Income tax return issues...urgent advice needed plz

[myao 15]

i had the same issue.. i was told my spouse is a non resident and should file single. however, because my husband has been here and worked for a certain time, we managed to file married filling jointly.. (he has SSN) we treated him as a resident alien...

[Nkkystel 8]

Thank God I found this thread.

Pls house, my hubby filed as single. He said tax agent said filing as married is criminal since am not in the US, that he cannot claim me as dependent.

Pls, what do we do.

[Youbac 0]

Hey guys, I need your help!

So i got married on 12/01/2014. My wife filed tax on january, by that time I didnt have SSN, so she file as head of household since she has a daughter from previous relation, and she didnt add me as a dependent.

My AOS interview is coming up next month, is this gonna be a problem for me?

[Nich-Nick 3,354]

Hey guys, I need your help!

So i got married on 12/01/2014. My wife filed tax on january, by that time I didnt have SSN, so she file as head of household since she has a daughter from previous relation, and she didnt add me as a dependent.

My AOS interview is coming up next month, is this gonna be a problem for me?

This is my opinion--

USCIS is looking to see if she has a tax return and her income. I don't think they will be enforcing income tax rules as that is not their job and the person may not know much about tax law anyway. He doesn't work for the IRS.

If your interview was with an IRS agent about the taxes, then they would probably know she didn't qualify for HOH since she was married in 2014 and her husband lived with her. She can file a 1040x amended return if she wants to get straight with the IRS. You could take a copy of the amended return to your interview.

[NikLR 13,230]

Thank God I found this thread.

Pls house, my hubby filed as single. He said tax agent said filing as married is criminal since am not in the US, that he cannot claim me as dependent.

Pls, what do we do.

Tax guy is wrong. Your husband should ammend to taxes to married filing separately. He will not claim you as a dependent.

Hey guys, I need your help!

So i got married on 12/01/2014. My wife filed tax on january, by that time I didnt have SSN, so she file as head of household since she has a daughter from previous relation, and she didnt add me as a dependent.

My AOS interview is coming up next month, is this gonna be a problem for me?

HOH should be fine.

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

Edited April 26, 2015 by NLR

[Nich-Nick 3,354]

HOH should be fine.

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

The reason I think HOH is not appropriate:

"You are considered unmarried if a spouse did not live in the home during the last 6 months of the year..."

He entered the US in August and was married on Dec 1, so I am assuming he lived in the home in December. She was married and had a husband living in her home

HOH works for those who are married but their spouse is in another country and never a resident in the home during the time frame July to December.

Edited April 26, 2015 by Nich-Nick

[NikLR 13,230]

The reason I think HOH is not appropriate:

"You are considered unmarried if a spouse did not live in the home during the last 6 months of the year..."

He entered the US in August and was married on Dec 1, so I am assuming he lived in the home in December. She was married and had a husband living in her home

HOH works for those who are married but their spouse is in another country and never a resident in the home during the time frame July to December.

Oh yes! I forgot that part. Thanks! You're right.