US accountant filed hubby's taxes single... interview in 3 weeks!!!

[Marie-Eve 3]

HELP!

My husband's accountant filed his taxes as single, knowing we got married in March last year, saying it was no big deal. Now, I just learned that now and I am kind of freaking out cause Saylin's NVC guide makes it very clear that taxes filed as single will be a HUGE red flag at my interview... which is coming in only 20something days!!!

I dont know nothing about US taxes, or how it is supposed to work. All I know is I need this visa to get approved! Is this accountant mistake that big of a deal or is it something I can explain at the interview? If it IS a big deal, what can we do at this point to fix it in time for my interview on May 19th???

Any ANY advice will be greatly appreciated

(Im freaking out!)

[Ketsuban 1,034]

HELP!

My husband's accountant filed his taxes as single, knowing we got married in March last year, saying it was no big deal. Now, I just learned that now and I am kind of freaking out cause Saylin's NVC guide makes it very clear that taxes filed as single will be a HUGE red flag at my interview... which is coming in only 20something days!!!

I dont know nothing about US taxes, or how it is supposed to work. All I know is I need this visa to get approved! Is this accountant mistake that big of a deal or is it something I can explain at the interview? If it IS a big deal, what can we do at this point to fix it in time for my interview on May 19th???

Any ANY advice will be greatly appreciated

(Im freaking out!)

It will 99.99999% not be a problem at all in terms of your interview. A lot of people make that mistake, and if it's questioned, answer honestly that the accountant messed up and you'll be amending it when you get there.

In terms of the IRS, if he is ever audited and it comes up, it might be an issue, but as I said, you can just amend it to a joint return when you move there and get your SSN.

[almosttheeerr 12]

hey, what you can do is file an amended tax return. In the amended version you can file it as married filing jointly. Take this amended return copy in your interview and if officer asks you why you filed single even though are married, you hand him/her the amended return you filed and explain that your accountant made the mistake and heres the amended version. I think this should be okay.

Edited April 25, 2015 by almosttheeerr

[almosttheeerr 12]

It's sad that in the world we live in today, people still don't understand this issue. There is NO LAW or ANY REQUIREMENT of any kind that married Americans file taxes jointly. Married couple are permitted by law to make their own decision to file separately or jointly. You are making an issue out of nothing. Besides, it makes no sense that if you are a Canadian Citizen with no visa or American citizenship or immigration status or anything that would even be required to file American taxes. You have no social security number, nothing. You don't file. Even regular Americans do not need to file jointly. The whole thing is a non-issue but you want to make it one.

You cannot file as single if you're married ITS A LAWWW!! Either it has to be married filing jointly or married filing separely.

[NikLR 13,227]

It's sad that in the world we live in today, people still don't understand this issue. There is NO LAW or ANY REQUIREMENT of any kind that married Americans file taxes jointly. Married couple are permitted by law to make their own decision to file separately or jointly. You are making an issue out of nothing. Besides, it makes no sense that if you are a Canadian Citizen with no visa or American citizenship or immigration status or anything that would even be required to file American taxes. You have no social security number, nothing. You don't file. Even regular Americans do not need to file jointly. The whole thing is a non-issue but you want to make it one.

You are completely misunderstanding the original post.

[Boiler 45,522]

Why?

[Marie-Eve 3]

It's sad that in the world we live in today, people still don't understand this issue. There is NO LAW or ANY REQUIREMENT of any kind that married Americans file taxes jointly. Married couple are permitted by law to make their own decision to file separately or jointly. You are making an issue out of nothing. Besides, it makes no sense that if you are a Canadian Citizen with no visa or American citizenship or immigration status or anything that would even be required to file American taxes. You have no social security number, nothing. You don't file. Even regular Americans do not need to file jointly. The whole thing is a non-issue but you want to make it one.

I know we dont have to file jointly, but my married US Citizen husband accountant had him filed his taxes as single. It is my understanding that he should have filed as married, filing separately. As a Canadian I just filed my regular good ole canadian taxes.

I understand it is not that big of a deal though, so we'll try to contact his accountant and see if it can be amended in time for me to show up with something appropriate at the interview.

[NikLR 13,227]

HELP!

My husband's accountant filed his taxes as single, knowing we got married in March last year, saying it was no big deal. Now, I just learned that now and I am kind of freaking out cause Saylin's NVC guide makes it very clear that taxes filed as single will be a HUGE red flag at my interview... which is coming in only 20something days!!!

I dont know nothing about US taxes, or how it is supposed to work. All I know is I need this visa to get approved! Is this accountant mistake that big of a deal or is it something I can explain at the interview? If it IS a big deal, what can we do at this point to fix it in time for my interview on May 19th???

Any ANY advice will be greatly appreciated

(Im freaking out!)

You'll be okay. You are not from a high fraud country where this would be a big deal.

Just breathe.

Get your husband to file an amended return after you arrive and have an SSN to make sure that his taxes were done correctly. He can amend them to married filing separately for those years.

Most accountants, tax programs, and tax companies (like H&R block) have no idea how to file a MFS return without an ITIN or SSN from the spouse so they just do it as single. Their programs that allow them to file online (like Netfile in Canada) just doesn't work well with foreign spouses living abroad without the ITIN or SSN. I would make sure to get them fixed so that he filed his taxes properly, but as for the interview, it's highly unlikely to cause an issue. If you were from a high fraud country, I would suggest having the taxes amended ASAP.

Edited April 25, 2015 by NLR

[j&ana 363]

I do not know if it will matter at interview or not

The IRs requires a married person to file married jointly, married separate or head of household. It does not matter if the spouse is in the usa or not

The op stated her husband file single which is not the same as filing married separate.

While it might not be a problem at the interview.It will be a problem with the IRS so the op husband needs to ammend his tax return

Edited April 25, 2015 by j&ana

[j&ana 363]

You'll be okay. You are not from a high fraud country where this would be a big deal.

Just breathe.

Get your husband to file an amended return after you arrive and have an SSN to make sure that his taxes were done correctly. He can amend them to married filing separately for those years.

Most accountants, tax programs, and tax companies (like H&R block) have no idea how to file a MFS return without an ITIN or SSN from the spouse so they just do it as single. Their programs that allow them to file online (like Netfile in Canada) just doesn't work well with foreign spouses living abroad without the ITIN or SSN. I would make sure to get them fixed so that he filed his taxes properly, but as for the interview, it's highly unlikely to cause an issue. If you were from a high fraud country, I would suggest having the taxes amended ASAP.

Mfs is easy you just put in NRA in for spouse ss number. The website Tax act does allow for that if a person use thier program. So there is no reason to file single.

MFj a person will need thier spouse ss number or an itin number to file

Edited April 25, 2015 by Ryan H

[apple21 953]

My husband filed single too in his tax return and it was not an issue during my embassy interview. I was approved on the spot. Don't worry about it.

[NikLR 13,227]

Mfs is easy you just put in NRA in for spouse ss number. The website Tax act does allow for that if a person use thier program. So there is no reason to file single.

MFj a person will need thier spouse ss number or an itin number to file

Not everyone uses the same websites nor care to use particular ones.

Not everyone makes under $60k to file for free through the IRS website.

It's only recently that any tax programs allowed for NRA instead of an actual number.

I think last year was the first time I had read about someone being able to do that on this forum. It's possible that some programs did it before then and I didn't read about it on VJ.

You used to have to file a paper return to get the NRA into the SSN spot.

[j&ana 363]

Not everyone uses the same websites nor care to use particular ones.

Not everyone makes under $60k to file for free through the IRS website.

It's only recently that any tax programs allowed for NRA instead of an actual number.

I think last year was the first time I had read about someone being able to do that on this forum. It's possible that some programs did it before then and I didn't read about it on VJ.

You used to have to file a paper return to get the NRA into the SSN spot.

I agree not everyone uses the same tax program and each indivual tax situation is diffrent.

However a person can file MFS using NRA for ss number thru the mail

I am sure not everyone knows how to file the taxes. but if a person is doing someone else taxes they should know if not then they should not do their taxes let alone someone else taxes. There is also instructions and google

So i still say there is no reason to file single if married

[nertilduraku 2]

i had interview in APR 15 and my wife has filled 2014 taxes as single, the embassy didnt even asked why or how or so , just chill out and enjoy, and say that you will do an amendment tax return later

[Ryan H 3,812]

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