filling as single in my tax return

[benzman 0]

good morning

since i came to USA i filled my tax as single but i am married and my wife is in my country under immigration process

i asked my accountant and he said since your wife is their in her country there is no need to file as married

so i filled as single and my case now is in the NVC and i don't know what gonna happen during this process and what the consular officer will say to my wife during her interview

please help

thank you

[JohnR! 5,495]

good morning

since i came to USA i filled my tax as single but i am married and my wife is in my country under immigration process

i asked my accountant and he said since your wife is their in her country there is no need to file as married

so i filled as single and my case now is in the NVC and i don't know what gonna happen during this process and what the consular officer will say to my wife during her interview

please help

thank you

Contact our CPA and amend your status on your tax returns to 'married filing separately'. At some point you will be required to submit a I-864 for your wive, at which time you will need to show your tax returns or transcripts. You can't file taxes as single, all the while applying for immigration benefits based on marriage.

Just amend your tax returns. It is not complicated.

Good luck.

[benzman 0]

yeah i contacted my accountant he told me that as long as my wife is not here in US and has not any us documents or numbers you can't file as married

he told me you have to file as single and once she get her visa and come to US then and only then you can file as married

he was totaly sure of that,he told me the immigration service know that

he told me how can you file as married and you wife not here to sign her part in the tax forms

i really don't understand that

i already send my tax form to NVC AND MY IV package and now we are waiting from the case to be completed

thank you

[Darnell 8,479]

there is another path, i'll suggest to you that your cpa/accountant not know of it.

[benzman 0]

But why the USCIS approve my petition and then NVC says nothing about that they never mention this to me

If it is a problem they will certainly deny my petition or ask me to correct the whole form which they did not

Something strange here

Thank you

[Darnell 8,479]

none of that is strange.

different, but not strange.

[benzman 0]

Yeah that's true but why they did not mention that in the beginning ?

[dwheels76 5,469]

Yeah that's true but why they did not mention that in the beginning ?

Because its not their job to advise you how to file. If you are married you are legally suppose to file marred either separately (you need no Social security number) or Jointly (you need SS# or Tax ID number for spouse).

Its one of the best evidence of co-mingling finances. And filing single is a red flag also.

Once she is here and gets ss# you amen your taxes (you can do 5 years back) and maybe even get a nice refund. I know someone on VJ did it and got back over $15,000 when wife got here.

USCIS has nothing to do with your income tax filing. NVC will expect your AOS and no its not their job to reject your documents because you filed single. However a CO at embassy may give her extra scrutiny on why you are filing single when you are married.

Most tax/account folk are clueless as to how to file when the spouse is foreigner and that's a shame.

[benzman 0]

Yeah you are totaly right but may be each case is different I won the lottery and then I get my green card and I have just finished 2 years in the US now I have just 2011 and 2012 tax

That is why my accountant said to me you better file as single because you enter the US as single and you can't change that once U get to the US

U see what I mean it is totaly different from one case to another in their system you are single and if u file as married that's a fraud

My accountant was right never ever change u marital status till they change that in their system

Thank you

[Darnell 8,479]

can file as married IF the foreign spouse has an ITIN .

We've been filing that way for 3 years now, and she's not step foot into the USA.

Getting an ITIN when the foreign spouse is overseas is not an easy process, but it's worth it.

I think it's a bit late for you to try seeing as the casefile is already at NVC.

If she's approved at the IV unit on interview day - cool !

When she arrives and gets a SSN, then you two can file amended returns, see if there's a larger refund on you.

Good luck.

[benzman 0]

I hope so this process make me sick

Thank you for your help

I will let you know the result after all that

[aaron2020 11,651]

Your accountant is an idiot. What's his degree? Is this person an accountant or a tax preparer - big difference.

Does he know that a foreign non-resident spouse can get an ITIN to file a joint return with a US taxpayer spouse?

To file as single, a person must not be married or is legally separated on Dec. 31st.

Your husband should not have filed as single since he was married and the two of you were not legally separated. He should have filed as married filing separately.

Go get a real accountant. Don't listen to this dummy.

Edited June 20, 2013 by aaron2020

[benzman 0]

Yeah it is not just one accountant that I have asked in 3 different accountants I am not a US citizen I an just green card holder

I just asked him he told me you can't do that unless u came to US AND THEN get married but I got married before I came to US but after I get the visa

U see what I mean I think that he is 99% right but I will call the NVC and ask them about my case

Just to make sure that every case is different

Thank you

[aaron2020 11,651]

Yeah it is not just one accountant that I have asked in 3 different accountants I am not a US citizen I an just green card holder

I just asked him he told me you can't do that unless u came to US AND THEN get married but I got married before I came to US but after I get the visa

U see what I mean I think that he is 99% right but I will call the NVC and ask them about my case

Just to make sure that every case is different

Thank you

How did you get your green card? Did an LPR or USC parent petition you?

[benzman 0]

I already mention that I won the lottery 2011 I have just completed 2 years in US now

It is totaly different case for some green card holder

Even in my w2 forms the employer hire me as single and when I told them that I am married tey told me you are married in you country not here ,it means your spouse is not here and hence you are single

It is what it is many people just give themselves a lot headache for nothing

Thank you