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[Jeremy12095 8]

Ever since I have been married I have filed MFJ. This was before my wife even came to the USA. I had to file a return by mail and file a w-7 with it so she can get the ITIN ( SSN equivalent for the irs) and claim her foreign earned income which was $0 anyways. When my wife came to the USA we had to send a copy of her SSN card to the IRS with her ITIN number so they could delete the ITIN and update her tax file to show her new information. The great part was going to the embassy for the interview with a tax transcript showing a MFJ tax return and her added on my USA bank accounts and Ecuador bank accounts.

Some times the people at the tax prep agencies aren't CPA's but may be managed or over sighted by a CPA. When in doubt always call your local CPA or ask to speak with the CPA at those tax prep places and they would be more than happy to give you advise over the phone.

[islandgirl80 28]

Ever since I have been married I have filed MFJ. This was before my wife even came to the USA. I had to file a return by mail and file a w-7 with it so she can get the ITIN ( SSN equivalent for the irs) and claim her foreign earned income which was $0 anyways. When my wife came to the USA we had to send a copy of her SSN card to the IRS with her ITIN number so they could delete the ITIN and update her tax file to show her new information. The great part was going to the embassy for the interview with a tax transcript showing a MFJ tax return and her added on my USA bank accounts and Ecuador bank accounts.

Some times the people at the tax prep agencies aren't CPA's but may be managed or over sighted by a CPA. When in doubt always call your local CPA or ask to speak with the CPA at those tax prep places and they would be more than happy to give you advise over the phone.

Thank you. I am going to fill out the form and I will send it to him but it should be notarized right? Since that I can't apply personally.

[islandgirl80 28]

Yeah, you can fix it. File the amended tax return … IRS Form 1040X.

Do you have a copy of his single tax return? If so, take the data and recalculate the tax as MFS … if there is a lower tax liability (i.e., greater refund potential), then you can point it out to him that his tax lady is costing him a lot more than the preparation fee … it's (potentially) costing him unnecessary additional tax dollars … and since you now know more about taxes, you'll be handling the tax returns in the future. Ha!

Thank you and seriously, my husband is busy with work and school so I am the researcher..lol.

[islandgirl80 28]

My husband file single ever since we are married. We ask the person filing his taxes about our situation and he said it's okay to file as single and we can Amend it after I get my SSN and no problem with the process. As of this time I am waiting for my interview.

oh ok. Thank you

Ever since I have been married I have filed MFJ. This was before my wife even came to the USA. I had to file a return by mail and file a w-7 with it so she can get the ITIN ( SSN equivalent for the irs) and claim her foreign earned income which was $0 anyways. When my wife came to the USA we had to send a copy of her SSN card to the IRS with her ITIN number so they could delete the ITIN and update her tax file to show her new information. The great part was going to the embassy for the interview with a tax transcript showing a MFJ tax return and her added on my USA bank accounts and Ecuador bank accounts.

Some times the people at the tax prep agencies aren't CPA's but may be managed or over sighted by a CPA. When in doubt always call your local CPA or ask to speak with the CPA at those tax prep places and they would be more than happy to give you advise over the phone.

Thank you

Tell him to seek several other opinions of other tax preparers.

Ok. Thank you

My husband file single ever since we are married. We ask the person filing his taxes about our situation and he said it's okay to file as single and we can Amend it after I get my SSN and no problem with the process. As of this time I am waiting for my interview.

Where do you live? Do you think they will question that to the interview? Why he filed single? Well, please get back at me when you had the interview please.

[Jeremy12095 8]

He will need a copy of your foreign passport and the W-7. On the amended tax return 1040X he will simply add you and under the SSN area leave it blank and include the w7 application. Be sure to send your tax return to the address provided on the W-7 not the 1040X because its a different place you send to. You will have to claim your foreign earned income if you have any if not then don't worry about it. It takes several weeks for the IRS to update it but once its processed you can order a tax return transcript for free online irs.gov and it will show MFJ. Just remember when you get here and get your SSN you need to write the IRS and give them a copy so they can update their records.

Now after 3 years of being a LPR in the USA( technically 90 days earlier) you can apply for the N-400 and they will require copies of your past 3 years tax returns. I read a form on VJ that the immigration officer made the couple amend their tax return because one of the years the husband claimed single. The only benefit now of amending would be extra proof for the consulate and maybe a lower tax bracket for your spouse. It wont affect your N-400 since your not a LPR yet but its still good to start a paper trail and your husband going through the hoops to fix his return and get you the ITIN shows he cares ...

Good luck on your future here in the USA. Hope you don't move to a cold place like upstate ny.. Brrr its cold up here.

Edited March 13, 2014 by Jeremy12095

[Mina90 134]

Now I am worried. Can we still fixed this right? He filed it last month.

No need to worry. Here is the form you need to amend the tax return: http://www.irs.gov/pub/irs-pdf/f1040x.pdf

You have 3 years to amend a tax return, so you are fine. This is a common error that many people make, including myself, and it's quite easy to fix.

[mirian&john 1]

The tax lady that does my husband's tax also told him he could not claim me (since I don't have a ssn), but he has been filling as "Head of household", since we have a daughter who he can claim. Reading this post, is making me wonder and worried. Do you guys think I'm in the same situation as OP and I should ask my husband to amend the tax return? (we are about to send our AOS next week or so)

[islandgirl80 28]

The tax lady that does my husband's tax also told him he could not claim me (since I don't have a ssn), but he has been filling as "Head of household", since we have a daughter who he can claim. Reading this post, is making me wonder and worried. Do you guys think I'm in the same situation as OP and I should ask my husband to amend the tax return? (we are about to send our AOS next week or so)I

I am asking my husband to amend it asap. I do not want any stress in the future. I do not know about your case. Are you in the U.S?

[mirian&john 1]

I am asking my husband to amend it asap. I do not want any stress in the future. I do not know about your case. Are you in the U.S?

Yes, I am in the US and preparing the adjustment package to be send soon. I have been reading and my husband cannot claim me until I am admitted to the US as a resident, and it is what the tax lady said. So, I guess, we are fine... and so do you.

[islandgirl80 28]

Yes, I am in the US and preparing the adjustment package to be send soon. I have been reading and my husband cannot claim me until I am admitted to the US as a resident, and it is what the tax lady said. So, I guess, we are fine... and so do you.

I see to your timeline that you got your I-130 approved. Congrats. The tax freaked the hell out of me last night. Yeah, we will amend asap. Just worried that it might affect to my interview here. How many months before your I-130 got approved?

[Mike-eeh and Odie 193]

You can both declare Single 0 on your W-4 and at the end of the year file jointly, you will get a much bigger return.

[JnRMo 16]

Can we still fix this? I told him but he never listen to me. He listen to the tax lady because that is her job.

Unless he's going to an actual accountant, a lot of these tax preparers work part time around tax season and have very little training.

[jacqueline6001 8]

When I went to a local office they advised me that I could file single since my husband is not here yet and then amend it after his arrival.

[NikLR 13,227]

The tax lady that does my husband's tax also told him he could not claim me (since I don't have a ssn), but he has been filling as "Head of household", since we have a daughter who he can claim. Reading this post, is making me wonder and worried. Do you guys think I'm in the same situation as OP and I should ask my husband to amend the tax return? (we are about to send our AOS next week or so)

Does your child live with the USC? I believe they need to live with whomever is filing HOH to qualify for at least half the year.

Were the requirements met according to http://www.irs.gov/pub/irs-pdf/p501.pdf ??

Either way, if he can claim HOH that is okay. The options for married couples are: married filing separately, married filing jointly, and head of household (with qualifying household member.)

[NikLR 13,227]

When I went to a local office they advised me that I could file single since my husband is not here yet and then amend it after his arrival.

That is incorrect. You are married.

You need to write NRA in the SSN spot for married filing separately, and mail the return.

OR

You can apply to have an ITIN for your husband with a W7 form and file married filing jointly. This is a lot more complicated but often saves people a good deal of money.

However if your husband makes a lot of money in a year, (over $97k) he would have to pay US taxes on it as well, so this may not be ideal for couples who's spouse makes a lot of money in a year.