Concern about tax filing status (single/married)

[cmhans 1]

My conditional residence (green card) expires September 29th and I will soon be sending my i-751 petition and evidence. 

 

It seems that tax transcripts from the current and previous years are one of the best pieces of evidence to include. I'm in the process of getting hold of these online. I also have some other tax documents such as W-2s, and 1095s which I'll include copies of.

 

In 2015 I didn't have a Social Security Number and hadn't yet received my green card so that year my husband was the only one who filed and I was listed as his dependent.

In 2016 and 2017 we filed our taxes together. My concern is that looking at our 2017 and 2016 W-2s I see it says "Taxable Marital Status: Single".

 

 

 

Questions:

 

(1) Even though our W-2s say "Taxable Marital Status: Single", we still filed our taxes TOGETHER, there was just one set of filing documents which we both signed. So will the transcripts be "joint" transcripts for both of us?

 

(2) Will the "Taxable Marital Status: Single" cause any problems with my ROC / i-751 petition? Is there anything I should do (or write in the cover letter) to ensure this doesn't cause a problem? 

 

(In the UK where I am from, you don't have to "file your taxes" unless you are self-employed so I never did it before moving to the US. So the process is kind of confusing to me. In 2016 and 2017, my husband and I went to a free tax filing service and basically did what they advised, i.e. what was financially the best option. I was also told by friends that it's normal and common to file as "Taxable Marital Status: Single" whether you are married or not, it just depends what makes sense financially. But I really don't remember making any decisions or being asked by the person doing our taxes whether I wanted to file as single or married, the tax advisor just did everything for us and we trusted that he knew more than us).

 

Thanks in advance for any advice/reassurance that anyone can give me.

[Crazy Cat 42,328]

Tax Marital status on a W-2 indicates withholding status.  It has nothing to do with tax filing status.

[databit 328]

If you were married for even 1 day during the tax year, you two can only file as Married filing jointly (even if only 1 person had income) or Married filing separately, so each of you files your own returns. Please see a reputable tax person and amend past returns if you did not file as one of these 2 categories. .A spouse should not be listed as a "dependent".

[cmhans 1]

19 minutes ago, databit said:

If you were married for even 1 day during the tax year, you two can only file as Married filing jointly (even if only 1 person had income) or Married filing separately, so each of you files your own returns. Please see a reputable tax person and amend past returns if you did not file as one of these 2 categories. .A spouse should not be listed as a "dependent".

I'm not entirely sure if I was listed as a dependent, I thought I was, but if once I see the tax transcript from that year I'll know for sure. In 2015 when my husband did his taxes I don't think I signed anything and there were no issues from the IRS at that time. I received my green card a few months AFTER my husband filed his 2015 taxes so there cannot have been any issues with our 2015 taxes.

However in order to view my and my husband's tax transcript online, the IRS website asks for certain information including "Tax filing status" so I don't know what to put for that now.

Edited August 16, 2017 by cmhans

[Ksenia_O 696]

55 minutes ago, cmhans said:

I'm not entirely sure if I was listed as a dependent, I thought I was, but if once I see the tax transcript from that year I'll know for sure. In 2015 when my husband did his taxes I don't think I signed anything and there were no issues from the IRS at that time. I received my green card a few months AFTER my husband filed his 2015 taxes so there cannot have been any issues with our 2015 taxes.

However in order to view my and my husband's tax transcript online, the IRS website asks for certain information including "Tax filing status" so I don't know what to put for that now.

A green card has nothing to do with filing status. If as of December 31, 2015 you were married, he COULD NOT file a "single" return.  Period. You  need to amend your Tax Return for tax year 2015.

 

P.S. IRS has no idea if you guys were married or not. It's on you - to provide correct filing status. 

 

Also, your husband can clime your exemption if you file married separate return and you have no gross income.. Or  - an exemption for  Married Joint Return.

But  he cannot claim  you as a dependent on his tax return. The IRS makes this very clear.

 

So you should check his 2015 Return again - maybe this "dependency"  needs to be corrected as well, along with a filing status.

Edited August 16, 2017 by Ksenia_O

[cmhans 1]

To update, 

Finally got the info I needed for the IRS website and just viewed our tax transcripts for 2014, 2015, 2016. All three say MARRIED FILING JOINT! 

So I guess what the W-2s say doesn't matter. I am so relieved. I'll be including copies of all three tax transcripts in my package with my petition.

[Ksenia_O 696]

12 hours ago, cmhans said:

To update, 

Finally got the info I needed for the IRS website and just viewed our tax transcripts for 2014, 2015, 2016. All three say MARRIED FILING JOINT! 

So I guess what the W-2s say doesn't matter. I am so relieved. I'll be including copies of all three tax transcripts in my package with my petition.

Gooood

I'm glad everything has been filed correct!!! 

 

Good luck with your I-751!

[Crazy Cat 42,328]

4 hours ago, Ksenia_O said:

So I guess what the W-2s say doesn't matter.

Of course it doesn't.  It refers to the amount of withholding which can be changed at any time.....and nothing else.

[Ksenia_O 696]

35 minutes ago, missileman said:

Of course it doesn't.  It refers to the amount of withholding which can be changed at any time.....and nothing else.

I've, actually,  never said that...  You've made wrong quoting   It was  cmhans 

[Crazy Cat 42,328]

1 hour ago, Ksenia_O said:

I've, actually,  never said that...  You've made wrong quoting   It was  cmhans 

You're right....my bad

[Villanelle 4,122]

You may want to consider changing your tax exemptions with your employer. (what is showing on the W2s). As others have stated it doesnt make a difference for USCIS but it does make an impact at tax filing time. The more exemptions you have the less they withhold in taxes. Currently they are taxing his or whoevers W2 you are referring to as a single person. When you complete your tax return you calculate it as married. So you will ( in theory) get some money back since you withheld more then you needed to. If you change your withholdings to the right category you'll get more money in your pocket every week but no refund at tax time. Its something to consider.