Should I amend my tax return for 2021

[Mr. Mayur 0]

How should I file my 2022 tax retrun? should it be Married filing jointly or Separately ? will my spouse get trouble getting IR1

I'm a U.S Citizen and got married to Indian Citizen on Jan 2021, My spouse Immigration file is still in process on IR1 visa status with USCIS/NVC. we're are expecting that it will take 2 more months to get an interview appointment from NVC. My accountant have filed 1040 individual tax return of mine for year 2021 as I forgot to mention him that my status got changed from single to married. Currently while filing for 2022 I don't want to repeat that mistake and want to make sure what will be the correct way to file return for 2022? and will my spouse get questioned on my 2021 tax filing status as I was married but on tax return it showed individual filing.

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Tax & Finances During US Immigration ***

 

[TVQT1993 20]

Yes you should amend your 2021 Form 1040 since it's got an invalid filing status and needs to be married filing jointly or married filing separately. Your accountant should be able to advise you of the pros and cons of each. In my case, my wife wasn't working so our worldwide income was essentially just my income, and MFJ resulted in a tax benefit.

 

edit: And yes, your spouse probably would get questioned about why your tax return status is inconsistent with your married status.

Edited June 5, 2023 by TVQT1993

[JeanneAdil 6,539]

MFJ or MFS   either one

MFJ you need to follow IRS site for ITIN for non resident alien spouse

its worth MFJ as it means an extra $12950 deduction but this is your choice

 

Single; Married Filing Separately	$12,950
Married Filing Jointly & Surviving Spouses	$25,900

 

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

 

and tax returns for 2022 were due last April unless u did an extension till October (15 th is on Sunday so they would be due 16th)

[Mr. Mayur 0]

17 hours ago, JeanneAdil said:

MFJ or MFS   either one

MFJ you need to follow IRS site for ITIN for non resident alien spouse

its worth MFJ as it means an extra $12950 deduction but this is your choice

 

Single; Married Filing Separately	$12,950
Married Filing Jointly & Surviving Spouses	$25,900

 

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

 

and tax returns for 2022 were due last April unless u did an extension till October (15 th is on Sunday so they would be due 16th)

Yes i did filed an extension.