Question about joint tax return

[sunshine2014 0]

Hi I want to file joint tax return even though but my husband doesn't want me to file joint tax return as he has issue in the past with the IRS. He said that it could affect me... Is it even true?

Im guessing i will have an interview around march...

So i wonder if we need to bring the latest tax return as well?

He's 2014 1040 shows that he is single.

Do you think guys that the IO will ask why were not filing jointly?

I am just worried...

When they schedule your interview does the letter shows what particular documents should we bring to the interview?

Please advise thank you very much...

[jtaylor 8]

If you were married in 2014 for even 1 day his return should say Married filing separately or Married filing jointly. It will definitely come up if it doesn't show married and you were married before the end of the year. I can't really tell as you don't have a timeline.

[j&ana 363]

I do not know how long you have been married, but if you are married. He can not file single. He has to either file married jointly or married filing single. Regardless of what countries you both live in. Are you should it is the 2014 and not 2013 tax return he file as single. In the USA you file taxes for the previous year. So this year the filing will be for 2014. the deadline is April 15th, unless you request an extension

[Pitaya 2,577]

~Moved from Fam.-based AOS to Tax & Finance During US Immigration Forum~

~Similar topics are often discussed at this forum~

~OP: It helps everyone that uses the forum~

[N-o-l-a 7,167]

It doesn't really matter what he thinks about the issue. If he was married in 2014, he will have to filed as married. Even if he were to get away with it now, for removal of conditions it would be bad if he were filing taxes as single, not to mention illegal. Plus, there is no real tax benefit to doing it.

Edited January 30, 2015 by N-o-l-a

[Dave&Roza 748]

Hi I want to file joint tax return even though but my husband doesn't want me to file joint tax return as he has issue in the past with the IRS. He said that it could affect me... Is it even true?

Im guessing i will have an interview around march...

So i wonder if we need to bring the latest tax return as well?

He's 2014 1040 shows that he is single.

Do you think guys that the IO will ask why were not filing jointly?

I am just worried...

When they schedule your interview does the letter shows what particular documents should we bring to the interview?

Please advise thank you very much...

I am going to assume you mean his W-2 for last year--2014--has a withholding as single. The 1040 is the actual tax return and the IRS is just now starting to accept 2014 tax returns, so I doubt your husband has filed his taxes unless he did so today. The W-2 or his withholding declaration can be single or married as this impacts how much his withheld from his pay check each pay period. The only issue with this is if he claims too many deductions he can under withhold for the year and get hit with an under withholding penality. Paying too much to the government gives them a tax free loan until you claim your refund.

Married is married. To file as single when you are married allows you the privildge of paying more in taxes to the IRS now that they got rid of the marriage tax penality. So you and your husband should file as married filing jointly (MFJ) or married filing seperately (MFS). His past with the IRS needs to be taken care of as he is now married and it can affect you no matter how he or you file. Depending on the state you live in and its laws concerning property and debt you may already owe the IRS any back taxes that your husband owes. He needs to get his house in order with the IRS.

On the USCIS side of things. They will wonder why a married couple is not presenting themselves as married to the IRS. So your other evidence will need to be much stronger to show that the marriage is bona fide. I am sure they will ask why you are not filing either MFS or MFJ and you had better have a better reason then your husband has had issue with the IRS in the past.

Good luck,

Dave

[sunshine2014 0]

Thank You all for your respond...

i meant 1099 not 1040...

Yes i wanted to file jointly but he doesnt want me to...

I wonder if we file jointly for 2014 and can we change later 2015 filing separately?

Or once you file joint tax return will be the same for the next year?

Im just confuse i need to convince my husband coz I know I will need it filing for removing the conditional status...

He doesnt file his 2014 tax return I just saw the paper he put single...

[N-o-l-a 7,167]

Thank You all for your respond...

i meant 1099 not 1040...

Yes i wanted to file jointly but he doesnt want me to...

I wonder if we file jointly for 2014 and can we change later 2015 filing separately?

Or once you file joint tax return will be the same for the next year?

Im just confuse i need to convince my husband coz I know I will need it filing for removing the conditional status...

He doesnt file his 2014 tax return I just saw the paper he put single...

The 1099 is fine if it says single for now. What really matters in the 1040 saying married, either jointly or separately, for both removing conditions and legality sake.

You can change tax filing status jointly to separately from year to year as it would so benefit you.

[sunshine2014 0]

I tried to convince my husband but he insisted he doesn't want me to file joint return tax for his business reason... He said I am not liable for any of taxes he owed as long as I wont file jointly...

He want to file separately... Is this gonna matter to the Immigration officer?

[Dave&Roza 748]

I tried to convince my husband but he insisted he doesn't want me to file joint return tax for his business reason... He said I am not liable for any of taxes he owed as long as I wont file jointly...

He want to file separately... Is this gonna matter to the Immigration officer?

It really depends on the state you live in and their community laws for married or people living together. As the spouse you may already be liable for his taxes. If you get divorced the IRS can put a lien on all common property to collect the taxes. They can garnish your wages to collect his back taxes. Once the IRS knows you are married, they can come after you. They can find out from the USCIS when you complete the AOS and he lists you as his wife. If he puts you on his health insurance or lists you as a dependent using your SSN, the IRS will find you.

Once he files his return as MFS and you file a return as MFS, the IRS will know you two are married. Filing married filing seperately will not impact your immigration process. Filing as single will have a negative impact and add extra scrunity that you do not need. Let him file MFS if he thinks that will protect you from his past, but do not let him file as single as that will harm you now and in the future.

You might want to have your husband research common law property. He maybe surprised that you might already own 50% of his business.

Good luck,

Dave

[jtaylor 8]

You don't need to file jointly. You can each file Married Filing Separately. If there are tax benefits to doing this there's nothing wrong with that.

Your liability for his business taxes would depend on the type of business. If it's a sole proprietorship then it may be that you are already liable for them, it depends on your local state laws.