:

Our Visa interview is April 5th. And I dont have access to amend until March 25th. If  my tax transcript is not available by April 5th... should I just turn in my unfixed transcript in the interview and explain that I am fixing it?

This is a common mistake.  Just explain to the US Embassy that you made a mistake.

 

If you received unemployment benefits in 2020, the IRS is recommending that you hold off on amending your 2020 tax return.  The American Rescue Plan Act of 2021 retroactively made unemployment benefits in 2020 tax exempt.  Wait until your spouse immigrates to the US and gets a Social Security Number so you can file a joint tax return if that will get you a bigger refund.  It may be worth the money to get professional help.

[mushroomspore 3,043]

13 hours ago, peach.ki said:

This may be a dumb question....

 

So I filed as single on my 2020 tax returns because I thought our marriage isnt recognized in the US??

(But we have been married in South Korea since 04/01/2019) 

It was approved but I am thinking of amending it and changing it to Married but separately filing??

I'm afraid it will effect our visa interview if I filed Single on my tax return transcripts... please help.  

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

 

 

 

 

You can get it amended. Ask your tax accountant to file 1040X. Save the amended tax return that shows you as filing as Married. No effect on immigration. And what do you mean, "Is our relationship recognized before CR-1"?? If you are married, you are married, no matter which country the marriage took place in and no matter which country you decide to live or move to after the marriage.

Edited March 18, 2021 by mushroomspore

[payxibka 10,044]

The IRS doesn't care either.  What the IRS cares about is that a taxpayer pays the appropriate tax liability.   Single and MFS use the exact same tax rates.

[Rocio0010 5,565]

6 hours ago, retheem said:

It will not have any effect on your visa. it is an IRS issue, not an IMMMIGRATION issue.

Wrong. One of the evidences of financial commingling is having shared finances, so it could affect the visa if not taken care of properly.

[payxibka 10,044]

4 minutes ago, ra0010 said:

Wrong. One of the evidences of financial commingling is having shared finances, so it could affect the visa if not taken care of properly.

In all the years I have been on this site,  with countless hundreds of people being similarly situated.   The one common outcome is that there has never been a report of this situation causing an issue with the visa approval 

Edited March 18, 2021 by payxibka

[SalishSea 16,771]

15 hours ago, peach.ki said:

This may be a dumb question....

 

So I filed as single on my 2020 tax returns because I thought our marriage isnt recognized in the US??

(But we have been married in South Korea since 04/01/2019) 

It was approved but I am thinking of amending it and changing it to Married but separately filing??

I'm afraid it will effect our visa interview if I filed Single on my tax return transcripts... please help.  

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

 

 

 

 

If it wasn't "recognized" in the US, how would it be valid for US immigration......?

[aaron2020 11,651]

 

2 hours ago, ra0010 said:

Wrong. One of the evidences of financial commingling is having shared finances, so it could affect the visa if not taken care of properly.

Second.

In all the years on VJ, no one has ever been denied a spousal visa for erroneously filing tax returns as single.  

 

This is a common problem. 

Personally, I would wait until the spouse immigrates to the US and gets a SSN.  Then go talk to a qualified account to amend the tax return and see whether filing MFS or MFJ would result in the lowest tax liability and largest refund.  

Edited March 18, 2021 by aaron2020