Wife Filed tax 2011 as Single, is there impact on Visa issuance

[Matt1968 13]

Ooohhh okay. Well... honestly I couldn't tell you. It does bring your marriage into question if she's filing single when you're trying to say she's married to you but I don't know if they'd deny you outright for it. I can't say I've ever seen anyone file a single return when they're married and then file for a spousal visa. Someone else might be able to tell you.

I personally would amend it. She might get more money back if she files married.

I agree. If she already filed, the best bet is probably try to amend it. I'm not entirely sure how that process works, but i'm sure someone else will inform you. V&T is right, Unmarried is different than single. People have been misinterpreting that for awhile now. But since your wife already filed and got her refund, an amendment looks like the way to go.

Matt

[Rujby 23]

I agree. If she already filed, the best bet is probably try to amend it. I'm not entirely sure how that process works, but i'm sure someone else will inform you. V&T is right, Unmarried is different than single. People have been misinterpreting that for awhile now. But since your wife already filed and got her refund, an amendment looks like the way to go.

Matt

When she amend will she have to give back the refund or...?

[Matt1968 13]

When she amend will she have to give back the refund or...?

No, they send her the difference she would have gotten if she filed married.

Matt

[Rujby 23]

No, they send her the difference she would have gotten if she filed married.

Matt

Ok i am gonna talk to her about it. Thank you

[pushbrk 12,877]

Filing as Single and then later amending the return once the spouse arrives and has an SS# is a common, though technically improper practice in circumstances like yours. It's what I and many of us did. I've never seen a tax consequence for doing so. As long as the Foreigner is aware of both the reason for using this filing status and that the couple will amend the return later, I see no immigration consequence either.

Any of the other filing status choices require filing by mail instead of electronically.

[Rujby 23]

Filing as Single and then later amending the return once the spouse arrives and has an SS# is a common, though technically improper practice in circumstances like yours. It's what I and many of us did. I've never seen a tax consequence for doing so. As long as the Foreigner is aware of both the reason for using this filing status and that the couple will amend the return later, I see no immigration consequence either.

Any of the other filing status choices require filing by mail instead of electronically.

ouf pushbrk, i feel released. I was honestly waiting for your opinion. I was checking on you on the website just to see if you were around. I can not amend now i feel it will cause us a delay. AOS will will be sent tuesday or wednesday of the next week with the tax transcript information of the Petitioner and our joint sponsor ( my aunt). Since it is not gonna cause any denial we will leave it for when i come in the US to have it fixed. Thank you so much

[VisaJourney2011 14]

Hi pushbrk

I'm even more confused now... Some say do this, some say don't.

So Since you did what i did, file single and when foreign spouse came to States, file an Amend.

Since me and Rujby and few others filed as single, Our tax as already been filed.

Q's 1) Should we amend now asap? and do the correct method?

Q's 2)Can you verify the below steps to file Married Filing Jointly?

Email 1, 2, 3 to spouse to get their signature, and mail back to me (USC)

1) 1040 filing married jointly

2) W-7

3) declaration letter for NRA to be treated as US taxpayer for the year 2011

Also the spouse has to mail back:

4) Notorised passport of NRA

Once i get all 4 documents from my spouse, myself sign 1040, sign declaration letter, and copy of Marriage certificate

Mail all to :

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

=================

Q's 4) Hows this Declaration form?

=================

1. We declare that one spouse was a non-resident alien, and the other spouse a U.S. citizen, or lawful permanent resident (green card holder) on the last day of the tax year 200 , and we choose to be treated as U.S. residents for the entire year; and

2. Our names, addresses, and social security/ taxpayer identification numbers are as follows:

Name: Name of the US Citizen

SS/TIN# SSN of the US Citizen

Name: Name of the NRA (non resident alien)

SS/TIN# applied for

Address: Address of the US Citizen

______________________________________________________________

______________________________________________________________

Signatures:

X Signature of the US Citizen Date: Signed date

X Signature of the NRA (non resident alien) Date: Signed date

Filing as Single and then later amending the return once the spouse arrives and has an SS# is a common, though technically improper practice in circumstances like yours. It's what I and many of us did. I've never seen a tax consequence for doing so. As long as the Foreigner is aware of both the reason for using this filing status and that the couple will amend the return later, I see no immigration consequence either.

Any of the other filing status choices require filing by mail instead of electronically.

Edited February 17, 2012 by VisaJourney2011

[Rujby 23]

Hi pushbrk

I'm even more confused now... Some say do this, some say don't.

So Since you did what i did, file single and when foreign spouse came to States, file an Amend.

Since me and Rujby and few others filed as single, Our tax as already been filed.

Q's 1) Should we amend now asap? and do the correct method?

Q's 2)Can you verify the below steps to file Married Filing Jointly?

Email 1, 2, 3 to spouse to get their signature, and mail back to me (USC)

1) 1040 filing married jointly

2) W-7

3) declaration letter for NRA to be treated as US taxpayer for the year 2011

Also the spouse has to mail back:

4) Notorised passport of NRA

Once i get all 4 documents from my spouse, myself sign 1040, sign declaration letter, and copy of Marriage certificate

Mail all to :

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

=================

Q's 4) Hows this Declaration form?

=================

1. We declare that one spouse was a non-resident alien, and the other spouse a U.S. citizen, or lawful permanent resident (green card holder) on the last day of the tax year 200 , and we choose to be treated as U.S. residents for the entire year; and

2. Our names, addresses, and social security/ taxpayer identification numbers are as follows:

Name: Name of the US Citizen

SS/TIN# SSN of the US Citizen

Name: Name of the NRA (non resident alien)

SS/TIN# applied for

Address: Address of the US Citizen

______________________________________________________________

______________________________________________________________

Signatures:

X Signature of the US Citizen Date: Signed date

X Signature of the NRA (non resident alien) Date: Signed date

Pushbrj says there is no consequence as soon as the spouse arrive the us and amend the return. So it should not be a problem, relax now....

[VisaJourney2011 14]

hmmmmmm....................

Still would like to know if PUSHBRK knows if it is possible to amend now? it has been only 1 week since tax filed as single.

Pushbrj says there is no consequence as soon as the spouse arrive the us and amend the return. So it should not be a problem, relax now....

Edited February 17, 2012 by VisaJourney2011

[Rujby 23]

hmmmmmm....................

Still would like to know if PUSHBRK knows if it is possible to amend now? it has been only 1 week since tax filed as single.

well you are looking for a delay in your case, aren t you?

[VisaJourney2011 14]

well you are looking for a delay in your case, aren t you?

Delay how so?

You mean i won't be able to submit 2011 tax transcript? in that case I think i can submit just the 2011 w2 with Tax transcripts from 2008, 2009, and 2010

[Rujby 23]

Delay how so?

You mean i won't be able to submit 2011 tax transcript? in that case I think i can submit just the 2011 w2 with Tax transcripts from 2008, 2009, and 2010

no, because you want to amend that is what could delay your paper

Edited February 18, 2012 by Rujby

[VisaJourney2011 14]

no, because you want to amend that is what could delay your paper

what paper? 2011 tax transcript? or my papers at NVC stage? how so?

[Rujby 23]

what paper? 2011 tax transcript? or my papers at NVC stage? how so?

yes tax transcript, since they told you it will not cause a problem why would you want to amend it now and not later ?

[Gary and Alla 3,694]

The reason she filed single was not to make more money but she just follow the guy at the IRS local office where she applied to get her tax return. How can we amend it? Please tell me the step as AOS is not yet sent and how long will it take?

This is what happens when you ask Tax people about immigration issues. You CAN file married and you do NOT need an SSN to do it. BUT you cannot file electronically this way, you have to file a paper return. For your SSN write "pending" and attach a copy of the NOA1 for the CR-1

You will have to "prove your relationship" for the visa interview and part of that is the most recent tax return which shows your wife filing as single...hmmmm.

Fix it. Do not ask tax people for immigration advice. IRS is not USCIS.