Filled 2017 Tax Returns as Single While IR1 Visa in Process

[jakcr1 0]

Im married, Im the USC and my wife is in Jakarta. I filed an I130 for her in Dec and I filed my taxes last weekend. I field "Married Filing Jointly" - and why would you NOT want too? You get more money back even if the partner has never worked a day in the USA. 

[cybermax 39]

2 minutes ago, jakcr1 said:

Im married, Im the USC and my wife is in Jakarta. I filed an I130 for her in Dec and I filed my taxes last weekend. I field "Married Filing Jointly" - and why would you NOT want too? You get more money back even if the partner has never worked a day in the USA. 

I have no idea. A lot of people tried to explain. He gets more benefits but he doesn’t want to do so and decided to go against the law. It’s up to him. This world contains many kind of people. Some are smart, some not.

[ameribrazil 37]

On 2/12/2018 at 7:13 PM, JackandRed said:

My tax preparer said that I could only file as Married filing separately.  Have filed this way for the last three years now with no problems. 

Hmmm If he's been telling you this for the past 3 years, I would suggest getting a new preparer. If you are LEGALLY married, then you have an option to file MFJ, MFS and HOH (if you have dependents). Could you please share the details on why he's tell you that you could only file MFS?

 

If you don't want to take my word for it, GOOGLE "married filing jointly if spouse living abroad" - you'll get many hits on this topic.

 

 

[ameribrazil 37]

12 hours ago, cybermax said:

I might be serious but it's necessary. It's up to you to do it or not. Your life, your choice.

 

But if you file as "Single" while you are "Married", it means:

1. You lied to IRS, providing wrong information to a very important document.

2. You said you are "Single" on your tax records but you are petitioning for another person abroad with USCIS and NVC  and claiming that you are "Married" .

 

This is a big conflict between IRS, USCIS and NVC. If I was the immigrant officer, I'm not gonna put my trust into your case.

I'm not saying if this might cause your case to be failed. I'm just saying it's risky. On the other hand, it's preventable by contacting IRS to fix the issue before it's too late.

In my 10+ years experience IRS has no way of validating taxpayer's marital status from another country unless you are going through an audit and the agent asks for documentations. If a person filed as a Single status versus to MFJ, IRS is not going to penalize you. In fact, since the OP filed Single, it just means he paid a higher tax as opposed to filing MFJ. However, if the OP's spouse has income outside the US and the OP did not report that because he filed single as opposed to MFJ, the OP will be slapped with Under reporting and Negligence penalty if IRS finds out.

 

But back to your point #1 - a simple amendment could fix this as there's no penalty for this error as long he didn't under report the spouse's income outside the US. IRS has bigger fish to catch 

Point #2 - I believe providing tax return is to prove that you have means to support the person you're petitioning and that they won't be a charge to the public.  I don't think the CO are expert in reviewing taxes or even understand the forms. Heck as an accountant sometimes I get confused with the forms myself. The CO are just interested in verifying the income.

 

You are putting too much emphasis on the tax return rather than giving some alternative advise on how to prove their bonafide marriage. Obviously, if the OP's spouse is here in the US  and he filed Single and not included their spouse, then yes, I agree with your argument. 

[cybermax 39]

7 minutes ago, ameribrazil said:

In my 10+ years experience IRS has no way of validating taxpayer's marital status from another country unless you are going through an audit and the agent asks for documentations. If a person filed as a Single status versus to MFJ, IRS is not going to penalize you. In fact, since the OP filed Single, it just means he paid a higher tax as opposed to filing MFJ. However, if the OP's spouse has income outside the US and the OP did not report that because he filed single as opposed to MFJ, the OP will be slapped with Under reporting and Negligence penalty if IRS finds out.

 

But back to your point #1 - a simple amendment could fix this as there's no penalty for this error as long he didn't under report the spouse's income outside the US. IRS has bigger fish to catch 

Point #2 - I believe providing tax return is to prove that you have means to support the person you're petitioning and that they won't be a charge to the public.  I don't think the CO are expert in reviewing taxes or even understand the forms. Heck as an accountant sometimes I get confused with the forms myself. The CO are just interested in verifying the income.

 

You are putting too much emphasis on the tax return rather than giving some alternative advise on how to prove their bonafide marriage. Obviously, if the OP's spouse is here in the US  and he filed Single and not included their spouse, then yes, I agree with your argument. 

 

Thanks for the very detailed and informative response.

 

First, I tried show him another view of the problem. I'm not a tax or immigration expert. I can't provide the outcome of this situation. I never mentioned the outcomes.

Second, no matter what, anyone look into this problem can easily see that it might affect the case adversely.

Third, I just suggest anyone having the same problem to fix it as soon as possible. It's easy to fix by contacting IRS and doesn't hurt to do so. On the other hand, it benefits you a lot.

Fourth, if you are petitioning your spouse, you don't know the probability she or he passes the interview. Would you accept to lose 5-10% of success rate? For me, I wouldn't.

 

Again, it's up to you, your life, your choice.

[Keith & Arileidi 437]

4 hours ago, ameribrazil said:

Hmmm If he's been telling you this for the past 3 years, I would suggest getting a new preparer. If you are LEGALLY married, then you have an option to file MFJ, MFS and HOH (if you have dependents). Could you please share the details on why he's tell you that you could only file MFS?

 

If you don't want to take my word for it, GOOGLE "married filing jointly if spouse living abroad" - you'll get many hits on this topic.

 

 

HOH and MFS are the only real choices for the OP.. the alien has to be presently at the itin acceptence agency to sign their application. 

 

This is not possible for spouses that cant visit the US and/or don't have an acceptence agency in their respective country.. 

 

On a side note.. when you file jointly your NRA is subjected to US taxes. So there are times where filing jointly will not net you more money. 

[Crazy Cat 41,881]

13 hours ago, jakcr1 said:

Im married, Im the USC and my wife is in Jakarta. I filed an I130 for her in Dec and I filed my taxes last weekend. I field "Married Filing Jointly" - and why would you NOT want too? You get more money back even if the partner has never worked a day in the USA. 

The spouse would have to have a SSN or Tax ID number to file joint. In addition, there are some cases when it is better for the USC to file as married filing separately.  Example is if the spouse is not yet a resident (physically or for tax purposes), has income, but none is US based income..........there are a lot of variables to consider.

 

By the way, some of us don't get money back.....I don't like to lend money to the government at a rate of 0.0% or less.......lol

Edited February 14, 2018 by missileman

[ameribrazil 37]

8 hours ago, Keith & Arileidi said:

HOH and MFS are the only real choices for the OP.. the alien has to be presently at the itin acceptence agency to sign their application. 

 

This is not possible for spouses that cant visit the US and/or don't have an acceptence agency in their respective country.. 

 

On a side note.. when you file jointly your NRA is subjected to US taxes. So there are times where filing jointly will not net you more money. 

Not necessary. IRS has provided us CAA ( Certified Acceptance Agent) new guidance on how to conduct the interviews (reference: https://www.irs.gov/individuals/new-itin-acceptance-agent-program-changes). The applicant does not need to be present in our office to authenticate, as per IRS, "...As a reminder, AAs and CAAs must conduct an in person interview with each applicant (primary, secondary and dependent) in order to complete the application. Video conferencing (i.e. SKYPE) can be used if the CAA has the original identification documents or certified copies from the agency that issued them in their possession during the interview..."

 

Additionally, Non-U.S. citizens who do not live in the U.S. who need an Individual Taxpayer Identification Number (ITIN) may be able to secure one from outside the United States. The IRS has permanent staff available which are able to help process Forms W-7, IRS Application Number and Instructions (PDF) at the following U.S. embassies overseas: Beijing, Frankfurt, London, and Paris. The addresses and phone numbers of these overseas offices may be found at Contact My Local Office Internationally (https://www.irs.gov/help/contact-my-local-office-internationally). In addition, there are public accounting firms overseas in certain countries which are Authorized Acceptance Agents for ITIN numbers. You will find their names and addresses at the Acceptance Agent Program page (https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program).

 

I do agree with your last statement but there's more to it than that, nonetheless, I agree with that statement.

 

[Keith & Arileidi 437]

1 hour ago, ameribrazil said:

Not necessary. IRS has provided us CAA ( Certified Acceptance Agent) new guidance on how to conduct the interviews (reference: https://www.irs.gov/individuals/new-itin-acceptance-agent-program-changes). The applicant does not need to be present in our office to authenticate, as per IRS, "...As a reminder, AAs and CAAs must conduct an in person interview with each applicant (primary, secondary and dependent) in order to complete the application. Video conferencing (i.e. SKYPE) can be used if the CAA has the original identification documents or certified copies from the agency that issued them in their possession during the interview..."

 

Additionally, Non-U.S. citizens who do not live in the U.S. who need an Individual Taxpayer Identification Number (ITIN) may be able to secure one from outside the United States. The IRS has permanent staff available which are able to help process Forms W-7, IRS Application Number and Instructions (PDF) at the following U.S. embassies overseas: Beijing, Frankfurt, London, and Paris. The addresses and phone numbers of these overseas offices may be found at Contact My Local Office Internationally (https://www.irs.gov/help/contact-my-local-office-internationally). In addition, there are public accounting firms overseas in certain countries which are Authorized Acceptance Agents for ITIN numbers. You will find their names and addresses at the Acceptance Agent Program page (https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program).

 

I do agree with your last statement but there's more to it than that, nonetheless, I agree with that statement.

 

Thank you for your reference.. 

I will talk to some of my local acceptence agencies about using a video call for the interview.

 

I have her passport with me in the states so we will see how far I get. 

 

 

Sadly Dominican republic has no CAAs at the moment, so my only option is to get an itin in the states. 

Edited February 14, 2018 by Keith & Arileidi

[ameribrazil 37]

42 minutes ago, Keith & Arileidi said:

Thank you for your reference.. 

I will talk to some of my local acceptence agencies about using a video call for the interview.

 

I have her passport with me in the states so we will see how far I get. 

 

 

Sadly Dominican republic has no CAAs at the moment, so my only option is to get an itin in the states. 

Good luck! 

[Mano 50]

Need Help!

Thanks alot to all for support n guidance!

I hv just amended my tax return from Single to Married File Separate:

US Embassy needs a joint sponsor they gave us 221g for Joint sponsor.

We haven't joint sponsor so we decided to send These

 

-2017 Tax returns along with IRS Transcript

-2017 amended tax return

-W2

-Employer Letter

- Last Six Months Pay Stubs

While I have  filed last year 2016 and this year 2017 Tax returns and have continuous Full Permanent and same job from June 2016 till today, its my first job ever so that i hv not filed taxes before.

My This year income is sufficient as 25k with Household size 2 (me and my husband) no other depended.

Dose it works ?? Or need anything else to send at embassy??

Any suggestions?

 please Help

 

@geowrian

@missileman

@Khallaf

Edited February 20, 2018 by Mano

[Khallaf 650]

3 minutes ago, Mano said:

Need Help!

Thanks alot to all for support n guidance!

I hv just amended my tax return from Single to Married File Separate:

US Embassy needs a joint sponsor they gave us 221g for Joint sponsor.

We haven't joint sponsor so we decided to send These

 

-2017 Tax returns along with IRS Transcript

-2017 amended tax return

-W2

-Employer Letter

- Last Six Months Pay Stubs

While I have just filed 2016 and 2017 Tax returns and have continuous Full Permanent and same job from June 2016 till today, its my first job ever so that i hv not filed taxes before.

My This year income is sufficient as 25k with Household size 2 (me and my husband) no other depended.

Dose it works ?? Or need anything else to send at embassy??

Any suggestions?

 please Help

 

 

@geowrian

@missileman

@Khallaf

I am just a bit confused and I want to make sure I understand, did you just now file the 2016 tax return that should have been filed in 2017?

[Mano 50]

1 minute ago, Khallaf said:

I am just a bit confused and I want to make sure I understand, did you just now file the 2016 tax return that should have been filed in 2017?

Noo i hv filed 2016 last year but at that time my income was not sufficient.

[Khallaf 650]

Just now, Mano said:

Noo i hv filed 2016 last year but at that time my income was not sufficient.

okay, phew, since they are only asking for the 2016 tax return as of right now, and since you didn't have the income required it is why they are asking for a co-sponsor.

 

you can wait until the requirement for the 2017 tax return is required or you can attempt to do AOS alone with income and assets.

[Mano 50]

1 minute ago, Khallaf said:

okay, phew, since they are only asking for the 2016 tax return as of right now, and since you didn't have the income required it is why they are asking for a co-sponsor.

 

you can wait until the requirement for the 2017 tax return is required or you can attempt to do AOS alone with income and assets.

Sorry dear i hv filed my 2017 last week. My stand alone Income through that job without any assets or any other income is 25k that is supported by my pay stubs and W2 forms and tax return as well. So m going to send it at embassy.

I just wanna ask that is it sufficient or i hv to send something else while i hv Filed only 2016 and 2017 tax returns.