Filed Taxes as Single

[Iamokay 3]

I had my taxes done by a professional and he filed as single because my wife is not in this country. Will this be an issue when I submit my tax returns? I got married late in December 2013.

Thanks.

[Hypnos 6,576]

Yes, probably.

[Ketsuban 1,034]

Depending on your country's consulate, it could, or it could not be a problem. Really, you should have filed Married Filing Separately if you were not planning to include your wife in your tax return. H&R Block allows you to do this online while leaving your spouse's SSN field blank.

[Iamokay 3]

so what are my options? How can I fix this?

[Iamokay 3]

Depending on your country's consulate, it could, or it could not be a problem. Really, you should have filed Married Filing Separately if you were not planning to include your wife in your tax return. H&R Block allows you to do this online while leaving your spouse's SSN field blank.

I should but I trusted tax professional. I did my own taxes last year but because I am going through immigration I decided to go through someone professional.

Edited February 17, 2014 by Iamokay

[Mina90 134]

so what are my options? How can I fix this?

You're married, so filing single wouldn't seem appropriate now would it? To fix this, you can file an amended tax return (1040X) and change from Single to Married Filing Separately since your spouse is not here with you at the moment. This will allow you to put NRA (non-resident alien) in place of the section where it asks for spouse SSN or ITIN (which your spouse most likely does not have yet).

I've noticed a lot of tax accountants tell people to file single even when they are married if their spouse is abroad although this is not what they should be advising people. It wasn't your fault, the tax professionals don't know any better since most of them are not aware of how immigration can be affected by this.

Edited February 17, 2014 by Mina90

[Iamokay 3]

Thank you guys for your help. The entire reason I went to a Professional was to avoid any issues. The good thing is that its only been a month since I've received NOA1 and I have plenty of time to correct this.

[Lisa & Carlo 0]

I am a USC and I was told you can no longer file married filing separate and write NRA in spouses SS# or leave it blank. My tax person was not happy I wouldn't just file head of household (I qualify) so she could electronically file. My tax person told me to file MFS I need to request a W7 or ITIN number for my Non Resident Alien (NRA). Also send original passport or Certified copy of birth certificate sounded like a disaster. This route takes time for an approval and your taxes are not filed until approval.

The other option was to count my NRA income abroad with mine, both sign a letter...I thought this was ridiculous.

I rescheduled to weigh more options and enquire.

[Ketsuban 1,034]

I am a USC and I was told you can no longer file married filing separate and write NRA in spouses SS# or leave it blank. My tax person was not happy I wouldn't just file head of household (I qualify) so she could electronically file. My tax person told me to file MFS I need to request a W7 or ITIN number for my Non Resident Alien (NRA). Also send original passport or Certified copy of birth certificate sounded like a disaster. This route takes time for an approval and your taxes are not filed until approval.

The other option was to count my NRA income abroad with mine, both sign a letter...I thought this was ridiculous.

I rescheduled to weigh more options and enquire.

You only need to get an ITIN for a foreign spouse if you plan to file jointly. Filing separately does not require anything from the spouse other than basic details (e.g. their name, DOB)

H&R Block allows e-filing of a MFS return even if the SSN is left blank. After you leave it blank, you are able to inform it that your spouse is an NRA. It went through no problem for my husband even though he owed them $45 (doh!).

I think you need to find a new tax accountant who knows what they are talking about.

[Iamokay 3]

You only need to get an ITIN for a foreign spouse if you plan to file jointly. Filing separately does not require anything from the spouse other than basic details (e.g. their name, DOB)

H&R Block allows e-filing of a MFS return even if the SSN is left blank. After you leave it blank, you are able to inform it that your spouse is an NRA. It went through no problem for my husband even though he owed them $45 (doh!).

I think you need to find a new tax accountant who knows what they are talking about.

So I talked to my tax accountant and he amended my wife's name and I will be mail it IRS. My questions is will the NVC question why I didn't file married to begin with? Can I write an explanation letter saying that it wasn't my fault but this is what I was told by my tax accountant?