New Member in need of emergecny advice - POSSIBLE INTERVIEW ISSUE

[Real Time 0]

I am a U.S Citizen and for the past 10 or so years, I have filed as "Head of Household." Well, I just file my 2015 taxes and again, as always, I filed as "Head of Household" even though I am married. I opted to file as such because my wife, as of yet, does NOT have a visa nor is she a contributing member to the tax process of the United States because, as far as the U.S is concerned, she is NOT in their country as yet. So, she sent me this that she saw some place here on VJ:

"I do not know if this is new for 2015, but it is great news for 2015 filers. As per IRS 2015 Pub 17 page 22. (middle of the page. just above the Special Rules sub-title). We can file MFS (Married Filing Separately) and claim the exemption (money) for our NRA (Non resident alien)spouse. Just three conditions are needed: 1. Spouse does not have any gross income in 2015. 2. Spouse is not claimed as dependent by other person besides you. 3. Spouse does not file 2015 Income tax return. This can represent a big chunk of money extra in your IRS refund. ( $ 1000.00 in my case) Disclaimer: I am not a tax lawyer, consult with your tax preparer or do it at your own risk."

I was NOT aware of this and now that I am reading it again as I type, it does NOT seem it poses an issue for us getting that visa, but I may have prevented us from getting some extra money.

Is/was anyone else aware of this? My tax preparer did not mention any of this to me and now I might have to amend that tax return which now means the dreaded snail mail.

Her fear, was ONE had something to do with the other (filing as "head of household" will cause an issue at the interview process because I am married). Does anyone else get that idea? Appears this has more to do with the IRS giving allowance to get some extra money and NOT and issue with the Embassy wanting to see me with tax papers saying I am filing as married when the person I am married to does not have a social security number as yet.

Thoughts?

[Russ&Caro 1,549]

Is your wife living with you in the US, or waiting in Colombia for approval of the visa?

Either way, you can file this year's tax returns and previous tax returns for years in which you were married as Married Filing Jointly (MFJ). It shouldn't impact the visa process. If she is living abroad, you'll have to include a declaration of spouse as non-resident with your return. You'll also have to apply for an SSN or ITIN before the Feds give you the full refund.

As an example, if you married in December 2013, then you would be able to file as MFJ for 2013, 2014 and 2015. You don't have to be married for a full year to take advantage of this status.

[Darnell 8,478]

mfs? i dunno.

mfj? absolutely ! I suggest you two go this route, instead !

it will be a paper return, including an IRS form W-7 with stuff matching the ID requirements, plus a signed letter by your spouse and you clearly stating that for Tax Year 2015 you two elect for her to be treated as a resident alien for tax purposes.

Nothing electronic on this, either. You may or may not get electronic direct deposit - it may come back as a paper check with both of yer names on it.

[Pitaya 2,577]

Welcome to the forum.

[Real Time 0]

She lives abroad. Married in March of 2015.

So, while i can amend to possibly get back more money, if I leave the return as is, does it affect the outcome at the interview? I can amend and take that amended return to the interview and worry about the money later I take it?

Oh, thanks!

[Russ&Caro 1,549]

She lives abroad. Married in March of 2015.

So, while i can amend to possibly get back more money, if I leave the return as is, does it affect the outcome at the interview? I'm pretty sure it won't affect the outcome. I can amend and take that amended return to the interview and worry about the money later I take it? That's what I would do. I married in Feb 2014, but wasn't aware about MFJ filing until tax time 2015. By then, they would not issue my wife an ITIN and told us we had to wait for the SSN. As a result, I wasn't able to file MFJ until August 2015 once she arrived and had an SSN. I think you'll be fine.

Oh, thanks!

By the way, I created another thread on another MFJ tax issue. Specifically, not only is filing as MFJ usually advantageous, but you might also enjoy a $200+ tax credit if you contribute to a 401k or a qualified government or corporate pension. As a single person, the income threshold is very low so very few single filers qualify. But with MFJ the income threshold doubles which qualifies many more taxpayers for this credit. Check out form 8880. Good luck.

[Real Time 0]

Ok, I think I know where the problem is, According to my tax folks I HAVE to file as I always have because my wife lives abroad. Now, if she had gotten here BEFORE I filed taxes, then YES, I could add her. Russ&Caro, notice you could NOT file under the status MFJ UNTIL your wife got here. Makes sense because how can I get a tax benefit based on a POTENTIAL? What if, for some unforeseen reason, the interview flops or worse and TOTALLY unexpected, our marriage falls apart BEFORE the interview?

Seems like what my wife read was a case of a married couple ALREADY living here in the U.S, but the spouse is NOT yet working and has already been living in the U.S BEFORE the upcoming tax year. Again, in our case, she lives abroad.

[Russ&Caro 1,549]

You might want to get new "tax folks" to advise you. Read the official scoop from the IRS:

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

If you read down on that page, you'll see that they require you to submit a document: declaration that one spouse was a nonresident alien.

That document allows you to file MFJ even if your wife is living abroad. Here's the worst case scenario:

1. You file 2015 return as MFJ, with declaration.

2. You apply for ITIN while your wife is abroad - it gets rejected probably because they know she's going to immigrate and SSN applies.

3. IRS sees your return and no ITIN nor SSN. They give you a refund based on Married filing separately.

4. Your visa gets delayed and your wife is a nonresident alien for all of 2016, and doesn't immigrate until January 2017.

5. Your wife applies for SSN immediately and gets it Feb 2017.

6. You submit an amended 2015 return in Feb 2017, with only difference being the new SSN.

7. IRS refunds you the difference btwn MFS and MFJ.

So as you see, it's only a matter of when you receive the MFJ tax break, not if.

Again, read the entire IRS guideline. You are entitled to MFJ filing status because you married in 2015. Her resident status does not affect this.

[Real Time 0]

You might want to get new "tax folks" to advise you. Read the official scoop from the IRS:

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

If you read down on that page, you'll see that they require you to submit a document: declaration that one spouse was a nonresident alien.

That document allows you to file MFJ even if your wife is living abroad. Here's the worst case scenario:

1. You file 2015 return as MFJ, with declaration.

2. You apply for ITIN while your wife is abroad - it gets rejected probably because they know she's going to immigrate and SSN applies.

3. IRS sees your return and no ITIN nor SSN. They give you a refund based on Married filing separately.

4. Your visa gets delayed and your wife is a nonresident alien for all of 2016, and doesn't immigrate until January 2017.

5. Your wife applies for SSN immediately and gets it Feb 2017.

6. You submit an amended 2015 return in Feb 2017, with only difference being the new SSN.

7. IRS refunds you the difference btwn MFS and MFJ.

So as you see, it's only a matter of when you receive the MFJ tax break, not if.

Again, read the entire IRS guideline. You are entitled to MFJ filing status because you married in 2015. Her resident status does not affect this.

Cool, well I am going to amend the return once I get back the refund in a couple weeks and still be able to have time to carry the amended return to the interview with us, as we are NOT expecting to have that interview until about mid to late March or as far as early April. What I find interesting though is, they seem to indicate this is a choice and not a rule, at least, as of the moment.

[kris&me 572]

you can claim her as such or you could have filed married jointly and sent in the W 9 form to get her ITIN (indivual taxpayer ID number) This requires you to send in the simple form, copy of marriage license and her birth certificate

i filed for my husband the 2 years we were married this way (claiming him on my taxes)

and from information i got here from another member, I was able to use the ITIN to add him to my bank account although he could not have a debit card till he arrived. That gave me additional proof of comingling assests for his interview

[Shauneg 762]

Ok, I think I know where the problem is, According to my tax folks I HAVE to file as I always have because my wife lives abroad. Now, if she had gotten here BEFORE I filed taxes, then YES, I could add her. Russ&Caro, notice you could NOT file under the status MFJ UNTIL your wife got here. Makes sense because how can I get a tax benefit based on a POTENTIAL? What if, for some unforeseen reason, the interview flops or worse and TOTALLY unexpected, our marriage falls apart BEFORE the interview?

Seems like what my wife read was a case of a married couple ALREADY living here in the U.S, but the spouse is NOT yet working and has already been living in the U.S BEFORE the upcoming tax year. Again, in our case, she lives abroad.

Your tax folks suck. Did you pay them?

[TBoneTX 45,288]

Thread is moved from Introducing Our Members forum to the Tax & Finances forum.

[MariaR323 199]

As others have stated, you might want to consider going with another preparer.

Also, when you are married you don't "claim" your spouse on your tax return. You either file jointly, separate or claim the (spousal) exemption.

OP, if you have filed as HOH (head of household), that filing status is only for a taxpayer that is claiming a dependent and has also been maintaining a home for the year for him/herself and their dependent. The MFJ status would lower your taxable income even more.

[Nich-Nick 3,354]

To address your worry. Filing as HOH should not hurt the interview. It is a perfectly legal way to file (as long as you are raising a child or have another qualified dependent you care for).

There are other tax strategies which would get you a higher refund but you have not done anything wrong as far as an interview is concerned.

[otgeh 0]

Hi i came to the US through a J1 exchange visa but i have overstayed due to some reasons. I was sent a W2 form. I want to know if it won't be dangerous for me to file for my tax return as i am now considered illegal by immigration. Please i hope to get some advise. Thanks