Tax Returns, husband has never claimed me.

[pinayangelus 0]

hey guys, our interview is next week and i was wondering about my husbands tax returns.

we've been married since 2005 but he has never claimed me on his taxes. i've been an f-1 visa holder since 2005 and never worked, therefore we never thought of claiming me. do you think this is going to cause a problem for us, at our interview, will they ask questions. we already sent the 3 past years of my husbands tax returns with our initial evidence.

could he have been claiming me during these 4 past years we've been married, even if was just on an f-1 visa and i didnt have a ssn or wasnt working?

any insight please? thank you!

Edited October 1, 2009 by pinayangelus

[payxibka 10,045]

hey guys, our interview is next week and i was wondering about my husbands tax returns.

we've been married since 2005 but he has never claimed me on his taxes. i've been an f-1 visa holder since 2005 and never worked, therefore we never thought of claiming me. do you think this is going to cause a problem for us, at our interview, will they ask questions. we already sent the 3 past years of my husbands tax returns with our initial evidence.

could he have been claiming me during these 4 past years we've been married, even if was just on an f-1 visa and i didnt have a ssn or wasnt working?

any insight please? thank you!

yes, he could have been including you for at least for some of those previous years, if not all... You could have in absence of a SSN gotten an ITIN....

[pinayangelus 0]

oh ok i see, well lol i guess i'll just have to wait until i get my SSN because i applied for it last week.

just curious, what is an ITIN and where would i have gotten one?

also am i correct in saying that since i will get my SSN very soon, my husband is still able to refile taxes for the last 3 years?

hey guys, our interview is next week and i was wondering about my husbands tax returns.

we've been married since 2005 but he has never claimed me on his taxes. i've been an f-1 visa holder since 2005 and never worked, therefore we never thought of claiming me. do you think this is going to cause a problem for us, at our interview, will they ask questions. we already sent the 3 past years of my husbands tax returns with our initial evidence.

could he have been claiming me during these 4 past years we've been married, even if was just on an f-1 visa and i didnt have a ssn or wasnt working?

any insight please? thank you!

yes, he could have been including you for at least for some of those previous years, if not all... You could have in absence of a SSN gotten an ITIN....

[visacheck 3]

ITIN means individual taxpayer identification number. This is issued by the IRS to individuals who do not have SSN in order to file or be included in tax returns. It can only be used for tax purposes. ITINs are given regardless of immigration status.

I applied for ITIN when my wife included me in her tax return coz at that time i didnt have SSN yet.

[Kittykisses73 1]

They will question it. When we went for our interview, they questioned why I had not claimed my husband (of less than a year) why I didn't claim him. I was able to show where I ammeneded my tax return once my husband got his social security number, and because I had that the IO was ok with it. But I do believe it raises red flags, because they are big on the CO-mingling of things.

The other number that they mentioned is a number like a tax Id number for sole purpose of filing a spouse who does not have a ss#. We didn't realize that was a possibility, but we had filed the ammended return and that seemed to make her happy.

Good Luck

[Pabs 0]

If you get married after April 15th and you apply for your spouse's green card later in the same year... Are you supposed to ammend your taxes also?

Thanks!

[payxibka 10,045]

If you get married after April 15th and you apply for your spouse's green card later in the same year... Are you supposed to ammend your taxes also?

Thanks!

no, because you would not have been married on the last day of the tax year.... tax forms are filed in arrears

[Darnell 8,478]

Pabs - filing taxes is/are 'Year Specific'.

If you were married anytime in 2008, then the two of you could file 'married filing jointly' for the Tax Filing in 2009.

If you were married in 2009, then there's no legal basis to file an amended return - there's nothing to amend.

Now, for Tax Year 2009, filed in 2010, if you married in 2009, then he would file a NEW return , showing status as 'married filing jointly'.

Now, if he is required to file quarterly returns, ignore the above advice. File the amended returns for the quarters you've been married, then for the next quarterly return, file a new return with status as 'married filing jointly' .

PinayAngelus - sorry, I smell a big red flag. Is there ANY co-mingling of financial matters? a lease in both names, a joint credit card account, a joint bank account, a deed in both names?

[payxibka 10,045]

Now, if he is required to file quarterly returns, ignore the above advice. File the amended returns for the quarters you've been married, then for the next quarterly return, file a new return with status as 'married filing jointly' .

Huh? Quarterly individual income tax returns?

[pinayangelus 0]

Darnell... Of course that is not a problem, we have been living together since 2005 we have other joint financial matters a lot of what you just asked, credit cards, accounts, cars and so forth. I was just wondering about the tax returns because up until now (after I filed for AOS) I had no SSN and we had no idea that we could file any other way, as per what my husbands tax man said. I was an f-1 visa holder and you aren't allowed to work, so we thought there's no point filing. We never knew there were any benefits to filing.

Well I should be receiving my SSN any day now, so we're going to his tax guy to ammend my husbands taxes.

Pabs - filing taxes is/are 'Year Specific'.

If you were married anytime in 2008, then the two of you could file 'married filing jointly' for the Tax Filing in 2009.

If you were married in 2009, then there's no legal basis to file an amended return - there's nothing to amend.

Now, for Tax Year 2009, filed in 2010, if you married in 2009, then he would file a NEW return , showing status as 'married filing jointly'.

Now, if he is required to file quarterly returns, ignore the above advice. File the amended returns for the quarters you've been married, then for the next quarterly return, file a new return with status as 'married filing jointly' .

PinayAngelus - sorry, I smell a big red flag. Is there ANY co-mingling of financial matters? a lease in both names, a joint credit card account, a joint bank account, a deed in both names?

[Hoot 0]

You should file an amended tax return ASAP. I would go to an accountant and prepare amended returns for 2006, 2007, and 2008. It would be very helpful to have filed these tax returns by the time you have your interview. If you just explain to the CO that you were not aware of the ability to file the returns you should be fine. Also - from a technical perspective - if the IRS knew about your marriage - they would revise your returns married filing seperately and charge you more taxes. By amending the tax returns, instead you will get a significant refund.

When you send in the tax returns you will either need to use your social or apply for an ITIN. An ITIN is a temporary number used in place of the social for people filing tax returns when their spouse does not have a socila yet. You will need to sign form W-7, attach a notarized copy of your passport, attach a statement agreeing to be taxes on your worldwide income, and the return has to be mailed to a specific IRS location in Texas. Your accountant can help you with that - or - in 1 week you can use your social and avoind the ITIN.

Hoot n Dolly

[rin and john 71]

You should file an amended tax return ASAP. I would go to an accountant and prepare amended returns for 2006, 2007, and 2008. It would be very helpful to have filed these tax returns by the time you have your interview. If you just explain to the CO that you were not aware of the ability to file the returns you should be fine. Also - from a technical perspective - if the IRS knew about your marriage - they would revise your returns married filing seperately and charge you more taxes. By amending the tax returns, instead you will get a significant refund.

When you send in the tax returns you will either need to use your social or apply for an ITIN. An ITIN is a temporary number used in place of the social for people filing tax returns when their spouse does not have a socila yet. You will need to sign form W-7, attach a notarized copy of your passport, attach a statement agreeing to be taxes on your worldwide income, and the return has to be mailed to a specific IRS location in Texas. Your accountant can help you with that - or - in 1 week you can use your social and avoind the ITIN.

Hoot n Dolly

Pinayangelus - Follow this advice! Depending on your spouses income, you stand to get substantial refunds by submitting amended returns (as hoot said you can go back 3 years from original filing date - see http://www.irs.gov/taxtopics/tc308.html). I filed an amended return last year for 2006 as I had neglected to claim Rin's children - got an additional $5,000 back!

You do not need to have a SSN - an ITIN can be obtained - http://www.irs.gov/individuals/article/0,,id=96287,00.html, or once you have a SSN, file amended returns using it. Financially, it will be well worth the effort!

Tax thread from earlier this year that may help you:

http://www.visajourney.com/forums/index.php?showtopic=170514

John

[pinayangelus 0]

hey guys another question about getting taxes ammended.

i just got my SSN and it says here "valid for work only with DHS authorization", can my husband still get his taxes ammended to include me? because i was told that my SSN was not going to change, even after i get my GC. and i would like to have some extra evidence to bring with us to our interview next week.

thanks again!

[visacheck 3]

hey guys another question about getting taxes ammended.

i just got my SSN and it says here "valid for work only with DHS authorization", can my husband still get his taxes ammended to include me? because i was told that my SSN was not going to change, even after i get my GC. and i would like to have some extra evidence to bring with us to our interview next week.

thanks again!

Talk to your husbands accountant asap about the tax ammendments for the last 3 years.

The annotation on your SS card only means you need EAD in order to work. When you get your greencard you wont be needing the EAD anymore.

[Cloudy9 11]

hey guys another question about getting taxes ammended.

i just got my SSN and it says here "valid for work only with DHS authorization", can my husband still get his taxes ammended to include me? because i was told that my SSN was not going to change, even after i get my GC. and i would like to have some extra evidence to bring with us to our interview next week.

thanks again!

Talk to your husbands accountant asap about the tax ammendments for the last 3 years.

The annotation on your SS card only means you need EAD in order to work. When you get your greencard you wont be needing the EAD anymore.

Your SS# is yours for life but when you get your greencard you will want to refile with SS to get the wording off your card so they know you are now a Perm resident. The same would then apply when you naturalize, you refile with SS so that they can update their records showing you are a US citizen.