Filed single on taxes documents already at NVC

[Seth And Quynh 77]

My father filled my taxes for me and thought that because my wife is outside the US and has no ss# he would file me as single. Now i've heard that amending it would be correct but I'm currently in Vietnam and our case is 46 days in at the nvc. Should I amend now and send it to California and print off evidence that we submitted a amendment or what should I do? I need good advice because I'm overseas and a tax amendment takes 8-12 weeks? 

[WandY 430]

You should seek the advice of a CPA.

[Liam2021 583]

Most of CPA don't know anything about immigration, so they will advice people file single, and yes when i filed tax few months back, the CPA don't know anything about MFS. I show her the information in IRS website, and she still want filed single for me. After a long conversation, i just want her filed MFS, then print out the form for me, then took  the filling fee and i will never come back . I'm mail it to IRS later day, and a few weeks back get a refund check from IRS.

Since your case near to the end, don't stress out. Just amendment the tax and take a copy of it, then bring it to the interview.

[yoel 30]

I didn't know We can add the wife even when she is outside US and has no SS, I filed my single, probably for me is too late to get some money back from the IRS!!

[larnar1309 101]

DO NOT FILE SINGLE!!!!

 

this is off the NVC WIKI:

 

Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial.

For both MFS and MFJ, the petitioner will have to file a paper tax return. Electronic submissions won't be possible the first year.

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do. (And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return to MFJ, to possibly get a bigger refund, but this isn't required.)

 

It is really important to at least have the ammended IRS transcripts with you for the interview if you filed single. Even better is what I'm doing which is to have the original single copy, the copy of the amendment, and a cover letter explaining the mistake filing single and that the amendment is processing and that the amended files will be with me in time to bring to the interview.

 

This mistake seems to happen to a lot of people... perhaps the wiki page or VJ site should have a clear place where people can see it easily.

 

 

[Seth And Quynh 77]

correction to a tax transcript takes 16 weeks i'm overseas so i'll just bring the 1040x and a statement i don't think it'll be a big deal since no one i've seen has been denied due to it. 

[larnar1309 101]

On 2017/7/14 at 8:09 AM, Seth And Quynh said:

correction to a tax transcript takes 16 weeks i'm overseas so i'll just bring the 1040x and a statement i don't think it'll be a big deal since no one i've seen has been denied due to it. 

It is a big deal - that is not the attitude to take when filing documents with the NVC. receiving a checklist will delay your process for a further possible 11 weeks. Amend the documents and have both the original and copy of the amendment with a cover letter sent in your package to the NVC. 

[Seth And Quynh 77]

14 minutes ago, larnar1309 said:

It is a big deal - that is not the attitude to take when filing documents with the NVC. receiving a checklist will delay your process for a further possible 11 weeks. Amend the documents and have both the original and copy of the amendment with a cover letter sent in your package to the NVC. 

I've seen many people file as single and wasn't questioned at the interview if I send documents now to the NVC it'll start the clock 11 weeks again. I'll just file 1040x and send it in and keep a copy in case they want to see it at the interview.

[larnar1309 101]

48 minutes ago, Seth And Quynh said:

I've seen many people file as single and wasn't questioned at the interview if I send documents now to the NVC it'll start the clock 11 weeks again. I'll just file 1040x and send it in and keep a copy in case they want to see it at the interview.

I see! didn't realize you had already sent them - well best of luck to you  

[JohnnyintheUSA 34]

On 7/20/2017 at 9:22 AM, Seth And Quynh said:

I've seen many people file as single and wasn't questioned at the interview if I send documents now to the NVC it'll start the clock 11 weeks again. I'll just file 1040x and send it in and keep a copy in case they want to see it at the interview.

Hi Seth and Quynh,

 

I did the same thing. Married Sept 03 2016 I file single for one reason. Trying to be honest. My wife never set foot in the USA how could it be fair to accept the tax benefit? Seems like cheating. And married for only 4 months of the tax year.  I think this is something that could be a red flag..... but I am confident with my explanation any red flag will be dropped quickly. Simply explain at the interview and do not stress. This process gives us all enough of that.

 

All the best!

[cyclone27 710]

Your entitled to the tax benefit even if she doesn't set foot in US just declare world wide income. 

[Lee & Lei 42]

To add onto this topic -- 

 

We got married in 2016, and I filed 2016's taxes as MFJ (requested and received an ITIN for my wife). However, my 2015 and 2014 taxes are both single, because we weren't married yet (we hadn't even met yet in 2014). That shouldn't be a problem, should it?

[Seth And Quynh 77]

5 hours ago, JohnnyintheUSA said:

Hi Seth and Quynh,

 

I did the same thing. Married Sept 03 2016 I file single for one reason. Trying to be honest. My wife never set foot in the USA how could it be fair to accept the tax benefit? Seems like cheating. And married for only 4 months of the tax year.  I think this is something that could be a red flag..... but I am confident with my explanation any red flag will be dropped quickly. Simply explain at the interview and do not stress. This process gives us all enough of that.

 

All the best!

What I did it I sent in the 1040x amendment form in and you can track it online. So I'll Print that out and explain I made a amendment on my filing status.

[JohnnyintheUSA 34]

8 hours ago, Seth And Quynh said:

What I did it I sent in the 1040x amendment form in and you can track it online. So I'll Print that out and explain I made a amendment on my filing status.

That is perfect!

[CitizenY 5]

On 8/5/2017 at 6:57 PM, JohnnyintheUSA said:

Hi Seth and Quynh,

 

I did the same thing. Married Sept 03 2016 I file single for one reason. Trying to be honest. My wife never set foot in the USA how could it be fair to accept the tax benefit? Seems like cheating. And married for only 4 months of the tax year.  I think this is something that could be a red flag..... but I am confident with my explanation any red flag will be dropped quickly. Simply explain at the interview and do not stress. This process gives us all enough of that.

 

All the best!

Sorry I'm reviving a old thread here.

How did the NVC process and interview go ? Was the file single tax a problem ?