I filed my tax as Single

[amul 229]

31 minutes ago, Ksenia_O said:

You filed correct. Besides, MFJ , usually, is more beneficial - gives you a higher standard deduction, than HOH, And again - being married, you filed your Taxes, using CORRECT filing status, MARRIED,  so I would just leave it as it is. 

Thank you

 

Totally, I would not touch it. I wanted our taxes filed together, because no matter what anyone says, I believe that it matters during a CR-1 application. To each their own. In the end each of our journeys' are unique in nature and we go through them on our own. 

 

Lastly, HOH would have given me a much better deduction as a single mother (HOH) and a business owner. I know because I made the same as last year, but only owed $130 for state, nothing for Federal. This year I filed MFJ and had a hefty tax bill from Federal and State. 

 

 

[Ksenia_O 696]

15 minutes ago, August97 said:

So if filing MARRIED is CORRECT, then would my HOH status be incorrect? I met all the criteria and didn't see it as an issue until this thread popped up now I am curious. 

HOH would not not be incorrect in the situation,  when you are married, but your spouse was a nonresident alien and you don't choose to treat your nonresident spouse as a resident alien AND you have a qualifying person for HOH purposes (other than your spouse). 

 amul CHOOSE to fle MFJ , which  is :1. - correct , they are really married, and it doesn't matter if a spouse is around or on the North Pole.

                                                              2. - again, MFJ is usually more beneficial and gives a higher standard deduction than HOH. Standard deduction for MFJ is $12600.00, for HOH - $9300.00.  

 

So, why should amul  amend the Tax Return?.... Just curious too.

 

 

[Ksenia_O 696]

10 minutes ago, amul said:

Thank you

 

Totally, I would not touch it. I wanted our taxes filed together, because no matter what anyone says, I believe that it matters during a CR-1 application. To each their own. In the end each of our journeys' are unique in nature and we go through them on our own. 

 

Lastly, HOH would have given me a much better deduction as a single mother (HOH) and a business owner. I know because I made the same as last year, but only owed $130 for state, nothing for Federal. This year I filed MFJ and had a hefty tax bill from Federal and State. 

 

 

I agree with you. Married means married - period.

I can understand when people can not get ITIN  - some times it's really hard - then yes, HOH  filing status IF there is another qualifying person for HOH.  Or MFS. But to file "single" being married - completely incorrect.

 

And since you got the number for your spouse- you did everything just fine  

 

Good like with your immigration journey!!!!

 

[Voided 55]

8 minutes ago, Ksenia_O said:

HOH would not not be incorrect in the situation,  when you are married, but your spouse was a nonresident alien and you don't choose to treat your nonresident spouse as a resident alien AND you have a qualifying person for HOH purposes (other than your spouse). 

 amul CHOOSE to fle MFJ , which  is :1. - correct , they are really married, and it doesn't matter if a spouse is around or on the North Pole.

                                                              2. - again, MFJ is usually more beneficial and gives a higher standard deduction than HOH. Standard deduction for MFJ is $12600.00, for HOH - $9300.00.  

 

So, why should amul  amend the Tax Return?.... Just curious too.

 

 

Are you asking me or Amul? 

 

2 minutes ago, Ksenia_O said:

I agree with you. Married means married - period.

I can understand when people can not get ITIN  - some times it's really hard - then yes, HOH  filing status IF there is another qualifying person for HOH.  Or MFS. But to file "single" being married - completely incorrect.

 

And since you got the number for your spouse- you did everything just fine  

 

Good like with your immigration journey!!!!

 

This answers my initial question too. Thank you

[sy1983 31]

1 hour ago, pushbrk said:

What do you mean by "a specialist"?  I can assure you I am personally a fiance and spouse immigration "specialist" and in 12 years, I've never heard of any Consular Officer asking about tax filing status during a fiance or spouse visa interview.  (Sure, it's "possible")

I don't know what you are smoking. Must be some good stuff for you to promote fraudulent and inventing your own laws. The LAW IS LAW is written in black and white ! Why don't you call the IRS and tell them 

"it doesn't matter" because you think so. I filed for my wife's ITIN number in roughly 6 weeks. Difficult ? HA ... Not if you get the right people to do it. They have specialist in H&R block that mainly handle these cases. 

READ this article https://www.americansabroad.org/nonamerican-spouse-us-tax-implications/
Stop being a know it all . Just let law binding citizens do their thing  

[Ksenia_O 696]

6 minutes ago, August97 said:

Are you asking me or Amul? 

 

This answers my initial question too. Thank you

was going to edit my comment, but - late.. I'm sorry - I didn't mean to be mean, answering.. Just Monday 

[Voided 55]

Just now, Ksenia_O said:

was going to edit my comment, but - late.. I'm sorry - I didn't mean to be mean, answering.. Just Monday 

No worries, all good 

[Springrain22 427]

5 minutes ago, sy1983 said:

I don't know what you are smoking. Must be some good stuff for you to promote fraudulent and inventing your own laws. The LAW IS LAW is written in black and white ! Why don't you call the IRS and tell them 

"it doesn't matter" because you think so. I filed for my wife's ITIN number in roughly 6 weeks. Difficult ? HA ... Not if you get the right people to do it. They have specialist in H&R block that mainly handle these cases. 

READ this article https://www.americansabroad.org/nonamerican-spouse-us-tax-implications/
Stop being a know it all . Just let law binding citizens do their thing  

Ok Mr. Smart, tell me this: there's a VJ member, she's from Moscow and her husband filed "Single" as well. Their case was approved by USCIS and then by NVC with no questions. She later had her interview in Moscow, Russia. The CO did not ask for their tax filing status AT ALL. Why do you think they did not ask about filing status even if "the law is law" and all COs MUST follow their country laws? I am waiting for your answer. Do not answer something like "because they were lucky" or any other BS. Tell me why the CO did not follow the law. Note that there are many similar cases with the same outcome. Waiting for your answer.

[pushbrk 13,370]

14 minutes ago, sy1983 said:

I don't know what you are smoking. Must be some good stuff for you to promote fraudulent and inventing your own laws. The LAW IS LAW is written in black and white ! Why don't you call the IRS and tell them 

"it doesn't matter" because you think so. I filed for my wife's ITIN number in roughly 6 weeks. Difficult ? HA ... Not if you get the right people to do it. They have specialist in H&R block that mainly handle these cases. 

READ this article https://www.americansabroad.org/nonamerican-spouse-us-tax-implications/
Stop being a know it all . Just let law binding citizens do their thing  

Nothing at all I'm doing prevents any citizen or non- citizen, law abiding or not, from doing their thing.  Eventually, filing status DOES matter and each person who qualifies to file married filing jointly, will probably want to amend their return accordingly.  On the other hand, it is not "illegal" to over-pay your federal taxes, which is what results by filing with any other status than MFJ, when qualified to do so.

 

People's situations vary.  I paid for my second trip to China to see my wife, with my 2005 tax return.  I would not have been able to make that trip without filing as single.  A few months later, when my wife and stepdaughter were in the USA, we amended the return to MFJ and got the initial tax over-payment refunded.

 

So, I take it your "specialist" was with H&R Block, and probably knew nothing at all about the immigration implications of your filing status.  That's what I thought.

[usmsbow 802]

14 minutes ago, sy1983 said:

I don't know what you are smoking. Must be some good stuff for you to promote fraudulent and inventing your own laws. The LAW IS LAW is written in black and white ! Why don't you call the IRS and tell them 

"it doesn't matter" because you think so. I filed for my wife's ITIN number in roughly 6 weeks. Difficult ? HA ... Not if you get the right people to do it. They have specialist in H&R block that mainly handle these cases. 

READ this article https://www.americansabroad.org/nonamerican-spouse-us-tax-implications/
Stop being a know it all . Just let law binding citizens do their thing  

 

He's not promoting fraud nor inventing laws. He's saying the CO does not pay attention to that info. COs are like most bureaucrats in the world: they stick to what they know  (visas and other consular matters) and generally don't veer into other lanes (in this case tax returns). It is what it is. 

 

As for the IRS, sure, the OP should amend his tax return. It isn't an urgent matter though since the amended return will not make him owe more taxes. That's really what the IRS cares about ultimately. 

 

 

 

 

[pushbrk 13,370]

7 minutes ago, usmsbow said:

 

He's not promoting fraud nor inventing laws. He's saying the CO does not pay attention to that info. COs are like most bureaucrats in the world: they stick to what they know  (visas and other consular matters) and generally don't veer into other lanes (in this case tax returns). It is what it is. 

 

As for the IRS, sure, the OP should amend his tax return. It isn't an urgent matter though since the amended return will not make him owe more taxes. That's really what the IRS cares about ultimately. 

 

 

 

 

Bingo!

[Eric-Pris 1,607]

12 hours ago, sy1983 said:

Go to H&R block, they will do it for Free
 

They don't do anything for FREE.

[nejay 4]

25 minutes ago, pushbrk said:

Nothing at all I'm doing prevents any citizen or non- citizen, law abiding or not, from doing their thing.  Eventually, filing status DOES matter and each person who qualifies to file married filing jointly, will probably want to amend their return accordingly.  On the other hand, it is not "illegal" to over-pay your federal taxes, which is what results by filing with any other status than MFJ, when qualified to do so.

 

People's situations vary.  I paid for my second trip to China to see my wife, with my 2005 tax return.  I would not have been able to make that trip without filing as single.  A few months later, when my wife and stepdaughter were in the USA, we amended the return to MFJ and got the initial tax over-payment refunded.

 

So, I take it your "specialist" was with H&R Block, and probably knew nothing at all about the immigration implications of your filing status.  That's what I thought.

I called the NVC office and it's no problem. They said that my filing status has nothing to do with my immigration petition, so anything about taxes, I should Call the IRS. So, I rest my case. Thanks to you, Sir.

[Eric-Pris 1,607]

1 hour ago, Ksenia_O said:

You filed correct. Besides, MFJ , usually, is more beneficial - gives you a higher standard deduction, than HOH, And again - being married, you filed your Taxes, using CORRECT filing status, MARRIED,  so I would just leave it as it is. 

If you file MFJ (Married Filing Jointly), you must include your spouses foreign income.

 

In the situation where the spouse is still not in the US, it's better to file on paper (through the mail) as MFS (Married Filing Separately).  As others have said, simply write "NRA" in the field that asks for spouses social security number.

 

MFS is the exact same tax rate as Single, but when you file MFS, there are some credits (education, childcare, saver's) that you are no longer eligible for that you can get as Single or MFJ.  But for most people MFS and Single will result I the exact same financial situation.

 

MFJ will get you a bigger refund since the tax rate is lower and you get another personal exemption and higher standard deduction.

 

In the US, a person who is married on 12/31/XX has to file as either MFJ or MFS on their 20XX tax return.  The Head of Household that somebody referenced earlier is something that I have never seen in over 15 years of tax prep work.

[Eric-Pris 1,607]

1 hour ago, usmsbow said:

 

He's not promoting fraud nor inventing laws. He's saying the CO does not pay attention to that info. COs are like most bureaucrats in the world: they stick to what they know  (visas and other consular matters) and generally don't veer into other lanes (in this case tax returns). It is what it is. 

 

As for the IRS, sure, the OP should amend his tax return. It isn't an urgent matter though since the amended return will not make him owe more taxes. That's really what the IRS cares about ultimately. 

CO's don't need to know the ins and outs of the whole tax code to notice return filed as single when the person was clearly married.