Tax 2012

[sweety-sweet 1]

Good morning,

If somebody filed the 2012 tax return as single when I -130 is in process. Actually, the friend of my friend got married sometimes in 2012 and her husband filed the I-130 for her. But he filed his tax as single, is there any problem in their visa process? I think I read like this of thing in one of the VJ forums but I could not find it again. Kindly advise.

For me, do we need tax transcripts from IRS? My husband has the copy of his tax return for every year and copy of all his W2-s. Is that good to send NVC or shall we ask tax transcripts?

We havent received our NOA2 but we are waiting for 4 months. Hope to get it soon and would like to prepare for ourselves and help others as well.

Thank you so much.

[JohnR! 5,495]

Good morning,

If somebody filed the 2012 tax return as single when I -130 is in process. Actually, the friend of my friend got married sometimes in 2012 and her husband filed the I-130 for her. But he filed his tax as single, is there any problem in their visa process? I think I read like this of thing in one of the VJ forums but I could not find it again. Kindly advise.

For me, do we need tax transcripts from IRS? My husband has the copy of his tax return for every year and copy of all his W2-s. Is that good to send NVC or shall we ask tax transcripts?

We havent received our NOA2 but we are waiting for 4 months. Hope to get it soon and would like to prepare for ourselves and help others as well.

Thank you so much.

If you got married in 2012 and filed your taxes as single, you are committing tax fraud.

Copies of tax returns and W-2 are widely accepted but the transcripts are always better. If you have time, get the transcripts and the reassurance that go with them.

Edited March 25, 2013 by Gegel

[atm 8]

For your friend: the husband needs to file either as "married filing jointly" or "married filing separately". He is not single, so yes, there could be problems. He can submit an amended tax return to correct this.

For you: tax return transcrpts are always best. They can be ordered either by phone or online on the IRS website. They only take less than a couple of weeks to arrive

[sweety-sweet 1]

Thank you for reply. For filing the tax as married, can he do it by "turbo tax" software. I just chat with them and said there is no option to file as "married" and "non residence". The software keeps on asking him the SSN of spouse and he could not submit. Is there any other software or does he need to go to professional tax accountant?

For my tax transcripts, I will ask my husband to get from IRS. I found the link in this forum for how to apply online as well as their phone number.

Thanks again.

[JohnR! 5,495]

Thank you for reply. For filing the tax as married, can he do it by "turbo tax" software. I just chat with them and said there is no option to file as "married" and "non residence". The software keeps on asking him the SSN of spouse and he could not submit. Is there any other software or does he need to go to professional tax accountant?

For my tax transcripts, I will ask my husband to get from IRS. I found the link in this forum for how to apply online as well as their phone number.

Thanks again.

If your spouse does not have a SSN/ITIN, you can still file as MFS/MFJ and enter 'NRA' - Non Resident Alien for tax purposes - in the field reserved for the SSN. The drawback is that you can use Turbotax for everything but you can't file electronically. You'll need to print the forms and send them to the IRS.

[sweety-sweet 1]

Thank you so much. I just told them in chat and they said "thank you" to you and all VJ members.

Also my hearty thanks. You all are very kind and helpful.

[AP & VP 2]

Any tax experts out there who can provide some guidance on which forms to fill and report my spouse' foreign earned income. I'm aware of Form 2555, but what is Form 1116... Should I be filling that out as well?

FYI: Filing jointly

Prepared using turbo-tax just to see the format and all...

Here's what it resulted in...please advice if this is correct?

Ln 7 : My income + spouse foreign income

Ln 21: Exclude spouse foreign income

Check for standard deduction (mine + spouse)

Edited April 1, 2013 by AP & VP