Mistake on taxes!

[Waffle123 36]

Hi guys,

My interview for CR1 visa is in a couple of days and I have just noticed that it says 'Single' on my husband's taxes!!!

He said that his lawyer told him that because I have no SSN that is the only option. After reading this forum I realize that it's a mistake and the lawyer was wrong.

Can my visa be denied because of this? What can we do now??

Thanks ☹️☹️☹️

[Kastrs 723]

Unlikely this would cause a denial

Your husband's lawyer was mistaken, taxes should have been filed as married either married filing joint (MFJ) or married filing single (MFS) - which does not require a SSN 

 

Your husband can filed amended taxes as MFS

[Waffle123 36]

Thanks! I will ask him to do that. I'm just worried about the interview and whether that can cause problems 😑

I am also very surprised at why his lawyer didn't know this.

[mrtravel 40]

Idiot lawyer 

If married you can file jointly, even if your spouse is not in the US.

If there is no SS number, they file form W-7 at the same time as the joint 1040 is filed.

I would expect an immigration lawyer to know this.............

You can't undo what was sent for the visa.  If asked about it, blame the stupid lawyer.

Assuming married filing jointly is financially beneficial, an amended return should be filed. 

I wish you well

 

 

 

 

 

[TJSEE 12]

It surprises me how professionals mess this up. Our tax preparer told us the same thing last year and added me without a SSN this year when I could have just applied for an ITIN with the tax return. There are some morons out there. But I really think you won't be denied due to this, but you can also get your taxes amended as others have said. We are going through that process, as no refund yet due to the incompetence of professionals.