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Saiangel

Filing Tax Returns as Single after Marriage

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You don't need a social or ITIN to file as married filing separately if you choose to amend that way. You file a paper return (which a 1040X is anyway, but you would file paper regardless) and in the place of the spouse's social you write NRA for non-resident alien (or foreign spouse or something similar).

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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You don't need a social or ITIN to file as married filing separately if you choose to amend that way. You file a paper return (which a 1040X is anyway, but you would file paper regardless) and in the place of the spouse's social you write NRA for non-resident alien (or foreign spouse or something similar).

yes he is right. we did the same as i told you in my previous posts

Edited by Mohammada
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hi

it is simple, go to your accountant and want him/her to make correction on your 2011 filing, tell them to change your marital status to married and you want to filing separately. They amend it. But in your case wich your housband is not in us i don't know what u can do exactly

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I'd see an accountant if you're confused but you can probably do it yourself.

You need to file an amended tax return which is a 1040X. Either get an ITIN for your spouse, if possible, and amend to married filing jointly, or simply amend to married filing separately, file your return, and mark "NRA" where it says "spouse's social".

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I understand your point. But to file as married, they also need the SSN of the spouse. My spouse does not have a SSN because she is not a US resident.

If she qualifies for getting an ITIN - what's keeping you from getting an ITIN for her?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: F-2A Visa Country: Uzbekistan
Timeline

Dear Saiangel I just let you know in your case you don't have to notarise anything, just when you do your tax return tell accountant filing as a single only for tax purpose. So then that accountant has to put a note that spouse is not us resident. This is more legal way to file.

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Filed: F-2A Visa Country: India
Timeline

Dear Saiangel I just let you know in your case you don't have to notarise anything, just when you do your tax return tell accountant filing as a single only for tax purpose. So then that accountant has to put a note that spouse is not us resident. This is more legal way to file.

Thanks Dr.uk....my Last two tax returns are filed as single ...because my accountant told if my spouse is not the resident of US it dosent matter if I file single or married...Is it true?

PD FEB 03 2011

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