I filed my tax as Single

[Mary Lou 682]

1 minute ago, nejay said:

At what point in time do I have to amend my tax? After the beneficiary arrives or before?

You can do the amendment yourself, save yourself some grief and a headache and get it done asap

[Crazy Cat 43,354]

Just now, Mary Lou said:

I tried to tell that to my tax lady, and she argued with me,  i told her it may not be an issue for you,. but it is for immigration. 

Then your tax lady needs to be educated because the law is very clear.  Married is married.....period.

[nejay 4]

1 minute ago, Mary Lou said:

You can do the amendment yourself, save yourself some grief and a headache and get it done asap

Okay thanks. I will call the NVC tomorrow cus it's getting confusing. Some says it's okay and some says it's not okay.

2 minutes ago, missileman said:

Then your tax lady needs to be educated because the law is very clear.  Married is married.....period.

Thanks

2 minutes ago, missileman said:

Then your tax lady needs to be educated because the law is very clear.  Married is married.....period.

THANKS

[Mary Lou 682]

Just now, nejay said:

So you send the amended tax return to National Visa Center or at the Consular Office during the interview?

If you have it when you are sending your documents to NVC, included it then, or you can show proof you are in the process of amending it, ie, copy of amendment, receipt of certified mail to IRS.

Maybe other members have more knowledge of this, but this is what i found when i was searching for an answer to my amendment

[Mary Lou 682]

2 minutes ago, nejay said:

Okay thanks. I will call the NVC tomorrow cus it's getting confusing. Some says it's okay and some says it's not okay.

Thanks

THANKS

Good Luck!

[pushbrk 13,366]

29 minutes ago, missileman said:

You can NOT legally file as Single if you are married.  You'll have to amend your return.

And you will WANT to, after your spouse is here and has an SS number.  Again, unless you are an IRS employee, I've never seen any consequence for a filing status "error" that results in over-payment of taxes.  That's why the aforementioned tax adviser gave the advice they did.  Doing a W7 when your spouse lives abroad, is  ROYAL PITA.

 

[Springrain22 427]

I filed 2016 taxes as Single and sent everything to NVC. I've got my case complete 2 weeks ago with no issues. I am sure that CO may ask about it but I hope they won't ask. If they do, I can always say that a professional accountant did my taxes and he filed the wrong status by mistake. According to IRS and law, I have UP TO 2 YEARS to amend my taxes so I will amend it. I see no issues with all this.

[myheart0628 30]

3 minutes ago, Springrain22 said:

I filed 2016 taxes as Single and sent everything to NVC. I've got my case complete 2 weeks ago with no issues. I am sure that CO may ask about it but I hope they won't ask. If they do, I can always say that a professional accountant did my taxes and he filed the wrong status by mistake. According to IRS and law, I have UP TO 2 YEARS to amend my taxes so I will amend it. I see no issues with all this.

 

3 minutes ago, Springrain22 said:

I filed 2016 taxes as Single and sent everything to NVC. I've got my case complete 2 weeks ago with no issues. I am sure that CO may ask about it but I hope they won't ask. If they do, I can always say that a professional accountant did my taxes and he filed the wrong status by mistake. According to IRS and law, I have UP TO 2 YEARS to amend my taxes so I will amend it. I see no issues with all this.

It may not be a big deal for you. Everyone's case is different. If the OP has red flags a filing status of single on their taxes is suspicious. Especially at more difficult embassy. 

[Springrain22 427]

3 minutes ago, myheart0628 said:

 

It may not be a big deal for you. Everyone's case is different. If the OP has red flags a filing status of single on their taxes is suspicious. Especially at more difficult embassy. 

My case has no red flags at all. It has been approved by USCIS in a good amount of time and has been approved by NVC with no issues at all. We're totally clear and I've made more than enough in 2016. Also, remembering the same case from VJ member in Moscow, Russia, they had the same filing status and everything went OK. Tax status should not be an issue because you CAN amend it, it is your RIGHT by LAW. The CO will look at this only if they have doubts on something else. As long as you made enough, filing status is not that important. 

[myheart0628 30]

7 minutes ago, Springrain22 said:

My case has no red flags at all. It has been approved by USCIS in a good amount of time and has been approved by NVC with no issues at all. We're totally clear and I've made more than enough in 2016. Also, remembering the same case from VJ member in Moscow, Russia, they had the same filing status and everything went OK. Tax status should not be an issue because you CAN amend it, it is your RIGHT by LAW. The CO will look at this only if they have doubts on something else. As long as you made enough, filing status is not that important. 

I did not say your case had red flags. Language in the my post said may and if the original poster had them. Plenty of people have gotten through USCIS and NVC and have had problems at the interview. EVERY CASE IS DIFFERENT ,I also said that as well. While you can amend it ,the point is that it raises red flags. Their is a checklist for interviews on USCIS that the CO uses and it lists single filing status as a red flag. Point is IF there are other red flags added to the fact that the OP filed single it COULD be a problem. 

Edited July 2, 2017 by myheart0628

[Springrain22 427]

3 minutes ago, myheart0628 said:

I did not say your case had red flags. Language in the my post said may and if the original poster had them. Plenty of people have gotten through USCIS and NVC and have had problems at the interview. EVERY CASE IS DIFFERENT ,I also said that as well. You are also going through different a different embassy. While you can amend it ,the point is that it raises red flags. Their is a checklist for interviews and it lists single filing status as a red flag. Point is IF there are other red flags added to the fact that the OP filed single it COULD be a problem. 

But could it be a problem if there are no red flags in a case at all? Should I amend it now to have amended tax return by the time of the interview? We're going to have it in Warsaw.

[myheart0628 30]

3 minutes ago, Springrain22 said:

But could it be a problem if there are no red flags in a case at all? Should I amend it now to have amended tax return by the time of the interview? We're going to have it in Warsaw.

 

3 minutes ago, Springrain22 said:

But could it be a problem if there are no red flags in a case at all? Should I amend it now to have amended tax return by the time of the interview? We're going to have it in Warsaw.

I depends on which CO you get.Some will understand that you didn't know some will not. You should amend and take it to the interview to prevent further delay such as administrative processing. 

Edited July 3, 2017 by myheart0628

[pushbrk 13,366]

23 minutes ago, Springrain22 said:

I filed 2016 taxes as Single and sent everything to NVC. I've got my case complete 2 weeks ago with no issues. I am sure that CO may ask about it but I hope they won't ask. If they do, I can always say that a professional accountant did my taxes and he filed the wrong status by mistake. According to IRS and law, I have UP TO 2 YEARS to amend my taxes so I will amend it. I see no issues with all this.

Based on my experience of never heard it being asked about in the 12 years I've been a member here, I'm willing to bet the Consular Officer will NOT ask about it, BECAUSE they already know the answer, and are fine with it, after seeing it hundreds of times already. Yes, really.

[Springrain22 427]

Just now, pushbrk said:

Based on my experience of never heard it being asked about in the 12 years I've been a member here, I'm willing to bet the Consular Officer will NOT ask about it, BECAUSE they already know the answer, and are fine with it, after seeing it hundreds of times already. Yes, really.

So, to confirm: you're saying that if it has passed USCIS and NVC and reached to the embassy, the CO will NOT ask for the amended tax return because it already has been reviewed and completed at the NVC? I am sure it will be true, just trying to avoid any delays (I just cannot have them). So is it worth to amend it now (I have about 1 month until interview) or just forget as they won't ask about it?

[pushbrk 13,366]

Just now, Springrain22 said:

So, to confirm: you're saying that if it has passed USCIS and NVC and reached to the embassy, the CO will NOT ask for the amended tax return because it already has been reviewed and completed at the NVC? I am sure it will be true, just trying to avoid any delays (I just cannot have them). So is it worth to amend it now (I have about 1 month until interview) or just forget as they won't ask about it?

No, I'm only saying what I said.  USCIS has nothing to do with it as they never saw your tax return.  I'm saying the Consular Officer won't care about it, because they've seen it hundreds of times and know already EXACTLY why you filed that way.