Question about Taxes for AOS applicants

[Roslilspaniel 0]

How do the spouse of a K-1 immigrant file taxes? Married? Single?

The problem is that my husband arrived here in 2005, and due to many problems we could only start the AOS process in September, 2007. They asked for last 3 years of taxes, and we sent those of 2005, 2006 and 2007. However, for 2006 and 2007, I filled taxes as single, which was the option that was given, since my husband does not have a SSN or EAD yet. Did I do wrong? Should we have filled jointly? If so, how? Will that create issues for his pending AOS?

Clear Skies

Thanks

[kim&james 0]

Did you file married filing single or just single? If married filing single you should not have a problem that is an option that all of us have but did your husband also file married filing single? He could have gotten a ITIN for tax purposes. Three years here without filing taxes could be a bit iffy.

A chat with a tax consultant might be advantageous first.

[reach449 2]

How do the spouse of a K-1 immigrant file taxes? Married? Single?

The problem is that my husband arrived here in 2005, and due to many problems we could only start the AOS process in September, 2007. They asked for last 3 years of taxes, and we sent those of 2005, 2006 and 2007. However, for 2006 and 2007, I filled taxes as single, which was the option that was given, since my husband does not have a SSN or EAD yet. Did I do wrong? Should we have filled jointly? If so, how? Will that create issues for his pending AOS?

Clear Skies

Thanks

As long as you are married you can file jointly...you don't have to file single. As the previous reply said, you can file married filing single, but obvious the tax advantage is better jointly, (in most cases). Your spouse dose not need a social security number to file, just a tax ID.

If your husband recieved a W-2 for any of the years you were married and you only filed single, there could be a problem and I would suggest also to see a tax person. If there was no recordable income for your jusband, then this should not affect your AOS.

The bottom line is: if he doesn't show any income for those years, I really don't believe it should be a problem. He is not required to work to live here and be married to you. YOU ARE, however, required to show income above poverty guidelines to support him. The interviewer might have some questions about why he hasn't worked for those years though. I think you will be OK. Good luck.

Reach449

Edited April 6, 2008 by reach449

[motu 6]

I assume your husband does have a SSN now. You can file 'amended' returns and file as 'Married filing jointly' - you should get money back! So, do it and then you can use the copies of the amended returns for the AOS filing and interview etc. You donot need a tax attorney unless you are scared of taxes - a local H&R block or Jackson Hewitt etc. can do it also for you. Good Luck