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

[Gary and Alla 3,694]

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.

I will defer to your immigration experience. Though it would seem to be something that would not go over well in an interview.

[Rujby 23]

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.

How about those that did like us and never had any problem with their interview and amend once the spouse arrive the US?

[Fishguy 1]

"Nonresident alien spouse. If your spouse was a nonresident alien at any time during the tax year, and you have not chosen to treat your spouse as a resident alien, you are considered unmarried for head of household purposes."

From http://www.irs.gov/p...blink1000175821

It is quite possible that he definition that the IRS uses for Unmarried is not the same as Single and this may have caused some confusion.

Honestly, I would contact the IRS to double check. You don't have to give them your SSN or anything. Just call their hotline, explain your situation and they should be able to give you the correct info.

I would make sure to mention the following.

1) Where you were living during that year.

2) What your immigration status was during that time.

IRS Tax Help Line for Individuals : (800) 829-1040

as listed on their website... http://www.irs.gov/businesses/small/article/0,,id=161104,00.html

Between the IRS and immigration you should be able to get things straightened out. If she has to refile her taxes then get it done as soon as possible and file a copy of the amended tax return with immigration (if you have filed the incorrect papers previously).

[MIBEN 83]

You can still file for a tax ID number even if your spouse is not here, we did it for my spouse then we filed our taxes and he was still overseas. Vanessa&Tony is correct you should file married not single. If the taxes have been filed you can always amend them, it is best to show the CO at the interview that you are living as a married couple. Filing as married regardless of jointly or separate is an example of this and that is what the CO looks for to prove a bonafide marriage.

I cannot say you could be denied for this as the CO has discretion when dealing with each individual case but it is best to give proof that supports a bonafide marriage.

Good luck,

[jkelly07 120]

the IRS itin operations phone number in austin tx, 1-800-908-9982.

[Clark--Kent 4]

"Nonresident alien spouse. If your spouse was a nonresident alien at any time during the tax year, and you have not chosen to treat your spouse as a resident alien, you are considered unmarried for head of household purposes."

From http://www.irs.gov/p...blink1000175821

It is quite possible that he definition that the IRS uses for Unmarried is not the same as Single and this may have caused some confusion.

It is using the term "unmarried" because you typically cannot be married to use the status "Head of Household" There are exceptions for people legally separated, but those don't apply in these situations. When determining whether or not you qualify to file as head of household, you can consider yourself "unmarried" if your spouse is a nonresident alien living overseas. That is absolutely, 100% not the same thing as single and does not give a married person in this situation the ability to file as "Single"

Filing as "Single" when you are married is wrong 100% of the time. That doesn't mean you will get in trouble for doing it, charged any fines, or have an impact on your spouse's immigration application. Those things depend on the IRS, USCIS, NVC, and interviewing consulate officers.

If you are married, you must file with one of the three following:

Married, filing jointly

Married, filing separately

Head of Household (if you qualify as unmarried because of nonresident alien spouse and other required qualifications)

Let me repeat, like others have mentioned, that if you have filed as "Single" it DOES NOT mean you will get in trouble. You might. You might not. The only thing I can say for certain is that you are definitely making a mistake on your tax return.

[DaveE 178]

Tax issue

There was at least one lady here who had issues during the interview because her husband filed as single.

[VanessaTony 3,567]

Tax issue

There was at least one lady here who had issues during the interview because her husband filed as single.

Thank you for providing this link. So now we have proof it CAN be an issue and for that reason I would re-file the tax return. The OP could send the tax return they have now (the incorrect one) with the paperwork and then provide the amended return at the interview (which won't be for several months)

[pushbrk 12,877]

Thank you for providing this link. So now we have proof it CAN be an issue and for that reason I would re-file the tax return. The OP could send the tax return they have now (the incorrect one) with the paperwork and then provide the amended return at the interview (which won't be for several months)

Or simply take the return that was filed along with a short note from the petitioner explaining why they filed as they did, and that they intend to amend the return as soon as their spouse has an SSN. Preparation and information are the keys here. If the foreign spouse understands and can explain the circumstances, all should be well. It won't be the first time any but the newest of Consular officers has seen this solution utilized by taxpayers.

Improper, yes. Reason to deny a visa, no.

[chelsea09 0]

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of household but she STILL needs to file as "married"

This is incorrect. You need to amend your tax returns to file "married filing separately". Aside from it being the proper legal route you should get a bigger return.

Which is incorrect advise for them to give her. They would write "NRA" (for Non-resident Alien) in the SSN section when filing married filing separately.

we have a lawyer and he advised my husband to also file as 'single' since we got married in may 2011 but my husband didn't want that because he is married!!! so my husband called IRS and spoke to a person there, husband explained our circumstances (IR1) so he was advised to file 'married filing separately'. we spent the whole week preparing for documents so he can get an ITIN for me. hopefully we will get it soon (weeks). it is frustrating because it may delay our passing the documents to NVC but hopefully everything will be ok after this.

[pushbrk 12,877]

we have a lawyer and he advised my husband to also file as 'single' since we got married in may 2011 but my husband didn't want that because he is married!!! so my husband called IRS and spoke to a person there, husband explained our circumstances (IR1) so he was advised to file 'married filing separately'. we spent the whole week preparing for documents so he can get an ITIN for me. hopefully we will get it soon (weeks). it is frustrating because it may delay our passing the documents to NVC but hopefully everything will be ok after this.

If you can get the ITIN, it's better. Some cannot do so or cannot do so without sending passports internationally. You can file married/separately without an ITIN though. Just file on paper through the mail instead of electronically. I made the choice I did because I was intending to use the refund to finance a second trip to China and needed the money too soon to deal with the delays of filing by mail.

[hobbitofohio 10]

If you are married,you can fill as joint or married filling separate. The only time you can do other wise is living separate every day of the last half of the year and have dependents, you would be able to file as head of household. YOU CAN NOT FILE SINGLE, IF YOU ARE MARRIED.

You can file joint if the one is living outside the USA. See IRS pub 54, page 6 for information. http://www.irs.gov/pub/irs-pdf/p54.pdf

You cannot get a SS for the one living outside the USA see the following from pub 17:

"Nonresident alien spouse. If your spouse is a nonresident alien, your spouse must have either an SSN or an ITIN if:

You file a joint return,

You file a separate return and claim an exemption for your spouse, or

Your spouse is filing a separate return.

If your spouse is not eligible for an SSN, see the next discussion.

Individual taxpayer identification number (ITIN). The IRS will issue you an ITIN if you are a nonresident or resident alien and you do not have and are not eligible to get an SSN. This also applies to an alien spouse or dependent. To apply for an ITIN, file Form W-7 with the IRS. It usually takes about 6 weeks to get an ITIN. Enter the ITIN on your tax return wherever an SSN is requested.

If you are applying for an ITIN for yourself, your spouse, or a dependent in order to file your tax return, attach your completed tax return to your Form W-7. See the Form W-7 instructions for how and where to file.

An ITIN is for tax use only. It does not entitle you or your dependent to social security benefits or change the employment or immigration status of either of you under U.S. law."

IF YOU FILED AS SINGLE BUT ARE MARRIED FILE AN AMENDMENT TO CORRECT THE RETURN ASAP!!!!!!

[hobbitofohio 10]

IF YOU FILED AS SINGLE BUT ARE MARRIED FILE AN AMENDMENT TO CORRECT THE RETURN ASAP!!!!!! Remember you are married and if you sign the return stating single you are NOT filing a true, correct and complete return. And in signing the return you as stating "Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete." (From 1040 form at bottom where you sign)

[Gaijinsan 3]

IF YOU FILED AS SINGLE BUT ARE MARRIED FILE AN AMENDMENT TO CORRECT THE RETURN ASAP!!!!!! Remember you are married and if you sign the return stating single you are NOT filing a true, correct and complete return. And in signing the return you as stating "Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete." (From 1040 form at bottom where you sign)

Whoa, whoa, whoa... slow down, chief. Yes, based on what we have been told, the taxpayer's filing was incorrect. However, to the best of the taxpayer's knowledge at the time of filing, it was true, correct, and complete. Moreover, if there's any documentation of the IRS providing guidance to file as single, well, that's just additional evidence against fradulent intent.

I believe the worst that would happen (IRS-wise) is that the taxpayer receives a proposed revision to the return with recalculated taxes. I also believe that even this is highly unlikely.

However, it would be wise to correct this and may potentially also be advantageous to the OP. Whether to amend the return to married filing jointly or married filing separately requires a fairly detailed look at the spouse's income, how much of that is excludable, and what paid foreign taxes are available for credit. Having said that, I believe for the mythical "average taxpayer", treating the nonresident alien spouse as a resident and filing a joint return will result in a lower U.S. tax burden. But crunch the numbers before making a decision.

To amend to a joint return will take some time as it will need to be attached to an ITIN application (W-7) and sent off to Austin, but no big deal.

Getting back to immigration, let me just add my own experience here. While living overseas, I have for several years filed my own taxes as Head of Household (my wife and I have 2 dual-citizen children). This is a perfectly legitimate choice and, given our situation, it minimized our taxes. At no stage in the process did anyone connected with the immigration process raise this as an issue. (I know, this is a little different than filing married vs. single, but I am trying to bring some perspective here.) As always, your mileage may vary.

[Gaijinsan 3]

It won't be the first time any but the newest of Consular officers has seen this solution utilized by taxpayers.

Improper, yes. Reason to deny a visa, no.

Once again, pushbrk has hit the proverbial nail on the head.