Filing Single vs Married filing separately

[Molly&Juan 90]

I have read through a lot of the forum topics as to not repeat questions already addressed, but of course I just want as much clarification as possible for my situation. You consistently seem to give sound advise regarding tax questions so I thought I would send you a message to see if you could answer my specific questions.

I married my husband in Chile in December 2008 when I was still in nursing school. I have always filed as "single" on my taxes because we have no financial connection (in fact in Chile as part of our ceremony we had to state that we would have separate finances) and because, on the form it asks for SSN of my spouse, and of course he doesn't have one. From what I have read on VisaJourney I now understand that it makes sense to amend my return to "married filing separately". Our I-130 was approved on May 29, 2014 and we are now waiting for the physical NOA-2 and then confirmation that NVC received the package. We want to be as prepared as possible to make things go as quickly as possible once we get assigned a case number, so these are my questions...

1. Should I amend all of my tax returns since I have been married, or just the one I will use for the AOS?

2. If we get the case number and can begin paying the AOS and IV fees and filing more forms, should we wait the 8-12 weeks it could take for the IRS to approve the amendment to file the AOS, or should I just proceed using my 2013 Return Transcripts and plan on bringing the amended return transcript to the interview at the Embassy?

I also plan on submitting pay stubs and a letter from my employer, but obviously this is the only area that could present a problem. From what I have read it seems like its not an issue until the interview, and even then others have said that this is a common mistake for which they haven't heard of people being denied visas.

[GazaSlimaz 43]

I have read through a lot of the forum topics as to not repeat questions already addressed, but of course I just want as much clarification as possible for my situation. You consistently seem to give sound advise regarding tax questions so I thought I would send you a message to see if you could answer my specific questions.

I married my husband in Chile in December 2008 when I was still in nursing school. I have always filed as "single" on my taxes because we have no financial connection (in fact in Chile as part of our ceremony we had to state that we would have separate finances) and because, on the form it asks for SSN of my spouse, and of course he doesn't have one. From what I have read on VisaJourney I now understand that it makes sense to amend my return to "married filing separately". Our I-130 was approved on May 29, 2014 and we are now waiting for the physical NOA-2 and then confirmation that NVC received the package. We want to be as prepared as possible to make things go as quickly as possible once we get assigned a case number, so these are my questions...

1. Should I amend all of my tax returns since I have been married, or just the one I will use for the AOS?

2. If we get the case number and can begin paying the AOS and IV fees and filing more forms, should we wait the 8-12 weeks it could take for the IRS to approve the amendment to file the AOS, or should I just proceed using my 2013 Return Transcripts and plan on bringing the amended return transcript to the interview at the Embassy?

I also plan on submitting pay stubs and a letter from my employer, but obviously this is the only area that could present a problem. From what I have read it seems like its not an issue until the interview, and even then others have said that this is a common mistake for which they haven't heard of people being denied visas.

I would go ahead and start getting the amendments done. I would not submit with filing status of single since you were already married. They require the most recent year's tax return but most people send the three most recent. You can take a chance and only send the most recent one but if you think they will need the additional ones then go ahead and amend all of them. But I would definitely not send anything showing single if you were already married.

[Ryan H 3,812]

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

[mdzcpa 58]

In my opinion it depends on the rest of your evidence. I have not read a single report on this forum of anyone getting denied a visa or receiving an RFE because their tax return showed single. I believe filing single is a pretty common mistake and would suspect that the NVC and Consular Officers see it all the time. If your case is lacking in other bonafide relationship evidence it might be a good idea to amend the return and the filing itself may be evidence of the relationship.

On a side note, our immigration attorney said that a solid third of his clients make the mistake and file single. He has never seen a denial based on that. He has had a few officers ask the question during the interview but none where the appropriate answer that filing with a NRA spouse is confusing was not accepted. He does say, however, that it is very important to have good evidence of a relationship in any event.

I'm not going to advise that you do not amend your return. Obviously it is better that you do. But I am not convinced myself that it is necessary. Many folks wait until their spouse is here with an SSN, then amend.

[Molly&Juan 90]

Thanks! I was so stressed about this, but after hours of reading I could not see anywhere that it was an issue for everyone. Amending now and waiting for amended transcripts would take weeks to months that we don't want to waste. I don't think I can handle the stress! I will consult a CPA when he gets here (hopefully)!!!

Also, for the letter from my employer, they need to include (on company letterhead) my name, date of hire, their name and position, and my salary. Anything else? Also, I'm a nurse and work hourly so my yearly salary is a little different every year. Should I have them put what my salary was on my 2013 tax return? Or estimate based on my hourly rate and the hours I'm supposed to work (not including the meetings, classes, etc.)?

Thanks again for all the support! Good luck to all families out there!

[hisempress2013 1]

You make me feel some type of relief i also filed single for year 2013 was married February 2013 but preparer stated my husband is not a us resident and pay no taxes here and don't have social security number but it also makes since 2 me now too just praying the CO officer don't rule that out as a red flag

[Dave&Roza 748]

I would go thru the exercise of seeing what the difference in taxes owed between filing single and filing married filing separately does for you. If for some reason you get a bigger refund for filing MFS then I would go ahead and amend your tax return in order to get your money back. Otherwise it is just a piece of paper that states you are single when you are married. Think about all the information floating around out there these days. Did you remember to change everything to married? I kept my withholds for taxes as single until just this year do to our financial situation. I would rather have my employer take more out every two weeks than write a big estimated tax payment check each quarter. So I would not worry about it unless there is a financial windfall for changing your taxes. I would make certain your other evidence is very strong.

Good luck,

Dave

[Molly&Juan 90]

I did go through turbo tax to see what the difference would be. I usually get a pretty good return due to my substantial student loan debt/interest. But if I file married filing separately it said I wasn't allowed to deduct the interest paid on my loans and my refund immediately decreased like $2200!!! That is money I don't want to spend right now, especially because my husband doesn't contribute to my finances at all. I really couldn't believe what a difference it made.

Thanks for all of your advise. I really need to speak to an accountant when the time comes to amend or file again.

Good luck out there!

Molly