Filed single on tax return

[livindadream 156]

A month ago I filed my tax return and filed 'single'. I'm self employed and the only income listed was that of the self employment. I didn't want to mail in the return writing NRA on the line where my husbands social is supposed to be (because I didn't think it would be processed in time for the interview) and I read that it takes a long time to get an ITIN. He will be interviewing in a couple months and I'm wondering if the embassy (going through Nigeria) is going to hold the "single" filing against us. My AGI is 21,000-ish after expenses which meets the 125% above poverty for a household of 2 (my husband and I) and I'm going to have a co-sponsor whose income is 34,000-ish (just him, no dependents) just incase they get picky with my own. Could we be denied because I filed single? I could file an amended return I suppose, but I don't know if he'd have the transcript to take to the interview...maybe only the copy of the printed out amended one? Any suggestions or insight will be appreciated. ...especially those who have gone through Nigerian Embassy with the same situation. Thankssss

[NigeriaorBust 4,087]

Yes you have told a government agency that you are single which you are not and signed the document attesting that your have not lied. Amend the return now.

[Hypnos 6,576]

If you were married on 31st December 2013 then your filing status is either married filing jointly or married filing singly. Intentionally using the wrong filing status is, technically, a federal crime (you certify that the information you provide to the IRS is correct, and yours wasn't). In addition, the embassy are going to want to know why your taxes say you are single when you are married. You're trying to get through what is perhaps the single most difficult US embassy in the world, so you really shouldn't be giving them anything they can use again you, as you have done.

Amend your taxes (through a 1040X filing) and do so immediately.

[Avery Cates 1,141]

A month ago I filed my tax return and filed 'single'. I'm self employed and the only income listed was that of the self employment. I didn't want to mail in the return writing NRA on the line where my husbands social is supposed to be (because I didn't think it would be processed in time for the interview) and I read that it takes a long time to get an ITIN. He will be interviewing in a couple months and I'm wondering if the embassy (going through Nigeria) is going to hold the "single" filing against us. My AGI is 21,000-ish after expenses which meets the 125% above poverty for a household of 2 (my husband and I) and I'm going to have a co-sponsor whose income is 34,000-ish (just him, no dependents) just incase they get picky with my own. Could we be denied because I filed single? I could file an amended return I suppose, but I don't know if he'd have the transcript to take to the interview...maybe only the copy of the printed out amended one? Any suggestions or insight will be appreciated. ...especially those who have gone through Nigerian Embassy with the same situation. Thankssss

I would amend the return today. If Lagos sees you filed as single they'll likely deny the petition as not a bona fide relationship. It's a discrepancy between what you're claiming to them, (that you're married) that you really don't want, particularly for that embassy of all places.

[livindadream 156]

Ok, I figured this would be the case. Honestly I was so confused when it was time to file...I searched the forum here and read mixed answers on whether or not to file single or married and I then called HR Block and the guy there told me if my husband hasn't lived in my home (in the US where my primary residence is) then I could file as single. But the more I thought about it, the more I felt I made the wrong decision. I'm definitely doing the amended return right now!! Thanks for the advice!

[TYorke1 9]

Ok, I figured this would be the case. Honestly I was so confused when it was time to file...I searched the forum here and read mixed answers on whether or not to file single or married and I then called HR Block and the guy there told me if my husband hasn't lived in my home (in the US where my primary residence is) then I could file as single. But the more I thought about it, the more I felt I made the wrong decision. I'm definitely doing the amended return right now!! Thanks for the advice!

I think it is important to note, that while this subject has been debated to death on here, there has not been a single instance where a visa was denied on the basis of filing single instead of married. It has only ever been mentioned as speculation when a decision does not go the applicants way. I have never seen an instance where a CO has said "right, I am denying this visa because it says single on your spouses tax return", I have also never seen this reason stated in a NOIR (notice of intention to revoke) from USCIS. The only time I have seen it mentioned by a CO was in China and the CO asked for a written statement from the petitioner explaining it was a mistake. On top of all this, I have seen many dozens of applicants go to an interview in various countries with this mistake and get approved just fine.

Whilst I agree with the others in so much that you must file as married, and you definitley need to correct it using a 1040x, I can say with some confidence that this should be done to satisfy the IRS not immigration as immigration understand that this is a common mistake and will NOT deny outright because of this, but the IRS can and will take it much more seriously.

Thanks

[NigeriaorBust 4,087]

http://www.irs.gov/uac/What-is-My-Filing-Status%3F Block employees are almost any idiot who is willing to pay to take a quick training course to meet the minimum requirements. They are NOT skilled tax accountants. The 3 legal filings for a married person are Married filing joint , Married filing separately and in some cases single HEAD OF HOUSEHOLD ( spouse wasn't in US and you have a qualifying dependant ) Single is never a choice.

[pushbrk 12,824]

I think it is important to note, that while this subject has been debated to death on here, there has not been a single instance where a visa was denied on the basis of filing single instead of married. It has only ever been mentioned as speculation when a decision does not go the applicants way. I have never seen an instance where a CO has said "right, I am denying this visa because it says single on your spouses tax return", I have also never seen this reason stated in a NOIR (notice of intention to revoke) from USCIS. The only time I have seen it mentioned by a CO was in China and the CO asked for a written statement from the petitioner explaining it was a mistake. On top of all this, I have seen many dozens of applicants go to an interview in various countries with this mistake and get approved just fine.

Whilst I agree with the others in so much that you must file as married, and you definitley need to correct it using a 1040x, I can say with some confidence that this should be done to satisfy the IRS not immigration as immigration understand that this is a common mistake and will NOT deny outright because of this, but the IRS can and will take it much more seriously.

Thanks

All the above is correct except the "but the IRS can and will take it much more seriously". Show me any evidence you have regarding the IRS going after a taxpayer in any way for overpaying their taxes. Now, if an IRS employee filed with the wrong status, that's a different animal.

[mdzcpa 58]

As a CPA and tax attorney for the last 26 years, I can tell you that filing single when you should have filed Married (joint or separately) or Head of Household will NOT get you into trouble with the IRS. Technically yes, Single is incorrect. And I suggest you amend the return. But I would not do so out of fear of serious repercussion from the IRS. In 26 years of practice I have never seen anyone penalized via audit or review for overpaying taxes. Any errors or omissions that result in the overpayment of taxes, including Taxpayer Status, are not pursued. I can also tell you as a fact that the IRS has not been allocated budget for the identification and rectification of tax overpayment in the last 25 years.

From a tax point of view, I would wait until your spouse is here in the USA with a SSN then file and amended 1040 and get yourself a nice refund. If you are concerned about immigration you can certainly file a 1040X now as married filing separately and write NRA in the SSN field. Although I have also never heard of any visa denials based on Single status on the ax returns, there may be a question asked, so its up to you if you want to amend now.

In any event, if you choose to wait to amend to Married Jointly when your spouse is here,I can tell you the IRS will not blink an eye. You have over paid your taxes as Single and they will not waste one penny on contacting you over this matter.

Edited for clarification.

Edited May 1, 2014 by mdzcpa

[livindadream 156]

As a CPA and tax attorney for the last 26 years, I can tell you that filing single when you should have filed Married (joint or separately) or Head of Household will NOT get you into trouble with the IRS. Technically yes, Single is incorrect. And I suggest you amend the return. But I would not do so out of fear of serious repercussion from the IRS. In 26 years of practice I have never seen anyone penalized via audit or review for overpaying taxes. Any errors or omissions that result in the overpayment of taxes, including Taxpayer Status, are not pursued. I can also tell you as a fact that the IRS has not been allocated budget for the identification and rectification of tax overpayment in the last 25 years.

From a tax point of view, I would wait until your spouse is here in the USA with a SSN then file and amended 1040 and get yourself a nice refund. If you are concerned about immigration you can certainly file a 1040X now as married filing separately and write NRA in the SSN field. Although I have also never heard of any visa denials based on Single status on the ax returns, there may be a question asked, so its up to you if you want to amend now.

In any event, if you choose to wait to amend to Married Jointly when your spouse is here,I can tell you the IRS will not blink an eye. You have over paid your taxes as Single and they will not waste one penny on contacting you over this matter.

Edited for clarification.

Thank you for your reply. I figured as much about the IRS coming after me for actually paying too much! Im certainly not doing myself any financial favors by filing single. I just worry about immigration and the interview since we'll be going through such a difficult embassy. They will most likely scrutinize anything and everything so all and all I better mail off the 1040X. Thanks again for your insight!

[Married4Life13 38]

I filed my taxes at Jackson Hewitt and they insisted that filing single was correct because my hubby doesn't have a SSN.

[Hypnos 6,576]

Then they're idiots.