please help

[kenvive 2]

someone please help me. my husband got here on saturday and we have interview tomorow so we are now going through the documents and realized he filed single for the tax transcripts after i told him to file maried but filing seperate. what can i do please or what letter can we add to explain it?

[Therealworld 90]

You can only list that you are married if your spouse has a SSN. If not you have to file single. At least that is the law in Massachusetts. Many people have to file single. If you do your taxes electronically which most people do now adays if you check single the next thing it will ask for is the spouses information and their social security number in which they will not have if they have never been to the states. He should have known this. Does not matter how long you were marred. Hope this helps

[kenvive 2]

You can only list that you are married if your spouse has a SSN. If not you have to file single. At least that is the law in Massachusetts. Many people have to file single. If you do your taxes electronically which most people do now adays if you check single the next thing it will ask for is the spouses information and their social security number in which they will not have if they have never been to the states. He should have known this. Does not matter how long you were marred. Hope this helps

Thanks so much.so filing single will not affect our interview because yes he applied electronically. so i think we are good to go.thanks very much

[NigeriaorBust 4,087]

Wrong You are not supposed to file single if you are married. You can file to ammend the taxes and pay the difference and penalty. You file with the papers to get the spouse an iitn number.

[livindadream 156]

I'm a tax preparer....that being said, technically your spouse should have filed either married filing joint or married filing separate. In either case, because you don't have a SSN, your spouse should have mailed, and not electronically filed the return, and included form W-7. I don't believe this shud be too much of an issue at the interview. There is also a loophole that if you and your spouse have been apart for more than 6 months, then he/she can file as single.

[NigeriaorBust 4,087]

The loophole allows a person to file as single head of household providing that they have a qualifying dependant not just plain ole single

[livindadream 156]

The loophole allows a person to file as single head of household providing that they have a qualifying dependant not just plain ole single

RIGHT

[aaron2020 11,651]

There is also a loophole that if you and your spouse have been apart for more than 6 months, then he/she can file as single.

Only if they were LEGALLY SEPARATED, not just being apart for more than 6 months.

Tax laws is completely unrelated to immigration laws. The only tax related issue in immigration is that did the petitioner meet his/her obligation to file tax returns (i.e. if you don't file your taxes, you don't get to petition).

----------------------

From the IRS; http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736'>http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736

Single

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.

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http://www.irs.gov/newsroom/article/0,,id=105098,00.html'>http://www.irs.gov/newsroom/article/0,,id=105098,00.html

Eight Facts About Filing Status

IRS Tax Tip 2011-09, January 13, 2011

The first step to filing your federal income tax return is to determine which filing status to use. Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and deductions, and your correct tax. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household and Qualifying Widow(er) with Dependent Child.

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

Your marital status on the last day of the year determines your marital status for the entire year.

If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

There’s much more information about determining your filing status in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available at http://www.irs.gov or by calling 800-TAX-FORM (800-829-3676). You can also use the Interactive Tax Assistant on the IRS website to determine your filing status. The ITA tool is a tax law resource on the IRS website that takes you through a series of questions and provides you with responses to tax law questions.

[aaron2020 11,651]

You can only list that you are married if your spouse has a SSN. Incorrect. You are married if you are married. You don't need an SSN to be married. The foreign spouse without an SSN or ITIN can not file a return. The USC or LPR spouse must file married filing separately. If not you have to file single. At least that is the law in Massachusetts. Massachusetts can't tell the federal government what to do about federal income taxes. You may qualify to list yourself as single for a Mass. state tax return, but you can't use the same Mass. criteria and apply it to the federal government. Separate governments. Many people have to file single. If you do your taxes electronically which most people do now adays if you check single the next thing it will ask for is the spouses information and their social security number in which they will not have if they have never been to the states. He should have known this. Does not matter how long you were marred. Hope this helps

[aaron2020 11,651]

someone please help me. my husband got here on saturday and we have interview tomorow so we are now going through the documents and realized he filed single for the tax transcripts after i told him to file maried but filing seperate. what can i do please or what letter can we add to explain it?

Tax laws can be complex. Most Americans can relate to how complicated it can be. Explain to the interviewer that your husband made a tax mistake because he was ignorant of tax laws. This is a simple and common mistake.

Tell the interviewer that your husband intends to amend his tax returns.

-----

Amending his tax returns.

He can amend his status to one of two choices; married filing jointly or married filing separately.

Once you get your SSN, your husband can include you as a joint filer. This might get him a tax rebate if your foreign income was low or taxes are high in your home country.

Going from "single" to "married filing separately" will increase his tax burden. He'll have to pay more in taxes.

Have him figure out your taxes under both to see which one gives you the better result. Then go with that one. It is perfectly legal for you to pick whichever one is more advantageous to you.

[livindadream 156]

Tax laws can be complex. Most Americans can relate to how complicated it can be. Explain to the interviewer that your husband made a tax mistake because he was ignorant of tax laws. This is a simple and common mistake.

Tell the interviewer that your husband intends to amend his tax returns.

-----

Amending his tax returns.

He can amend his status to one of two choices; married filing jointly or married filing separately.

Once you get your SSN, your husband can include you as a joint filer. This might get him a tax rebate if your foreign income was low or taxes are high in your home country.

Going from "single" to "married filing separately" will increase his tax burden. He'll have to pay more in taxes.

Have him figure out your taxes under both to see which one gives you the better result. Then go with that one. It is perfectly legal for you to pick whichever one is more advantageous to you.

He doesnt have to wait..he can file now with form W-7 (if Im not mistaken)...and yes, the tax burden will be higher if filing married vs married filing separate DEPENDING on his income. If he is not claiming EIC or certain other credits, then filing separate may be almost the same as filing single anyways. But like I had stated earlier and as you said as well, this is not going to be a big deal at interview level. Plead ignorance and move on.

[aaron2020 11,651]

He doesnt have to wait..he can file now with form W-7 (if Im not mistaken)...and yes, the tax burden will be higher if filing married vs married filing separate DEPENDING on his income. If he is not claiming EIC or certain other credits, then filing separate may be almost the same as filing single anyways. But like I had stated earlier and as you said as well, this is not going to be a big deal at interview level. Plead ignorance and move on.

Why bother with an ITIN when she will get a SSN? What's the rush to amend at this point?

As an individual with 20 years of advising families and businesses on taxes and tax controversies, I would rather my client use a single number for identification with the IRS. Using an ITIN makes sense when a SSN is not readily available or when there is a filing deadline.

I subscribe to the KISS theory: Keep It Simple Stupid (stupid means me). Simple is one number. Simple is not an ITIN and then a SSN (a couple of months later) when there is no need to rush to amend.

[NigeriaorBust 4,087]

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

Only if they were LEGALLY SEPARATED, not just being apart for more than 6 months.

Tax laws is completely unrelated to immigration laws. The only tax related issue in immigration is that did the petitioner meet his/her obligation to file tax returns (i.e. if you don't file your taxes, you don't get to petition).

----------------------

From the IRS; http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736'>http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220736

Single

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/newsroom/article/0,,id=105098,00.html'>http://www.irs.gov/newsroom/article/0,,id=105098,00.html

Eight Facts About Filing Status

IRS Tax Tip 2011-09, January 13, 2011

The first step to filing your federal income tax return is to determine which filing status to use. Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and deductions, and your correct tax. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household and Qualifying Widow(er) with Dependent Child.

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

Your marital status on the last day of the year determines your marital status for the entire year.

If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

There’s much more information about determining your filing status in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available at http://www.irs.gov or by calling 800-TAX-FORM (800-829-3676). You can also use the Interactive Tax Assistant on the IRS website to determine your filing status. The ITA tool is a tax law resource on the IRS website that takes you through a series of questions and provides you with responses to tax law questions.

[aaron2020 11,651]

Also, an increase tax burden will NOT DEPEND on his income. He has no choice - it will increase when he file married filing separately. He must file married filing separately unless they choose to include HER income. His US income is taxable under any circumstances. It will DEPEND on her income and the income tax paid in HER country. The overall tax burden will increase if he files married filing separately. If they choose to file married filing, the overall tax burden could be higher or lower than filing separately DEPENDING ON HER FOREIGN INCOME. I would only include HER INCOME if it gives them a better result than him filing marring filing separately. They may even get a tax refund.

If he qualifies for the EIC, he is making below the poverty level. Probably not an issue if he meets the 125% poverty level to petition his wife.

[livindadream 156]

Also, an increase tax burden will NOT DEPEND on his income. He has no choice - it will increase when he file married filing separately. He must file married filing separately unless they choose to include HER income. His US income is taxable under any circumstances. It will DEPEND on her income and the income tax paid in HER country. The overall tax burden will increase if he files married filing separately. If they choose to file married filing, the overall tax burden could be higher or lower than filing separately DEPENDING ON HER FOREIGN INCOME. I would only include HER INCOME if it gives them a better result than him filing marring filing separately. They may even get a tax refund.

If he qualifies for the EIC, he is making below the poverty level. Probably not an issue if he meets the 125% poverty level to petition his wife.

right..I meant, if his income was low, or if he had other credits (education, etc)..he may not even have a tax burden..even filing single. ohhh..ur right about the EIC and meeting the poverty level...UNLESS he has a co-sponsor. lol. Sooo many variations. Aren't taxes fun? Actually I think they are....but Im geeky like that