I-864 Taxes for NVC Red Flag

[1patience 0]

Like I said, you won't get any flack from the IRS for filing single. But the question most people worry about is not the IRS, but whether immigration will look at this as a red flag. A lot of people freak out thinking it'll look bad that you've filed single when you're actually married and it will somehow affect your visa approval. I personally don't think it will. No one is saying that the IRS is going to have a problem with it.

Just curious have you heard of anyone or is there anyone in this forum that had a successful visa interview although tax transcript

States filing status as single

Am curious becaz am in a similar position it takes 8-12 weeks to process an amendment

And waiting on that process is impossible when have waited so long

For visa availability that's torture

But I want to b at peace if I could just hear abt someone who

Had the same experience and was successful with the visa interview

[Matt.M 4]

I know this thread is old but strangely enough when my husband phoned the IRS he asked them several times if he could just file as single and they repeatedly told him No. But they also wanted me to have an ITIN for married filing separately (which we all known you don't so long as you mail it in with the NRA). Long story short he filed for an extension online and got it. We have an automatic 6 months and since he would be getting a refund, it's all good.

Just went through this this year. If your spouse doesn't live in the states you would file "married filing separately" and where you would but their SSN or ITIN you would put "NRA" meaning non-resident alien. Even if you file "married filing separately" you can use your spouse as an exemption but you would need them to have an ITIN number and have no US Sourced income. Also you can elect to treat your Non-Resident Alien spouse as a resident for tax purposes. They would need an ITIN for this as well but the benefit is that the tax brackets are higher so you pay less tax and if his/her income is not US based it is exempt up to somewhere around $90,000. So you get the benefit of filing "married filing jointly" but no double taxation on the foreign income

Unfortunately my CPA was incompetent and I ended up doing my own taxes with the help of a tax law professional at the IRS.

Here's some links for you

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

Edited April 24, 2013 by Matt.M