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Filed: IR-1/CR-1 Visa Country: Nigeria
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Was just going over my documents getting ready for interview when I noticed my tax paper from 2009 to 2011 I filled single , this past year i did head of household been married since October 2011. Do I need to fix this ? Please help if u can.

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Was just going over my documents getting ready for interview when I noticed my tax paper from 2009 to 2011 I filled single , this past year i did head of household been married since October 2011. Do I need to fix this ? Please help if u can.

You can file HOH as married if your foreign spouse did not reside in the US for the tax year, and if you had other dependents (children, parents, etc.) who you claimed on the tax form for that year. That's OK.

For the 2011 tax year, you can send an updated tax form using the IRS rules for amending a tax form. If your spouse has a tax ID (ITIN or SSN), you can update the taxes to show married filing joint, or you can choose to file married filing separately, whichever one makes the most sense to you.

For the interview, simply explain that you made a mistake and show what you have done so far to fix the mistake. People make that mistake all the time, sometimes relying on advice from ignorant tax preparers.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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

You can file HOH as married if your foreign spouse did not reside in the US for the tax year, and if you had other dependents (children, parents, etc.) who you claimed on the tax form for that year. That's OK.

For the 2011 tax year, you can send an updated tax form using the IRS rules for amending a tax form. If your spouse has a tax ID (ITIN or SSN), you can update the taxes to show married filing joint, or you can choose to file married filing separately, whichever one makes the most sense to you.

For the interview, simply explain that you made a mistake and show what you have done so far to fix the mistake. People make that mistake all the time, sometimes relying on advice from ignorant tax preparers.

I was curious about this too. I sent all my documents to NVC and did not get an RFE and I filed single head of household. I read online and talked to a representative at HR Block whom I have used the past 8 years that because he was a non-resident that I could file as single. Once he is here it is another story. Will see at his interview in a couple of weeks if it becomes an issue, but I doubt it will as it was looked over by the NVC with no RFE.

Edited by Highyella72
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I was curious about this too. I sent all my documents to NVC and did not get an RFE and I filed single head of household. I read online and talked to a representative at HR Block whom I have used the past 8 years that because he was a non-resident that I could file as single. Once he is here it is another story. Will see at his interview in a couple of weeks if it becomes an issue, but I doubt it will as it was looked over by the NVC with no RFE.

HR Block representatives are notorious for giving wrong advice on this question. It is never the case that you can file single if you are married on December 31st of the tax year in question. There are strict rules for filing head of household under very limited circumstances, but even that is not a single filing status.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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Filed: Citizen (pnd) Country: Turkey
Timeline

HR Block representatives are notorious for giving wrong advice on this question. It is never the case that you can file single if you are married on December 31st of the tax year in question. There are strict rules for filing head of household under very limited circumstances, but even that is not a single filing status.

I was told by the IRS that you don't have to claim a spouse living outside the USA in any way if they don't have ITN or SSN . She told me it didn't matter if I filed Single or head of household. That if he don't have an ITN or SSN and we didn't share an income then I could file single or head of household which ever one applied to me


USCIS - 66 days ROC - 139 days from sent to approved
12/3/2012 - I-130 delivered to Chicago 5/20/15: mailed I-751 package to California office
12/4/2012 - NOA1 NBC (Missouri Service Center MSC) 5/22/15: Date on NOA1
12/6/2012 - Check cashed 8/26/15: Bio appointment

12/8/2012 - Received paper NOA1 10/06/15: Received Email card was being processed
12/20/2012 - Case number showed up on USCIS website
1/29/2013 - Called USCIS and case is still at NBC
2/8/2013 - Received an Email that we were approved on 2/7/13
3/5/2013 - Told file may have been "misplaced" to email NOA2 to NCVresearch
3/7/2013 - ISO at the USCIS opened a service request to try to track down
if and when the file was shipped. Should hear something before 3/26 ( so she said)

NVC - 119 days NVC to Visa in hand
03/11/2013: NVC received (31 days from NOA2 at USCIS till received at NVC )
03/25/2013: NVC Case no. assigned
03/27/2013: Paid AOS fee (shows paid 3/29/13)
04/01/2013: AOS Sent
03/27/2013: Received IV Bill
03/27/2013: Paid IV Bill (shows paid 3/29/13)
04/01/2013: Sent IV Packet
04/02/2013:IV Packet Delivered
04/16/2013: Case Complete (37 days from received to case complete)
04/16/2013: Received Case Complete Email

05/13/2013: NVC status "In Transit"

051/20/2013: NVC status "Ready"
06/24/2013: Interview date - Orange card... wanted copy of USC passport

07/08/2013: Visa received in the mail

08/03/2013: POE



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I was told by the IRS that you don't have to claim a spouse living outside the USA in any way if they don't have ITN or SSN . She told me it didn't matter if I filed Single or head of household. That if he don't have an ITN or SSN and we didn't share an income then I could file single or head of household which ever one applied to me

The IRS phone lines are notoriously prone to giving wrong information. The information I am giving you is according to the tax laws. The information the IRS agent gave you is contrary to the tax laws.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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Filed: Citizen (apr) Country: Nigeria
Timeline

The first round of IRS phone people are directly related to the USCIS misinformation line. Go to IRS.gov and use the tool for filing status. Once you put married there is no way to file single even if your spouse in on Mars.

This will not be over quickly. You will not enjoy this.

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