Waiting on NVC..Need to amend Tax Filing Status

[Done526 0]

Hello. I was married in 2014 to my wife in the Dominican Republic and our CR-I is currently under review at NVC. I filed my federal taxes mistakenly as single status 2 weeks ago and included that transcript with my AOS package that I submitted on 1-31-15 to the NVC. After reading Saylins Wiki and realizing my error I filled out the Tax Amendment Form 1040x, to change my status to Married Filing Separately. I will mail this to the IRS on Monday. I would just like to verify that this is my best course of action, and I seek any other advice to minimize backlash or interview repurcussions from this. Also I would appreciate feedback from anyone who similarly amended there taxes in th manner and how this effected your process. Thank you very much.

[indhiraastacio 38]

Just gonna share my humble opinion.

I dont think it's that big of a deal. It was an HONEST mistake that you corrected immediately and at the interview you can explain just that and show them the ammended return.

[qrish n gita 1]

Did u get ur transcript already

[frias1983 2]

you cannot filed as married becuase it would ask for your spouse's ssn that you do not have yet.Just went through this while doing my taxes and my tax lady explained it to me

[qrish n gita 1]

If ur wife is not in U.S. and don't have ssn u can file married filing separately and put NRA( non resident alien) in spouse ssn box .but u have to file paper return for this as I have done mine. U cannot file electronically with this case .

[Done526 0]

The 1040x only askes for spouses info (name and SSN) if filed as joint return. Not needed for filing married filing separately. Here if link to form.

http://www.irs.gov/pub/irs-pdf/f1040x.pdf?portlet=3

Please advise me if I am correctly doing this amendment. Thank you.

Edited February 8, 2015 by skyxchef

[rin and john 71]

Did your spouse have income? If they did not make more than the foreign earned income credit allows, then you would probably get money back by amending from single to MFJ. To do this you need a SSN or an ITIN. At this point, you have three years to amend your 1014 tax year return. So unless you think it is absolutely necessary to show the correct return at the interview, I would wait for her to get her SSN and then amend to MFJ (income level dependent, of course).

Even if I needed a "married" return for the interview, I would fill out the 1040x for MFJ, mark it as "pending obtaining a SSN" and include it for the interview. Your spouse can explain the mistake and your plans to file the amended return at a later date.

[rin and john 71]

OP - see attached section on filing an amended return.

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

[GinaYCarlos 1]

My husband is here on a k-1 visa and we got married Dec 7th. We just recently filed for AOS. When we applied for a ssn for him, we werent able to bc we missed the deadline by a few days. So now we are in the waiting process and I'm sure we wont have an update before April 15th. Anyone have an idea on how I can file my taxes?

Edited February 9, 2015 by GinaYCarlos

[Oksana & Max 94]

My husband is here on a k-1 visa and we got married Dec 7th. We just recently filed for AOS. When we applied for a ssn for him, we werent able to bc we missed the deadline by a few days. So now we are in the waiting process and I'm sure we wont have an update before April 15th. Anyone have an idea on how I can file my taxes?

You can file your taxes as Married Filing Jointly, but will need to put NRA instead of SS for your spouse. And you will need to file a paper return.

Or you can contact me. I do taxes for living, so I will be able to help you.

[rin and john 71]

You can file your taxes as Married Filing Jointly, but will need to put NRA instead of SS for your spouse. And you will need to file a paper return.

Or you can contact me. I do taxes for living, so I will be able to help you.

You cannot file MFJ and declare your spouse NRA (non resident alien). To file MFJ they will either have to file a W-7 for an ITIN or get a SSN for the foreign spouse. Since they have filed AOS, hopefully they also filed for EAD. Once they have the EAD, they can get a SSN; eliminates the need for an ITIN.

[GinaYCarlos 1]

We did file for Ead but not sure if it will be processed by april 15th. Would I just file an extension?

[rin and john 71]

We did file for Ead but not sure if it will be processed by april 15th. Would I just file an extension?

I went with an extension back in 2007. Gives you until October 15th to file. Avoids the ITIN paperwork hassle.

[GinaYCarlos 1]

I went with an extension back in 2007. Gives you until October 15th to file. Avoids the ITIN paperwork hassle.

Okay great! Thanks for the help!