NVC Affidavit of Support and tax amendment

[Hypnos 6,577]

so guys don't worry u can file single

Advising people to break the law is against this site's ToS.

[Sirliner 26]

Don't wait on the IRS. That's a lesson in futility. You'll be lucky if they reply at all. Take your amended one to the interview, otherwise you could be waiting forever. Been there, done that.

[Azontodance 6]

You have to realize one, you did file wrong and you need to amend that now that hubby is in US and has a SS#.

And some people are getting 221g's from CO's and they are having to amend their taxes now before they get Visa.

You are married you must either file Married Filing Separate (don't need SS#) or Married Filing Jointly (Need SS#) or Head of Household if you qualify.

You just got lucky CO didn't say anything.

NO, he did right! So don't confuse him..................... I personally went to IRS before I filed my tax this year, they told me I have to file as single until the arrival of my spouse. They said the only way to file as married to foreign spouse is if the spouse can mail them her certified Int' Passport and they will return it after 90days. If not, No offense of filing Single or Head of household in the U.S.... I didn't stop there, I booked an infopass with USCIS after IRS visit. The Officer assure me there would not be a problem filing single on my tax if married to foreign spouse.

No, CO can NOT overlooked anything that has to do with NVC Laws. Not a matter of getting Lucky, it a matter of the right thing being done. Those amending their taxes have different issues, not because of this issue in topic. #Pushbrk# is very correct.

My advise to the Poster, since you said you ve already amended your tax, I will advise to go ahead and include it. But, for future reference, you would not have any issue with being file as single.

Goodluck.

Edited June 18, 2014 by Azontodance

[rhead 8]

My husband uses married filing jointly for his 2013 tax. At nvc stage he submit w2 and itr even though i dont have itin. Along the way it wasnt processed and he was advised to refile and he will use single instead. I bring the 2013 transcript(single) incase i would be questioned. during interview the CO never even asked about it regarding that. No documents asked. Just a 1-2 minutes interview. I have known many who uses single and never had any problems. You have lots of evidence to show that your relationship is real. So it wont be any worries. They are more particular if your petitioners income can support you.

[Ryan H 3,819]

I personally went to IRS before I filed my tax this year, they told me I have to file as single until the arrival of my spouse. They said the only way to file as married to foreign spouse is if the spouse can mail them her certified Int' Passport and they will return it after 90days. If not, No offense of filing Single or Head of household in the U.S....

Whoever you spoke to at the IRS failed to mention that Married Filing Separately and writing the letters N R A (for nonresident alien) for the spouse's social security number was an option.

[Hypnos 6,577]

NO, he did right! So don't confuse him..................... I personally went to IRS before I filed my tax this year, they told me I have to file as single until the arrival of my spouse.

You are mistaken; married is married. If someone at the IRS gave you the advice you have given here, they were mistaken also.

[Nick&Diane 32]

OP we are in exactly the same position, IRS received Nick's amendment on 14th April. We just checked the status online, adjusted on 13th June, we should receive the notice within 3 weeks.

We're sitting tight to file AOS with the amended transcript.

To find your IRS tax return status, search 'Where's my amended return'.

Good luck!

[Ortolan 381]

If you're married, you've got to file either as Married Filing Singly or Married Filing Jointly. It's pretty clear-cut.

[Azontodance 6]

You are mistaken; married is married. If someone at the IRS gave you the advice you have given here, they were mistaken also.

Hypnos, No, You are the one mistaken at this point. I agreed that Married is Married, but there are Limitations to changing status without ur spouse being present in the U.S

Did you read *rhead* post? That should tell you more.... I'm sure IRS knows better!

[Azontodance 6]

Whoever you spoke to at the IRS failed to mention that Married Filing Separately and writing the letters N R A (for nonresident alien) for the spouse's social security number was an option.

You could be right. They didn't tell me about that.

[Hypnos 6,577]

Hypnos, No, You are the one mistaken at this point. I agreed that Married is Married, but there are Limitations to changing status without ur spouse being present in the U.S

I am right.

To repeat: married is married. Period. No exceptions. Do not pass Go. Do not collect $200.

Is it really such a mind-bending concept to think that if you're married then you need to file your taxes as married?

Edited June 19, 2014 by Hypnos

[bmelendez 1]

If the spouse does not live in the states and is not a usa resident or citizen, you cant claim her in your taxes. You have to file as single or head of household.

[pushbrk 13,027]

If the spouse does not live in the states and is not a usa resident or citizen, you cant claim her in your taxes. You have to file as single or head of household.

Or Married filing separately. Married really is married and the US tax code provides a "married" filing option for all married folks.

[Caryh 5,206]

Or Married filing separately. Married really is married and the US tax code provides a "married" filing option for all married folks.

Yep, which precludes you taking some types of deductions, which a single filer can take, otherwise the tax charts are the same. Its the taking of those deductions when you're actually married that can get you in trouble with the IRS, should you be audited.

Edited June 19, 2014 by Caryh

[KayDeeCee 4,894]

Hypnos, No, You are the one mistaken at this point. I agreed that Married is Married, but there are Limitations to changing status without ur spouse being present in the U.S

Did you read *rhead* post? That should tell you more.... I'm sure IRS knows better!

If the spouse does not live in the states and is not a usa resident or citizen, you cant claim her in your taxes. You have to file as single or head of household.

You can still file as married. The instructions for the 1040 tell you what to put if the spouse is a non-resident with no SSN or ITIN. You put NRA instead. It stands for Non Resident Alien.

Married Filing Separately

...

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA.”

http://www.irs.gov/pub/irs-pdf/i1040.pdf

Edited June 19, 2014 by KayDeeCee