CPA put wrong filing status for 2021 tax year

[roughlyworried 5]

Title says it all. My CPA filed me as single even though I’m married. My understanding is that even if your spouse isn’t an LPR or citizen you need to file as married filing separately. Now I can get the amended tax return, but IRS is currently taking 4 months to process them and my time to file for NVC will like come sooner. And if I do amend it, I assume I can’t use the old one to file for NVC sooner…. Anyways, is it worth it to Amend? Would the NVC dislike/and or care that I filed as single even though I’m literally going through this process married?
 

Also, the most important part is with the consulate when they review the I-864 documents and financial documents and see that I’m separating myself on paper from her in my taxes? In my mind I could easily see this becoming a reason for them to think the relationship isn’t bona fide, although I will probably have a joint sponsor of some sort.

Edited September 7, 2022 by Kyl123

[SteveInBostonI130 3,467]

Both the embassy and the IRS cares that you file correctly.  MFS.  Amend your tax return.

[roughlyworried 5]

7 minutes ago, SteveInBostonI130 said:

Both the embassy and the IRS cares that you file correctly.  MFS.  Amend your tax return.

Understood. It’s a 1040.When it comes to giving to the correct form to the NVC, would you know if I can just submit the document I submit to the IRS or I need a different form the IRS would send me after the process a 1040?

[Crazy Cat 41,975]

I would amend my taxes.  I have never seen anyone report an interview issue for incorrect filing status. It is a tax issue. Good luck. 

[Crazy Cat 41,975]

Just now, Kyl123 said:

if I can just submit the document I submit to the IRS or I need a different form the IRS would send me after the process a 1040?

Sending a copy of the complete 1040 package instead of a transcript is acceptable.  The IRS does not typically send you a document after tax processing.  

[roughlyworried 5]

4 minutes ago, Crazy Cat said:

Sending a copy of the complete 1040 package instead of a transcript is acceptable.  The IRS does not typically send you a document after tax processing.  

So I would just send the NVC what I send the IRS? It would be a 1040-X.

[roughlyworried 5]

57 minutes ago, SteveInBostonI130 said:

Both the embassy and the IRS cares that you file correctly.  MFS.  Amend your tax return.

You said MFS (married filing separately). Is that the only option with a foreign spouse? Is it possible to do married filing jointly? I imagine she would have to prove her income too then…if so, that would be a headache with foreign income. I’m not familiar with anything to do with taxes, so any help would be appreciated.

 

Thanks!

[Crazy Cat 41,975]

1 minute ago, Kyl123 said:

Is it possible to do married filing jointly?

Only if the foreign spouse has either an SSN or ITIN.

[Crazy Cat 41,975]

1 minute ago, Kyl123 said:

I imagine she would have to prove her income too then

Nope.  Income can be just listed....does not to have proof unless audited by the IRS.

[SteveInBostonI130 3,467]

4 minutes ago, Kyl123 said:

You said MFS (married filing separately). Is that the only option with a foreign spouse? Is it possible to do married filing jointly? I imagine she would have to prove her income too then…if so, that would be a headache with foreign income. I’m not familiar with anything to do with taxes, so any help would be appreciated.

 

Thanks!

 

There is a more complicated method, which involves you getting your wife an ITIN with form W7.  For that, you will need to submit a certified copy of her passport - and the certified copy has to come from the document's originator.  I.E., the Chinese government.  That process will take a while and may need more documents.

 

The best approach is to amend your taxes now, then after your wife immigrates amend it again as MFJ with her brand new SSN.

Edited September 7, 2022 by SteveInBostonI130

[roughlyworried 5]

5 minutes ago, Crazy Cat said:

Only if the foreign spouse has either an SSN or ITIN.

She does not have either. And I’m thinking it would be a bad idea to try and get an ITIN for her just before NVC processing as they might see it as contriving evidence?

 

Last question, does the NVC/consulate accept 1040-X returns? I can’t find any info on it. If so, do I need to submit the original 1040 along with a letter explaining the change or just the 1040-X? 
 

Im currently still in USCIS processing, but just gathering up documents beforehand to be ready.

Edited September 7, 2022 by Kyl123

[Crazy Cat 41,975]

Just now, Kyl123 said:

She does not have either. And I’m thinking it would be a bad idea to try and get an ITIN for her just before NVC processing as they might see it as contriving evidence?

 

Last question, does the NVC/consulate accept 1040-X returns? I can find any info on it. If so, do I need to submit the original 1040 along with a letter explaining the change or just the 1040-X? 
 

Im currently still in USCIS processing, but just gathering up documents beforehand to be ready.

See @SteveInBostonI130's advice above regarding amending.  I don't remember if a 1040X contains W2's, 1099s, etc.  I would send both tax packages. 

[JeanneAdil 6,539]

https://www.irs.gov/instructions/iw7

Read it

 

passport is a "stand alone document"  meaning no other Id is needed if u use that

marriage certificate is needed when doing W7

 

but there is a whole list of other documents that can be used (2 of them are needed and one must have a photo ID)along with the ma

u do not have to include foreign income if doing MFS

MFJ include income amount and use form 2555 to exclude up to $108,700 for 2021

Edited September 7, 2022 by JeanneAdil

[roughlyworried 5]

26 minutes ago, JeanneAdil said:

https://www.irs.gov/instructions/iw7

Read it

 

passport is a "stand alone document"  meaning no other Id is needed if u use that

marriage certificate is needed when doing W7

 

but there is a whole list of other documents that can be used (2 of them are needed and one must have a photo ID)along with the ma

u do not have to include foreign income if doing MFS

MFJ include income amount and use form 2555 to exclude up to $108,700 for 2021

Don’t think I’ll be filing jointly because of the complication and time it would take. Most likely separately, which would mean doing a W7 is irrelevant correct?

[AfroKing 48]

9 hours ago, Kyl123 said:

Title says it all. My CPA filed me as single even though I’m married. My understanding is that even if your spouse isn’t an LPR or citizen you need to file as married filing separately. Now I can get the amended tax return, but IRS is currently taking 4 months to process them and my time to file for NVC will like come sooner. And if I do amend it, I assume I can’t use the old one to file for NVC sooner…. Anyways, is it worth it to Amend? Would the NVC dislike/and or care that I filed as single even though I’m literally going through this process married?
 

Also, the most important part is with the consulate when they review the I-864 documents and financial documents and see that I’m separating myself on paper from her in my taxes? In my mind I could easily see this becoming a reason for them to think the relationship isn’t bona fide, although I will probably have a joint sponsor of some sort.

I was at this point few months ago. Opinions vary on this topic but i looked at the issue from a very realistic angle. TAX status and the Consulate are different entities and departments and won't meddle with each other's affairs. A tax even when filed wrongly, can be amended up to certain years, so why will a Consular do the work of the IRS.

 

They look at cases based on their respective uniqueness. If spouses lived in the same country, it might be expected that they file a joint Tax but they can choose not to since in life, realistically, we all have different strength in financial discipline and have the right and option not to file together. A wrongly filed tax will not affect the consular decision of a case, there are tons of other evidences that are broadly examined, in uniqueness to the circumstances.

 

I was trying to get my passport and ID sent to my wife through courier and they lost my documents for two weeks!! Besides, with the timeline of things, to get ITIN and all that is such a pain. 

 

My wife filed as single for the last tax year, that gave us the time to jump right into NVC and we got approved in 62 days, no RFE.  She will file the next one as MFS since we've got time for IRS to get the papers ready due to the backlog at the Embassies. She will amend the ones wrongly filed before the time stipulated by IRS law passes by.

 

Now, there's the law, but discretion continue where the law stops. Many things are on paper but drags you back if discretion isn't applied.

 

Goodluck