interview LISTED AS SINLGE IN HIS TAX RETURNS - IS THAT A PROBLEM FOR THE IR-1 INTERVIEW?

[MLGood 9]

Hello!

 

My husband went to make his taxes for 2021, because I will need it to show to the consular officer. He got it done, but he is listed as "single". He told me that they weren't able to file for him as married because I don't have a SS number. So, don't have my name on it. Is that correct? Is it acceptable for immigration purposes if he's listed as single? Sorry I don't understand anything about tax returns etc. 

Our interview date is coming and I don't know if it is correct. If it's not, he will need to do it again as soon as possible! Please help! Thank you!

[Crazy Cat 39,808]

9 minutes ago, MLGood said:

He told me that they weren't able to file for him as married because I don't have a SS number.

Nope.  He can file as married-filing separately, with only your name......He cannot legally file as single if he is married....period.

Edited April 5, 2022 by Crazy Cat

[Crazy Cat 39,808]

This is an IRS issue...not an immigration issue. 

[Crazy Cat 39,808]

***Moved to Tax and Finances During US Immigration***

[MLGood 9]

4 minutes ago, Crazy Cat said:

Nope.  He can file as married-filing separately, with only your name......He cannot legally file as single if he is married....period.

I thought it was strange to be listed as single if we are married. 

And he was worried about doing something illegal if he put my name on it (because the person that did it for him said that) and actually, he did something illegal by not mentioning my name and saying that he was single. THANK YOU FOR THE INFORMATION! 

By the way, he went to H&R Block. 

4 minutes ago, Crazy Cat said:

***Moved to Tax and Finances During US Immigration***

thank you!

[Crazy Cat 39,808]

Just now, MLGood said:

I thought it was strange to be listed as single if we are married. 

And he was worried about doing something illegal if he put my name on it (because the person that did it for him said that) and actually, he did something illegal by not mentioning my name and saying that he was single. THANK YOU FOR THE INFORMATION! 

By the way, he went to H&R Block. 

He can amend his taxes.  It shouldn't affect your interview.

[Wuozopo 4,289]

15 minutes ago, MLGood said:

My husband went to make his taxes for 2021, because I will need it to show to the consular officer. He got it done, but he is listed as "single". He told me that they weren't able to file for him as married because I don't have a SS number. So, don't have my name on it. Is that correct? Is it acceptable for immigration purposes if he's listed as single? Sorry I don't understand anything about tax returns etc. 

The immigration officer probably won’t even look at that. They are interested in his income. And he probably doesn’t know much about taxes either so your story of what the tax service told him will likely sound good to him, even though it is actually wrong. 

[SalishSea 16,974]

22 minutes ago, Wuozopo said:

The immigration officer probably won’t even look at that. They are interested in his income. And he probably doesn’t know much about taxes either so your story of what the tax service told him will likely sound good to him, even though it is actually wrong. 

I would think that commissioned consular officers have at least a cursory grasp of very basic US tax law, such as filing status.  

[JeanneAdil 6,289]

8 minutes ago, Jorgedig said:

I would think that commissioned consular officers have at least a cursory grasp of very basic US tax law, such as filing status.  

they do and some look for filing married (separate or joint) for futher proof of relationship

 

send this site to your husband as it clearly explains how to add spouse to taxe returns even when the spouse lives outside the US (nonresident)

 

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

[Wuozopo 4,289]

1 hour ago, Jorgedig said:

I would think that commissioned consular officers have at least a cursory grasp of very basic US tax law, such as filing status.  

The trained tax service didn’t know. I have seen others with this same problem and it wasn’t even brought up at the interview is why I think it’s quite possible that if the NVC passed on this, the officer may glance at the form and move on if the money is sufficient. The I-864 is primarily to find the sponsor adequate in income. They aren’t there to audit how the tax return was prepared. They aren’t IRS agents. It’s just an opinion and I can certainly understand that others may think the officer will go over every line.  I would try to bluff my way through it blaming it on the tax service as the only way to file if they notice and ask.

[JeanneAdil 6,289]

3 hours ago, Wuozopo said:

The trained tax service didn’t know. I have seen others with this same problem and it wasn’t even brought up at the interview is why I think it’s quite possible that if the NVC passed on this, the officer may glance at the form and move on if the money is sufficient. The I-864 is primarily to find the sponsor adequate in income. They aren’t there to audit how the tax return was prepared. They aren’t IRS agents. It’s just an opinion and I can certainly understand that others may think the officer will go over every line.  I would try to bluff my way through it blaming it on the tax service as the only way to file if they notice and ask.

for Europe no issue

for high fraud countries it can be if there is any doubt about  a real relationship 

some embassies want to see the couple have started to commingle fiances '/Irs transcrips as married is the start

[retheem 553]

7 hours ago, MLGood said:

Hello!

 

My husband went to make his taxes for 2021, because I will need it to show to the consular officer. He got it done, but he is listed as "single". He told me that they weren't able to file for him as married because I don't have a SS number. So, don't have my name on it. Is that correct? Is it acceptable for immigration purposes if he's listed as single? Sorry I don't understand anything about tax returns etc. 

Our interview date is coming and I don't know if it is correct. If it's not, he will need to do it again as soon as possible! Please help! Thank you!

Nah...you're good

[MSC2021 43]

My husband went to HR Block too and asked them to file married but filling separately because I’m overseas but they filed for him as single …. So he had to go back and ask to file a 1040 amended tax return to correct it. So yes… 

[Rocio0010 5,575]

2 hours ago, retheem said:

Nah...you're good

Based on what?

[Joyoussinger 1,418]

Why take the chance? He can't leave it that way and is going to have to file an amended return to correct it. Include that with your evidence for the interview.