Should I be filing taxes as single or married?

[just87 4]

I got married this past May but my wife is not here yet. I was wondering if I should be filing as single or married. 2014's w2 that I sent to Nvc says I'm single. Will it be a problem?

Edited February 9, 2015 by just87

[Frips 166]

You are married no matter where your wife is

[Gorkhali 214]

U shld file married.

U have option of MFS or MFJ

for MFJ u need itin no and for MFS u can put NRA. Discuss with tax accountant ... We are also dealing with same situation with the help of tax accountant and we decided to do MFS

[spousewaitingvisa 39]

I got married this past May but my wife is not here yet. I was wondering if I should be filing as single or married. 2014's w2 that I sent to Nvc says I'm single. Will it be a problem?

You are married. Status on your W2 doesn't matter. You can update your W4 with your human resources at your work from from single to married this year.

To file tax return before tax deadline, you have two options:

Option 1: Use MFS (married filing separately) and use "NRA" for your spouse's SSN and file it to IRS. then after your spouse arrives in US and get her new SSN, you can amend your last filing from MFS to MFJ (married filing jointly) within 3 years of your last filing.

Option 2: Use MFJ with W-7 form to obtain an ITIN (similar to SSN) for your spouse and file it to IRS. It is difficult because it requires your spouse's original passport (certified copy of your spouse's passport -- be aware some IRS agents (not all agents) demand to see original passport and doesn't accept certified copy of your passport before they give you an ITIN). It is time-consuming process. So option 2 is best. I know MFJ will help you get more tax refunds or owe less tax. You can still amend from MFS to MFJ once your spouse arrives and get her SSN.

[Ryan H 3,812]

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

[Patricia n Nathan 0]

Interesting... however, some concerns are raised by the suggestions.

Firstly, MFJ most certainly would add a tax burden on the NRA spouse. From what I understand, this would mean that if the NRA spouse has earnings abroad, they need to declare their income, assets, capital gains, etc. to the IRS - and probably pay US tax.

Even if you are retroactively changing the previous 3 filings, all of the NRA spouse's income, assets, gains, etc. (in the previous 3 years) will come under the purview of the IRS.

Secondly, ticking MFS or Single in the Filing Status. Can anyone share from their personal experience if they were rejected or put on AP, simply for putting Single instead of MFS? And for that being the only reason for the Officer to suspect fraud.

In our case, when my USC spouse joined a new firm last year they filled the W4 (Employee's Withholding Allowance Certificate). In that form the IRS clearly mention "If married, but legally separated, or spouse is a nonresident alien, check the “Single” box", and so we checked the "Single" box.

We were in a bind when filing the 2014 Tax Return as to what to put in the Filing Status. We only got married last year, so this is the first time we were having this issue. I was against MFJ, as I had only been in the US for less than 40 days last year and was not interested in paying unnecessarily additional tax. My spouse initially tried to file under MFS, but could not do an e-filing without providing the NRA spouse's SSN. So, we decided to put Single on the 1040, basing our decision on the directives given by the IRS on the W4.

Now, in no way do I suggest our course of action as being the correct one. We would consider amending the 1040 (plus, State returns) if we encounter a trend or come across a fact that immigration visas have and are being denied solely on the basis of the USC putting Single in their Tax Return.

As for me, I will carry a sample W4 form to the interview. And if questioned, I feel I can argue our decision. Many people might not feel confident in doing so, and that is perfectly justifiable. After all, these Officers are required to scrutinize documents and facts to weed out fraud cases.

[Moustafa/Crystal 65]

I would suggest filing married filing separately and put NRA for social security number. You cannot e-file if you choose this route. You have to file by mail. Next, if you made a mistake and filed single when it should have been married filing separately in the previous year just amend last year's tax return. We all make mistakes. All we can do is correct the msitakes as we become aware of them.