taxes - filing single vs filing married

[StephanieM 60]

I was married to my husband 8/23/11. My parents always take care of my taxes, so I am sort of lost in space about anything that has to do with taxes . My mother has advised me to file single because my husband is still not in the USA living with me. My parents claim me as a dependent, as I still live in their household and I am a full-time student. However, I file my own taxes because I work part-time as well.

Is it okay to file single? Will this somehow look "wrong" at the time of interview or something like that? My mother seems really sure about what she is doing, and I totally trust her but I just want to make sure. Also, it would be a great hassle to file jointly because my husband would have to sign something, which is hard since he's in DR and I will not seeing him until months from now.

PLEASE ANSWER ONLY IF YOU KNOW WHAT YOU ARE TALKING ABOUT!! thanks!

[nickbits 43]

If you are married you cannot file single.

[alizon 77]

There has been a lot of discussion about this on the forums, so I know there are people who disagree with me, but this is my opinion: I have not seen anything on the IRS website that says a married person can file as "single." I have seen that if you are living away from your spouse for most of the year, you can be considered "unmarried" so that you can maintain eligibility for filing as "head of household," but this is not the same as filing "single."

Also, the IRS website says you can only file as single if you do not qualify for another filing status, which is obviously not the case if you are legally married:

"Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status."

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220721

[StephanieM 60]

There has been a lot of discussion about this on the forums, so I know there are people who disagree with me, but this is my opinion: I have not seen anything on the IRS website that says a married person can file as "single." I have seen that if you are living away from your spouse for most of the year, you can be considered "unmarried" so that you can maintain eligibility for filing as "head of household," but this is not the same as filing "single."

Also, the IRS website says you can only file as single if you do not qualify for another filing status, which is obviously not the case if you are legally married:

"Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status."

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220721

This is all so confusing and annoying! So if I end up filing married but separate does this mean I still have to fill out that w-7 form where he has to sign, and I have to put down what he makes. I've been told it's fine to file single, I just don't know if all the extra hassle to file married is worth it. He is not even here!!!!

[Ning 619]

I was married to my husband 8/23/11. My parents always take care of my taxes, so I am sort of lost in space about anything that has to do with taxes . My mother has advised me to file single because my husband is still not in the USA living with me. My parents claim me as a dependent, as I still live in their household and I am a full-time student. However, I file my own taxes because I work part-time as well.

Is it okay to file single? Will this somehow look "wrong" at the time of interview or something like that? My mother seems really sure about what she is doing, and I totally trust her but I just want to make sure. Also, it would be a great hassle to file jointly because my husband would have to sign something, which is hard since he's in DR and I will not seeing him until months from now.

PLEASE ANSWER ONLY IF YOU KNOW WHAT YOU ARE TALKING ABOUT!! thanks!

Isnt the reason for the question because you dont know what you are talking about? You totally trust mom but want to ask people you dont know & dont trust just to make sure? Of what?

[alizon 77]

This is all so confusing and annoying! So if I end up filing married but separate does this mean I still have to fill out that w-7 form where he has to sign, and I have to put down what he makes. I've been told it's fine to file single, I just don't know if all the extra hassle to file married is worth it. He is not even here!!!!

If you want to file married separately and claim your husband as an exemption, then yes, you'll have to file a W-7, but you won't have to list his income.

I would be careful about what you're told about taxes (and this includes taking advice from the forum!). If people can't back up what they say with documents from the IRS, then you could be doing something you're not supposed to. I haven't seen anyone who claims a married person can file as single (head of household is a different story, like I said) prove that to my satisfaction with anything from IRS.gov, so I, personally, would not file as single.

[StephanieM 60]

Isnt the reason for the question because you dont know what you are talking about? You totally trust mom but want to ask people you dont know & dont trust just to make sure? Of what?

If you have nothing relevant to post then don't post nothing at all. If you do not have any knowledge on the topic I posted then why post at all? I won't waste my time explaning myself to you. Moving on.

[Benika 1]

I work at a tax office:

You need to file as "Married Filing Separately"

You will not be able to get some credits (EIC, Childcare, Education)

You will however not need any information about your husbands income (although you will still needs his Social Security number if he has one)

You can go to the IRS website: www.irs.gov

and look up the details about MFS

or I would visit a tax office (Like H&R Block). Most offices will answer your questions for free.

I hope that helps.

[Dan & Juan 12]

Ok yes this topic has been through the ringer so I will not spout chapter and verse about what others experience, I will say my experience and research.

FACT: You are married. period you are married you are not single. You can't think of yourself as single or maybe if you are not together there is an exception. You are married period. You must file married but whether to do jointly or separate begs the question.. Did your foreign spouse make more than $87,000 in his country? well if not then you do have this exemption if you file the process of "my spouse is considered a US resident for tax purposes" letter and get a ITIN and have him sign the form.

My personal experience is I did the married jointly and it was a great tax advantage, as well as when I had the interview process what could be better than showing a tax form jointly filed?

So you might want to ask an expert about the tax advantages but for the immigration process my money is always on anything you can use as evidence is that much more to boost your bonafide case!

Good luck

[Visalessbob 0]

I was married to my husband 8/23/11. My parents always take care of my taxes, so I am sort of lost in space about anything that has to do with taxes . My mother has advised me to file single because my husband is still not in the USA living with me. My parents claim me as a dependent, as I still live in their household and I am a full-time student. However, I file my own taxes because I work part-time as well.

Is it okay to file single? Will this somehow look "wrong" at the time of interview or something like that? My mother seems really sure about what she is doing, and I totally trust her but I just want to make sure. Also, it would be a great hassle to file jointly because my husband would have to sign something, which is hard since he's in DR and I will not seeing him until months from now.

PLEASE ANSWER ONLY IF YOU KNOW WHAT YOU ARE TALKING ABOUT!! thanks!

To put it in perspective, my wife lives in Brazil. I did the math and if I file married/separate I would get a refund of only 1/6th of what I would get back filing married/jointly. It might be more of a hassle to file jointly but from a tax perspective it benefits my situation. He will need to get an ITIN (see the IRS.GOV website on how to apply for one) before you would be able to file jointly.

Edited February 11, 2012 by Visalessbob

[God fearing 13]

Question...I got married on December 6, 2011. Does this mean my husband should file married jointly. He was in school all of 2011 and wants to file head of household for 2011. What is the best solution here.

[StephanieM 60]

I work at a tax office:

You need to file as "Married Filing Separately"

You will not be able to get some credits (EIC, Childcare, Education)

You will however not need any information about your husbands income (although you will still needs his Social Security number if he has one)

You can go to the IRS website: www.irs.gov

and look up the details about MFS

or I would visit a tax office (Like H&R Block). Most offices will answer your questions for free.

I hope that helps.

What do you mean by credits? I have a scholarship, and I do not want it to affect my scholarship.

[StephanieM 60]

Ok yes this topic has been through the ringer so I will not spout chapter and verse about what others experience, I will say my experience and research.

FACT: You are married. period you are married you are not single. You can't think of yourself as single or maybe if you are not together there is an exception. You are married period. You must file married but whether to do jointly or separate begs the question.. Did your foreign spouse make more than $87,000 in his country? well if not then you do have this exemption if you file the process of "my spouse is considered a US resident for tax purposes" letter and get a ITIN and have him sign the form.

My personal experience is I did the married jointly and it was a great tax advantage, as well as when I had the interview process what could be better than showing a tax form jointly filed?

So you might want to ask an expert about the tax advantages but for the immigration process my money is always on anything you can use as evidence is that much more to boost your bonafide case!

Good luck

I am not head of household though. And no he did not make over that amount.

[ceadsearc 516]

Question...I got married on December 6, 2011. Does this mean my husband should file married jointly. He was in school all of 2011 and wants to file head of household for 2011. What is the best solution here.

Do you have a qualifying dependent that would allow him to file HOH?

[Afrikan Queen 11]

Check this out. Hope it helps.

IRS