2013 tax filed as single but we got married December 2013

[anikkandtim 15]

Im reading about the NVC process in vjwiki. This caught my attention:

As the petitioner, what filing status do I use for my tax returns?

You have three options: married filing separately (MFS), married filing jointly (MFJ), or head of household (HOH).

For HOH, there's some criteria you need to meet to be able to use this. Please see the IRS website for more information. For most people though, it's either between MFS or MFJ.

Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial.

We got married on December 21,2013.when my husband file tax return he put under filing status as SINGLE. Would that be a problem during our interview? It says in vjwiki,it could be a reason for denial?

[JohnR! 5,495]

That should be a problem because he signed the I-130 to petition for you based on marriage. Having said that, all he need do is amend his 2013 return to either MFJ or MFS (Married Filing Jointly or Separately) whichever case applies and is more advantageous to your situation.

Good luck!

[Pitaya 2,577]

~Moved from IR1/CR1 Process to Tax & Finances During US Immigration Forum~

~Inquiry about MFS vs. MFJ

[dnp2014 44]

Im reading about the NVC process in vjwiki. This caught my attention:

As the petitioner, what filing status do I use for my tax returns?

You have three options: married filing separately (MFS), married filing jointly (MFJ), or head of household (HOH).

For HOH, there's some criteria you need to meet to be able to use this. Please see the IRS website for more information. For most people though, it's either between MFS or MFJ.

Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial.

We got married on December 21,2013.when my husband file tax return he put under filing status as SINGLE. Would that be a problem during our interview? It says in vjwiki,it could be a reason for denial?

Regarding tax filings.... marital status is defined for tax purposes only.. IRS don't care if you are married and filed as single as long as you are showing your income and deducting allowed expenses.. but they can catch you if you choose married filing separately for the first few years then change to marriage filing jointly.. many tax guys advise to the big earners to file separately in order lower the tax rates ... but if you want to show tax filings as prove for your marriage then file jointly...

In your case with my personal experience you really don't have to worry about it because you were married end of the year and you didn't earn any thing in US. I just helped 2 of my friends who were married middle of 2013. both of their spouses were immigrated in July 2014.

[anikkandtim 15]

Regarding tax filings.... marital status is defined for tax purposes only.. IRS don't care if you are married and filed as single as long as you are showing your income and deducting allowed expenses.. but they can catch you if you choose married filing separately for the first few years then change to marriage filing jointly.. many tax guys advise to the big earners to file separately in order lower the tax rates ... but if you want to show tax filings as prove for your marriage then file jointly...

In your case with my personal experience you really don't have to worry about it because you were married end of the year and you didn't earn any thing in US. I just helped 2 of my friends who were married middle of 2013. both of their spouses were immigrated in July 2014.

So watch do we need to do?im getting stress about this?

[JohnR! 5,495]

There is nothing you can do. Your husband must amend his taxes and change his filing status from single to MFS - married filing separately.

Here is the IRS website where you can obtain the correct information for your question.

http://www.irs.gov/uac/What-is-My-Filing-Status%3F

Good luck!

So watch do we need to do?im getting stress about this?