I-130, husband filed his tax as single

[anly8872 25]

I have the same problem too and I am keep on asking my husband to fix it asap before its too late. first is fill out the form 1040x to amend and what other forms to fill-out? Thanks?

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[christeen 966]

If you are married you must file married... Doing anything g else is wrong... File the 1040x if no SSN# or itin, you file MFS and put NRA in the spouse SSN box... Do g this you must physically mail the return, you cannot exile (unless they recently updated the software).

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.

[jjep.com 4]

my husband doesnt believe in me, she believes in what the tax lady said that it's ok to file single \, then when we arrive in US and got our SSN then he can amend it asap! dont know what to do now! because his friend got interviewed on april 3,2014 on F2-a route, filed single on his tax but didnt got any issue on nvc as well as USEM..

[Sado 0]

im in the same situation. now if im gonna amend it my self using form1040X. how to correctly fill it out. I seen the instructions but still am not sure of doing it my self correctly. ive tried two tax preparers to have it amended but only to be told to leave it at single. I kinda argued but only to be told its ok. very frustrating

[jjep.com 4]

im in the same situation. now if im gonna amend it my self using form1040X. how to correctly fill it out. I seen the instructions but still am not sure of doing it my self correctly. ive tried two tax preparers to have it amended but only to be told to leave it at single. I kinda argued but only to be told its ok. very frustrating

yes very frustating in a way that how long it takes to correct everything, our papers is going to NVC in any day! all the best

[EarlyMorningHours 4]

I'll offer up this bit of advice as well. If you had your taxes professionally prepared make sure you double check everything. The half wit nincompoop I hired, who ostensibly is an international tax specialist, had me filing single and then claimed he thought I got married in 2014?!? Why the hell would I be paying this idiot the outrageous amount of money I am paying him if I was filing a plain and simple single tax return? Anyway, I just discovered this critical error about 3 hours ago and I'm still a bit volatile so I'm going to stop typing now.

[Nepali Gurkha 0]

I am in the same boat. I filed as single. Now i want to amend it. I went to H n R block and they told me to get ITIN number and there is not any other way and i will also get a bigger refund as filing as joint. The way the lady told me was it takes the same amount of time to get the ITIN number and the amended return back. About 8 weeks altogether. So might as well do MFJ. Reading posts here in visa journey tells otherwise. Any suggestions?

[EarlyMorningHours 4]

I am in the same boat. I filed as single. Now i want to amend it. I went to H n R block and they told me to get ITIN number and there is not any other way and i will also get a bigger refund as filing as joint. The way the lady told me was it takes the same amount of time to get the ITIN number and the amended return back. About 8 weeks altogether. So might as well do MFJ. Reading posts here in visa journey tells otherwise. Any suggestions?

This is how it was explained to me. If you want to file MFJ your spouse needs to go to the US Embassy and get a certified photocopy of his/her passport and then you need to do a W-7 (I think) and will need that legal photocopy in order to get the ITIN. The whole thing sounded like a complete mess to me and would involve my wife riding on a train for 5 hours in each direction in order to visit the embassy - which requires an appointment and even then they make non US citizens stand outside in the cold for a couple of hours before being let for the security check, then wait outside again in the cold/rain/snow until being let in to the main building. I just decided there was no way I was going to ask her to go through all of that so I could save a little on my return.

[gwenstar 66]

This is how it was explained to me. If you want to file MFJ your spouse needs to go to the US Embassy and get a certified photocopy of his/her passport and then you need to do a W-7 (I think) and will need that legal photocopy in order to get the ITIN. The whole thing sounded like a complete mess to me and would involve my wife riding on a train for 5 hours in each direction in order to visit the embassy - which requires an appointment and even then they make non US citizens stand outside in the cold for a couple of hours before being let for the security check, then wait outside again in the cold/rain/snow until being let in to the main building. I just decided there was no way I was going to ask her to go through all of that so I could save a little on my return.

Yes - this! Such a pain for many people to go that route. I ended up doing MFS and will amend once my husband is here and has his SSN. Yeah sure a bigger return at the moment would be great for moving costs....for me though, still not worth the hassle and frustration to try and file jointly for 2013. I look forward to getting that extra $ whenever I amend

You have 3 years to amend taxes with the 1040X, so if you filed incorrectly, you do not * need * to amend immediately and request an ITIN. However, when you are trying to get a spousal visa everyone should be filing as married since that is your legal status. You will have to mail in the form (no e-file) and you put "NRA" where the SSN or ITIN would go. HR Block - you can enter all your information into their system, you answer why your spouse does not have their ssn/itin and at the end it auto populates "NRA". You then print that from out and mail it to the IRS.

The ITIN # is supposed to be applied for with the 1040 filing MFJ you attach W-7 form along with a original documents/or documents that have been verified by consulate. As another poster mentioned - it could take up to 8 weeks just to get the ITIN, so....at this point (depending on where someone is in the process) it might be easier just to wait for the SSN and amend.

I am not a tax person - this is just the info that I have found and some advice from a CPA at my work (who does not work as a tax preparer but has some experience)

[Jenny_USCIS 27]

U know what. Good question bc I got married on Dec 10th, 2013. And I filed (turbotax) at the end of January. I answered everything honestly but bc my husband doesn't have a social security # I didn't get far. So I just made it no in the system but I'm wondering too now, is this going to affect our petition when it's sent to NVC?

I heard from somebody else if you are the only sponsor, they will look at your return and ask why you filed as single if you were married during the tax year.

I filed as single, and I just did an amended return to avoid any problems from NVC. you only can file MFS if your spouse doesn't have ITIN or SSN, the rate is same as single, only status changes. but if he does have ITIN or SSN, you can choose between MFS or MFJ. Hope this helps.

[Nepali Gurkha 0]

Thanks, very good information. i decided to amend as MFS, It is too much of a hassle to get the ITIN number.

On the form 1040x, Do i just change the status as MFS and everthing else stays the same??

What about exemptions, Do i just include me as an exemption?

[Jenny_USCIS 27]

Thanks, very good information. i decided to amend as MFS, It is too much of a hassle to get the ITIN number.

On the form 1040x, Do i just change the status as MFS and everthing else stays the same??

What about exemptions, Do i just include me as an exemption?

If you are just filing as MFS, everything else will be the same. you only can take yourself exemption. hope it helps! =)

I just amended mine yesterday. Simple but it could be simpler if we just filed as MFS at the first place instead of amending it.

[Nepali Gurkha 0]

If you are just filing as MFS, everything else will be the same. you only can take yourself exemption. hope it helps! =)

I just amended mine yesterday. Simple but it could be simpler if we just filed as MFS at the first place instead of amending it.

My case just got transferred to NVC. Waiting on them to get it. If i amend my tax return now, can i still send the tax return that i filed as single to the NVC while my amend is pending?

[Jenny_USCIS 27]

My case just got transferred to NVC. Waiting on them to get it. If i amend my tax return now, can i still send the tax return that i filed as single to the NVC while my amend is pending?

Mine got transferred to NVC on April 1. Then I heard someone was talking about this issue.

So this is what I think, when you send in your 2013 tax return to NVC, attach the whole package for your amended return, when you send in your 1040x to IRS, you have to attach 1040x, corrected 1040, and original 1040; and you have to put heading on the top. put "AMENDED" on 1040x and new version (corrected) 1040; and put "ORIGINAL" on the old 1040. and I did a little letter to the IRS to ask them to stamp the receipt (letter) and return it to me with the stamped envelope provided. That stamps from IRS shows they received your 1040x and it is in process.

And on AOS instruction, they accept either transcript or your 1040 with your form w-2.

after you send in your 1040x, check your status.

http://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1

I think by the time your interview comes, your amended return is done. then you can bring the transcript to the interview.

But sometimes 1040x can take shorter, sometimes longer... Good luck!