Husband's filing status is single and he won't amend it. (split topic)

[Jd18 0]

hi. can i ask your help regarding tax return. My husband and I got married dec. 18, 2013. he immediately went back in US after our wedding and filled for my petition. we already received our NOA2 (march 26, 2014). NVC didn't yet received our case. my husband's status in his tax return( 2013) is still single. im telling him to change it into married. but he said "no". can you suggest on what status he really need to put?.. I hope you can help me in this question. thank you so much and God bless

[Ryan H 3,812]

Post split into separate thread as poster is asking about their own situation and not replying to the OP of the other thread.

[Jd18 0]

Im sorry Ryan h. I got mistake where to post my message..

[Scott and Mhay 57]

I did the same thing when we did our petition. We got married 29 Aug 2009. For that year I just filed single since my wife's interview was on 15 april ( didn't need the new tax return at interview time). It was too much of a pain to apply for the ITIN for my wife as there is a lot of conflicting info on what is required to get the ITIN and I didn't want to paper file. After she got to the US and got her SSN I amended the tax return. I know the way I did my tax return back then was incorrect, but it worked at the time and for the timing.

As far as the filing status he could and should have used married filing separately (he shouldn't have needed an ITIN or SSN for you)...that would be the correct way to do it since the NVC will be looking at the tax returns. I don't know if it will be an issue with the NVC though as he spent the year mostly single except for the last 2 weeks or so. Hopefully someone that has had the same situation as you will reply though.

[dimples30 0]

I'll be having my interview this April 03.My husband's status in income tax return is still single.I'm a bit worried as well but i got through Nvc since we're case complete.I'll get back after my interview if it will cause a problem or not.

[merkin&regine 18]

I don't think that matters. What matters is your marriage certificate. Good luck!

[Scott and Mhay 57]

I'll be having my interview this April 03.My husband's status in income tax return is still single.I'm a bit worried as well but i got through Nvc since we're case complete.I'll get back after my interview if it will cause a problem or not.

It won't matter in your case because you won't have to use the 2013 tax return since it doesn't have to be filed until the 15th of April. although, if it was filed with the AOS, they may look at it, but I don't think it will be an issue. They will be looking at the bottom line amount he makes.