MARRIED- FILED AS SINGLE

[marielac 7]

I married on 2011. i went to file my taxes last week and told the man that i got married but hes not working so i want to file "married filing jointly". he told me that i cannot do that since my husband isnt a us citizen. i told him that he is a legal alien with a ssn (k-1). he said it is not possible to claim him as a husband and that i must file single. he seemed to know what he was talking about so i listened to him and filed single. my refund is ok but ive been told the refund is better when you file married jointly considerimg he doesnt have a job yet. i dont want the irs on my back, what do i do? can i fix this when he gets his ead? a bigger refund is needed considering we are having our wedding ceremony soon and we also need to buy a car. his -94 is expired, it expired feb 4 so now were waiting on the aos. please someone advise me. thanks.

[Inky 1,111]

He LIED to you - we have file married joint ever since i moved here and got an SSN. I am a green card holder and did not work for 2 years and filed married joint with my husband every year.

You need to go to someone who actually knows what they are doing and have your taxes amended ( fixed ) to show the proper filing.

[marielac 7]

He LIED to you - we have file married joint ever since i moved here and got an SSN. I am a green card holder and did not work for 2 years and filed married joint with my husband every year.

You need to go to someone who actually knows what they are doing and have your taxes amended ( fixed ) to show the proper filing.

what tax preparer did you go to?

[Darnell 8,479]

well, one can't file joint, electronically, without 2 SSNs or 1 SSN and an ITIN from prior year usage -

suggest you chase after an ITIN, then submit all PAPER stuff into the special IRS intake address, listed in the W-7 form.

That's what my wife and I did recently for TY 2010 - now we're slamming TY2011, and are able to file electronically.

Edited February 6, 2012 by Darnell

[marielac 7]

well, one can't file joint, electronically, without 2 SSNs or 1 SSN and an ITIN from prior year usage -

suggest you chase after an ITIN, then submit all PAPER stuff into the special IRS intake address, listed in the W-7 form.

That's what my wife and I did recently for TY 2010 - now we're slamming TY2011, and are able to file electronically.

he has a ssn number though. that was not an issue. i dont know why he did that.

[Inky 1,111]

what tax preparer did you go to?

We go to H& R block and have someone do it, but we always make sure he/she has more than 10 year experience in tax filing. Never had a problem with them doing it and they get us good refund amounts.

[marielac 7]

We go to H& R block and have someone do it, but we always make sure he/she has more than 10 year experience in tax filing. Never had a problem with them doing it and they get us good refund amounts.

do you think USCIS will be able to see this and possibly send an rfe? or can i go to amend it in a week or 2? ugh, im so mad at that guy. i picked him since he had 17 years experience.

Edited February 6, 2012 by marielac

[Darnell 8,479]

don't forget - even if you choose the paper filing route -

you can still have the refund sent out via ACH, direct deposited to yer account.

I married on 2011. i went to file my taxes last week and told the man that i got married but hes not working so i want to file "married filing jointly". he told me that i cannot do that since my husband isnt a us citizen.

Officially, this is el torro cacca..

He's wrong. Yer husband is in the USA with a valid SSN. Go ahead and file.

[marielac 7]

don't forget - even if you choose the paper filing route -

you can still have the refund sent out via ACH, direct deposited to yer account.

Officially, this is el torro cacca..

He's wrong. Yer husband is in the USA with a valid SSN. Go ahead and file.

hes an idiot. im going tomorrow to speak to him or his supervisor. reading online too and it makes sense to file with him if he has a ssn! i dont know why i listened to that man.

[Lainie B 465]

Married Filing Jointly

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. For more information on these choices, refer to Nonresident Spouse Treated as a Resident.

http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html

[Dave&Roza 748]

do you think USCIS will be able to see this and possibly send an rfe? or can i go to amend it in a week or 2? ugh, im so mad at that guy. i picked him since he had 17 years experience.

USCIS has nothing to do with taxes--they are the immigration folks you have been dealing with. The IRS are the tax people and they have their own set of rules and people. You need to file an admended return where you change your filing status to married filing jointly and add your spouses' information to the tax return. I bet you will get a bigger refund.

Dave

[aaron2020 11,651]

I married on 2011. i went to file my taxes last week and told the man that i got married but hes not working so i want to file "married filing jointly". he told me that i cannot do that since my husband isnt a us citizen. i told him that he is a legal alien with a ssn (k-1). he said it is not possible to claim him as a husband and that i must file single. he seemed to know what he was talking about so i listened to him and filed single. my refund is ok but ive been told the refund is better when you file married jointly considerimg he doesnt have a job yet. i dont want the irs on my back, what do i do? can i fix this when he gets his ead? a bigger refund is needed considering we are having our wedding ceremony soon and we also need to buy a car. his -94 is expired, it expired feb 4 so now were waiting on the aos. please someone advise me. thanks.

H&R Block is full of poorly trained workers. California only requires 60 hours of training before a person can be certified as a tax preparer. Anyone with a high school education can become an H&R tax preparer. Compare that to an accountant who goes through 4 years of college and is certified by a board of accountancy to practice.

You shouldn't have filed as single. You don't meet the legal definition. (Please lets not argue about this for those who think it is okay for a married person who is not legally separated to file as single.)

It is completely possible for you and your spouse to file a joint return. On Dec. 31, 2011, your spouse was a non-resident alien (since AOS has not been approved yet). As a non-resident alien, your spouse can elect to be treated as a US taxpayer.

[Reyan 56]

If you need to amend your taxes after it has been submitted, you need to complete a 1040X.

http://www.irs.gov/pub/irs-pdf/f1040x.pdf

http://taxes.about.com/od/taxtrouble/a/form1040X.htm

Edited February 6, 2012 by Reyan

[Sugarz.K.R 9]

My husband is not here yet n does not have a ssn. H&R block did my taxes and had me file Maried filing seperatly. when i filed out my W2 form for work they had me select single since my hubby was didnt have a ssn ( it actually said it on the form) so i was a little confused too. H7R block Rep said that next yr wen my hubby is here and has his ssn we will file Maried filing Jointly

[VanessaTony 3,567]

hes an idiot. im going tomorrow to speak to him or his supervisor. reading online too and it makes sense to file with him if he has a ssn! i dont know why i listened to that man.

Yes do this. Speak to his supervisor 'cause he's obviously a moron. i married Nov 2009 and filed taxes for 2009 married joint with my husband for that years taxes. It was totally fine. H&R Block did mine as well.