IRS tax something red blue and green

[PSDAVID 2]

So yeah the titled doesnt make any sense and is confusing but describe how i feel right now, way over confused about tax returns IRS and filing status(funny thing i dont even filed tax returns). So the history goes like this, my stepfather is petitioning for me as an IR-2. We are on the NVC process right know, already pay fee bills and just waitng to send the packages, but i was checking the 1040 forms of the last 3 years and my stepfather has been filing as "single", he ask once if he should change it but he has advise not to because my mom is not a LPR or us citizen and lives here in El Salvador with me.

Sooo, i have ask a few VJ's about this and they have advise me that he should have been filing as married filing separatly.

Im confused and also worried about how this is going to affect the case and what to do. So i want it to ask you your recommendations and about how this is going to look on the case!

Thank you!

[X Factor 1,112]

How long have they been separated? For tax purposes a person can file as single.

The IRS says, "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://taxes.about.com/od/filingstatus/qt/single.htm

[PSDAVID 2]

My mom and my stepfather are married but not living together because my mom and i are here in El Salvador, my mom is waiting because she just need a little more time to get her retirement benefices, my mom has never lived in USA, she has just vist my stepfather like 5 times since 2008 with a now expired B-2 visa and my stpefather visit us here in El Salvador like twice a year.

[jamdown22 5]

ur dad as to file single because ur mom is not in the state if he file married he is going to need a ss # for her so thats ok for single.

[NigeriaorBust 4,087]

Single is NOT ok. He needs to file for as married filing separately or as joint by getting an itin number for your mother. He is NOT under a legal separation nor is he unmarried. Here is from the irs site. The single rate is generally lower so by claiming to be single he is commiting tax fraud which is a seriouos offense IF they decide to go after him.

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty needs an ITIN.

Other examples of individuals who need ITINs include:

• A nonresident alien required to file a U.S. tax return

• A U.S. resident alien (based on days present in the United States) filing a U.S. tax return

• A dependent or spouse of a U.S. citizen/resident alien

• A dependent or spouse of a nonresident alien visa holder

[Penguin_ie 5,993]

ur dad as to file single because ur mom is not in the state if he file married he is going to need a ss # for her so thats ok for single.

That is not correct. An SSN is not needed to file, an ITN suffices.

Unless they are legally separated, and it doesn't sound like they are, the dad should have filed married. A roadblock, but not a huge issue- the dad will simply need to submit amended tax returns, at least for the last three years, and pay any penalty.

[PSDAVID 2]

That is not correct. An SSN is not needed to file, an ITN suffices.

Unless they are legally separated, and it doesn't sound like they are, the dad should have filed married. A roadblock, but not a huge issue- the dad will simply need to submit amended tax returns, at least for the last three years, and pay any penalty.

and if he fill a 1040x for amendment, my mom will have to report something for the tax returns? or the ITIN is just for my mom to have a number and that my stpfather can write it on the 1040?

So, how the process on the i-130 will do against this? is better to not send the I-864 package until the taxes are correct?

PD: (oh just to make sure i dont left anything out) my stepfather is filling with a joint sponsor.

Oh another thing!! ...im confusing fill/filed/filling? confusing word xD

Edited August 7, 2012 by PSDAVID