Filled 2017 Tax Returns as Single While IR1 Visa in Process

[etrangais 947]

Just now, missileman said:

Are you sure about that?  Would you expect someone who is in a bona fide marriage to file taxes as a single individual?  I wouldn't....and I expect a CO wouldn't as well.

You cant file taxes as married and not have your spouse here with you, unless you go through the process of getting a Tax identification # (takes for ever).

The CO can extend the filling until the spouse gets here.

[Crazy Cat 41,880]

1 minute ago, etrangais said:

You cant file taxes as married and not have your spouse here with you, unless you go through the process of getting a Tax identification # (takes for ever).

The CO can extend the filling until the spouse gets here.

Absolutely FALSE!!!!  Posts like this spread misinformation and just confuses those who are asking questions....

[etrangais 947]

4 minutes ago, missileman said:

Are you sure about that?  Would you expect someone who is in a bona fide marriage to file taxes as a single individual?  I wouldn't....and I expect a CO wouldn't as well.

if the spouse is in the US than, yeah, the OP needs to file as married filling together, not any other status

[Mano 50]

1 minute ago, missileman said:

Are you sure about that?  Would you expect someone who is in a bona fide marriage to file taxes as a single individual?  I wouldn't....and I expect a CO wouldn't as well.

Thanks alot fr ur advice but sir with due respect its a very common mistake while many people submit their taxes by own through software and if u tried to submit it without SSN error message accord. How can someone expect that everyone is well aware of tax laws, Thats why IRS allow people to amend their returns even for last three years.

[Crazy Cat 41,880]

1 minute ago, etrangais said:

if the spouse is in the US than, yeah, the OP needs to file as married filling together, not any other status

It does not matter whether a spouse is inside the US or in another country!  If you are married on Dec 31st of any year, you MUST file "married" for that tax year. 

[Mano 50]

2 minutes ago, missileman said:

Absolutely FALSE!!!!  Posts like this spread misinformation and just confuses those who are asking questions....

i scnd it. with non resident alien spouses u can easily file under Married Filling Separate status. in that case u dont need ITIN number or SSN.

[Crazy Cat 41,880]

7 minutes ago, Mano said:

Thanks alot fr ur advice but sir with due respect its a very common mistake while many people submit their taxes by own through software and if u tried to submit it without SSN error message accord. How can someone expect that everyone is well aware of tax laws, Thats why IRS allow people to amend their returns even for last three years.

Correct....but you can print the return, hand write "NRA" on the return, then mail it to the IRS.....I did this for 2015 and 2016.

 

Edited February 12, 2018 by missileman

[Mano 50]

Just now, missileman said:

Correct....but you can print the return, hand write "NRA" on the return, then mail it to the IRS.....I did this for 2015 and 2016.

very true but in my case i just fail to do so. Know m trying to get amendment i think that's the only choice n its fair enough.

[Crazy Cat 41,880]

13 minutes ago, etrangais said:

if the spouse is in the US than, yeah, the OP needs to file as married filling together, not any other status

Absolutely FALSE!!!!!   

Edited February 12, 2018 by missileman

[Alaa Abdelrahman 28]

 

[ms_bobdog 501]

26 minutes ago, etrangais said:

if the spouse is in the US than, yeah, the OP needs to file as married filling together, not any other status

No, this isn't true at all. As mentioned by many, as long as one is married, one has to file as MARRIED. But whether the couple chooses to file separately or jointly is up to them. It all depends on which method gets them a bigger refund. 

[geowrian 22,337]

44 minutes ago, etrangais said:

tax returns are just for income verification.

They don't care about status

I have seen people report receiving NVC checklists to provide a proper/fixed tax return due to this. As for how often, I'm not sure. And then the CO may or may not care.

 

17 minutes ago, etrangais said:

You cant file taxes as married and not have your spouse here with you, unless you go through the process of getting a Tax identification # (takes for ever).

The CO can extend the filling until the spouse gets here.

Sure you can...who told you that you need an ITIN or SSN for a spouse to file your own taxes? See the IRS guide on filing a 1040, specifically the section on filing statuses (page 14):

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

"Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter "NRA.""

Also see what it says the requirements are to file as single...

 

The CO can't do anything once the applicant enters on the visa. They may or may not care about fixing it before approving the visa, but they have no say whatsoever on actually doing so.

 

35 minutes ago, etrangais said:

if the spouse is in the US than, yeah, the OP needs to file as married filling together, not any other status

Not at all. They can file MFJ or MFS. They would do so based on their tax situation...assumingly based on which one has a lower tax liability for their circumstances.

 

9 minutes ago, Alaa Abdelrahman said:

 

That's a W-4 used to determine which withholding schedule to use. It is NOT a tax return and should not be confused with one.

[Mano 50]

3 minutes ago, Alaa Abdelrahman said:

 

OMG everyone who gave me hope to submit my tax returns as single to avoid delays like killing me its end of confusion. Actually i got the ans that we should file tax returns in case of NRA spouses as Married Filing Separately but main question is that if we submit as single  that could cause of any damage our visa process or not. Actually i have witnesses many cases who gone through that process without asking any question relating to their tax status. But i hope that discussion can help many how have no idea how we should tackle our tax returns.

[Obaid 8]

10 hours ago, missileman said:

Absolutely incorrect!!!!  Fire that lawyer!!!  If a person is married as of Dec 31st of any given year, he/she MUST file as married........

I'm sorry sweet heart I am in a smilar boat as this person I called the irs and they said i could file head of household. 

My interview is this month. 

[ms_bobdog 501]

4 minutes ago, Mano said:

OMG everyone who gave me hope to submit my tax returns as single to avoid delays like killing me its end of confusion. Actually i got the ans that we should file tax returns in case of NRA spouses as Married Filing Separately but main question is that if we submit as single  that could cause of any damage our visa process or not. Actually i have witnesses many cases who gone through that process without asking any question relating to their tax status. But i hope that discussion can help many how have no idea how we should tackle our tax returns.

IF you are lucky you may get through with no problems. But for me, if there is even a remote possibility of complications, I will go and get everything done right first. As it is, the wait is already long enough without problems...