Tax filing status

[Compassion 0]

I am married but my spouse is in India. When i filed for tax 2013, i was told by the tax preparer that i should file with single status because my spouse is not in US plus he does not have social security number. But as i am going through some post, this should not be done. Please guide me as i have already posted my AOS and return transcripts to NVC. Worried now

[sukhi4498 1]

dont worry buddy even if u file as single there will b no problem. I did same for the year 2013 and my wife had interview on may 19th 2014 and they didnt asked her anything regarding status of filing tax. So no worries keep ur chin up gud luck

[Ryan H 3,812]

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

[Compassion 0]

Thank you so much, Sukhi ! relieved

[gwenstar 66]

Since you are married you should have filed as married/filing separately (which you know now). However it can be fixed and it will be OK! Basically there are 2 options:

(*disclaimer - I am NOT a professional - this is just stuff that I have researched a bunch!)

1. File an amended tax return (1040X) to change your status to married/filing separate. You have 3 years to amend a tax return no problem.

2. Once your spouse arrives in the US and gets an SSN you can file an amended tax return and change your status for your 2013 tax year to married/filing jointly if you want to. It can really benefit some people to file as married since the tax withholding is different. The difference with this route is that you will have to include your spouses documented income/taxes from 2013 in their country. Then your combined income in USD will be taxed on a worldwide rate (instead of the regular US rate). The US has tax treaties with other countries and there is some way that they calculate the taxes owed. There is also another form you can use in some situations to exclude the foreign spouses income from being taxed. I can give you the info I have if you want - just send me a message. Its IRS Form 2555.

Anyhow, If you go with option 2, go to a tax preparer that specializes in this type tax situation. It is worth the money in the long run to have it done correctly and it not become an issue later down the road.

As far as the AOS - they are less concerned about your filing status than they are about verifying your income. The one issue that can come up from filing as single is in regards to a bona fide marriage. It could be a red flag as to your relationship being legit or not. If you don't have much evidence of a relationship it is a good idea to have taxes amended to married. If you have plenty of other evidence of legit marriage, it probably wont be an issue at all.

If you amend your return to married/filing separate before your interview you can bring that updated information with you to the interview to show that you have/are correcting the status.

Also remember - you don't have to volunteer information or point out that you didn't file as married. If they have issue with it, they will ask and you can explain that it is an honest mistake that is or will be fixed.

Don't worry! It will work out just fine!

[Compassion 0]

Thank you, Gwenstar ! You made my brain light. Have a good day.

[pete_falcone 7]

In addition to that nice bit of advice, you could consider filing Form W-7 to get an ITIN for your wife if SS card is still unattainable.