Tax Returns, husband has never claimed me.

[pinayangelus 0]

thank you to everyone who replied.

we just got back from my husbands tax guy... we werent able to ammend the last 2 (2006 and 2007) years because my husband wasnt making enough and basically if we would have ammended it we would have had to pay to get it ammended but get no benefits, but we were able to ammend this year's (2008) tax refund and get some benefits from it.

hopefully we can just explain this to the IO if it comes up!

Edited October 3, 2009 by pinayangelus

[Gary and Alla 3,694]

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 can claim you if you are married. Yes, they will probably ask questions about this.

[Gary and Alla 3,694]

thank you to everyone who replied.

we just got back from my husbands tax guy... we werent able to ammend the last 2 (2006 and 2007) years because my husband wasnt making enough and basically if we would have ammended it we would have had to pay to get it ammended but get no benefits, but we were able to ammend this year's (2008) tax refund and get some benefits from it.

hopefully we can just explain this to the IO if it comes up!

Except you would have received the benefit of a joint tax return to show for the AOS interview.

It would seem easy enough to do to file a 1040X all by his lonesome since nothing changes except filing status.

[Gary and Alla 3,694]

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!

What?

Tax status is established on the last day of the year, Dec. 31. If you are married on Decenber 31 you can file jointly. If you are not married on Dec. 31 you cannot. April 15 is the deadsline for filing for the PREVIOUS year. If you get married December 31, 2009, you claim "married, filing joint" for the entire year of 2009. If you get divorced on Dec. 31 you must file "single" for the entire year of 2009.

[Jamaican JNR 2]

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!

He should have been claiming you, however it will not work against you if the packet is put together the right way.

[rin and john 71]

thank you to everyone who replied.

we just got back from my husbands tax guy... we werent able to ammend the last 2 (2006 and 2007) years because my husband wasnt making enough and basically if we would have ammended it we would have had to pay to get it ammended but get no benefits, but we were able to ammend this year's (2008) tax refund and get some benefits from it.

hopefully we can just explain this to the IO if it comes up!

Hopefully your accountant included the tax credit you are due from last year's stimulus package (up to $600 for you and $600 for your husband - which he should already have received). http://www.irs.gov/newsroom/article/0,,id=179211,00.html

[Gary and Alla 3,694]

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!

He should have been claiming you, however it will not work against you if the packet is put together the right way.

If you are married and living in the USA, YES he could claim you. He can get a letter from the SS administration that you were not eligible for an SSN until you adjusted status. He would NOT be able to file taxes electronically, he would have to mail his return with a copy of the letter from the SS administration.

If they ask about it, they probably will, then claim ignorance. What else can you do? He probably paid a few thousand too much in taxes. He can also file amended returns for those years (he can go back 3 years) with a copy of the letter and your marriage certificate and an explanation he did not know what he was doing.

[payxibka 10,045]

If you are married and living in the USA, YES he could claim you. He can get a letter from the SS administration that you were not eligible for an SSN until you adjusted status. He would NOT be able to file taxes electronically, he would have to mail his return with a copy of the letter from the SS administration.

If they ask about it, they probably will, then claim ignorance. What else can you do? He probably paid a few thousand too much in taxes. He can also file amended returns for those years (he can go back 3 years) with a copy of the letter and your marriage certificate and an explanation he did not know what he was doing.

Gary,

Alien spouse living in the USA is not necessarily a requirement for filing a joint return.... A alien spouse living abroad can be included on a joint return

[pinayangelus 0]

it is true that we didnt know what we were doing, and never knew we can apply for a ITIN to be able to file tax returns together. however, i just recently got my SSN (EAD) and as i said before we only ammended 2008, because the tax guy said it wouldn't be beneficial to claim me for 2006 and 2007 because we wouldnt be getting anything back, my husband didn't make enough. but we'll go ahead and ammend them anyway tomorrow, as some extra proof for our case.

thanks guys!