Help!!! I filed as single

[Violeta15 22]

Ok so me and my husband got married 08/05/16 and for both 2016,2017 i filed as single because my tax preparer advised me to do so! My husband is currently in mexico and has never worked in the United States. However, i read that you are not suppose to file as single when you are married and had to call my tax preparer and she stated it was right because he has never been here and has no social security. What should I do? Super stressed as my case just got completed this week and just waiting on interview date!! 

[Khallaf 650]

3 minutes ago, Violeta15 said:

Ok so me and my husband got married 08/05/16 and for both 2016,2017 i filed as single because my tax preparer advised me to do so! My husband is currently in mexico and has never worked in the United States. However, i read that you are not suppose to file as single when you are married and had to call my tax preparer and she stated it was right because he has never been here and has no social security. What should I do? Super stressed as my case just got completed this week and just waiting on interview date!! 

you can not file single when married you can file MFS he does not have to be in USA to file that, but you now MUST amend your returns and do it ASAP

[Crazy Cat 41,884]

7 minutes ago, Violeta15 said:

Ok so me and my husband got married 08/05/16 and for both 2016,2017 i filed as single because my tax preparer advised me to do so! My husband is currently in mexico and has never worked in the United States. However, i read that you are not suppose to file as single when you are married and had to call my tax preparer and she stated it was right because he has never been here and has no social security. What should I do? Super stressed as my case just got completed this week and just waiting on interview date!! 

1.  Fire the Tax preparer.

2.  There are options for tax filing status after you are married, but "single" is not one of them......

 

One option is to file "Married filing separate"......hand write "NRA" in the field for spouse SSN.  Head of Household can also be used for some cases.

You should amend your taxes.  If you are married on December 31st of any year, you can not file as "single" for that tax year.

Edited February 23, 2018 by missileman

[Violeta15 22]

7 minutes ago, missileman said:

1.  Fire the Tax preparer.

2.  There are options for tax filing status after you are married, but "single" is not one of them......

 

One option is to file "Married filing separate"......hand write "NRA" in the field for spouse SSN.  Head of Household can also be used for some cases.

You should amend your taxes.  If you are married on December 31st of any year, you can not file as "single" for that tax year.

I was actually explaining just thats to my tax preparer in which she stated you can’t write letters in the social security box that the IRS wouldn’t accept that. Now this being the case that I have to amend I checked the website and it says it takes anywhere from 8-12 weeks and it’s ao nerve wrecking that it won’t be amended on time.

[Khallaf 650]

1 minute ago, Violeta15 said:

I was actually explaining just thats to my tax preparer in which she stated you can’t write letters in the social security box that the IRS wouldn’t accept that. Now this being the case that I have to amend I checked the website and it says it takes anywhere from 8-12 weeks and it’s ao nerve wrecking that it won’t be amended on time.

as long as you can show proof that you sent off the amended return it will be good, it doesn't have to be completed, and you can and are suppose to write NRA in the ssn box if there is no SSN and no ITIN number.

 

you need to fire your tax prepare and then you need to charge her if it cost to amend the return she/he made a MAJOR mistake. 

[Khallaf 650]

4 minutes ago, Violeta15 said:

I was actually explaining just thats to my tax preparer in which she stated you can’t write letters in the social security box that the IRS wouldn’t accept that. Now this being the case that I have to amend I checked the website and it says it takes anywhere from 8-12 weeks and it’s ao nerve wrecking that it won’t be amended on time.

O am actually surprised NVC didn't catch it

[Violeta15 22]

Just now, Khallaf said:

O am actually surprised NVC didn't catch it

 

 

Thanks for the help! I will get on that today and as to NVC not catching it seem kind of odd to me as well but it seems like I’m not the only one as I have been reading other topics that relate.

[Khallaf 650]

Just now, Violeta15 said:

 

 

Thanks for the help! I will get on that today and as to NVC not catching it seem kind of odd to me as well but it seems like I’m not the only one as I have been reading other topics that relate.

the CO might not even catch it but, IMO I would amend them of course as it is considered tax evasion and fraud if you don't, but make sure the amended return is taken to the interview, you don't need to offer it as evidence unless they question it, but at least you will have it.

 

As far as the IRS is concerned you are trying to evade taxes and its a serious consequence, I am not trying to scare you as this is so superficial and minimal, and it shouldn't put you in a panic, just amend and submit and keep a copy for your records as well as to be taken to interview.

[Mano 50]

10 minutes ago, Violeta15 said:

 

 

Thanks for the help! I will get on that today and as to NVC not catching it seem kind of odd to me as well but it seems like I’m not the only one as I have been reading other topics that relate.

unfortunately i hv also did that mistake but after very next week i amend it.. As for as NVC or Embassy is concerned they hv no issue with the filing status in my case. It's totally discretion and authority of the CO that  he may or may not consider it.. in my opinion u should ameend it as soon as possible better to have proof then sorry at interview..

[Violeta15 22]

4 minutes ago, Mano said:

unfortunately i hv also did that mistake but after very next week i amend it.. As for as NVC or Embassy is concerned they hv no issue with the filing status in my case. It's totally discretion and authority of the CO that  he may or may not consider it.. in my opinion u should ameend it as soon as possible better to have proof then sorry at interview..

Some people said the same thing that technically the tax returns are to see if you qualify financially. Others do say some CO’s make see that as a red flag so I will definitely take your advice and amend it. Thank you for your advice really appreciate it!

[Mano 50]

2 hours ago, Violeta15 said:

Some people said the same thing that technically the tax returns are to see if you qualify financially. Others do say some CO’s make see that as a red flag so I will definitely take your advice and amend it. Thank you for your advice really appreciate it!

- u can amend it under filing status Married Filing Separate in that case u dont need ITIN (Tax number which u can acquire by submitting yr attested marriage certificate, birth certificate n Passport copy,/ some photo identity documents with Form W7 at IRS, it takes at least Four weeks to get. yr accountant may guide u regarding that just wanna give u hint of that) or SSN. 

_ In MFS status u only need to put name of yr spouse on tax return no further document is needed furthermore u cant claim any tax exemptions ur benefits of filing married.

- If u have any children as dependent then u must have to change it as Head of House status.

- If u want to change it as Married File Jointly Then u must have beneficiary ITIN/SSN, Under this Tax Filing Status u can claim Tax exemptions as married.

Please keep in mind that many accountants just hv below the basic knowledge so they misguided many people that they cant file as married while having NRA spouses .

[pushbrk 12,892]

4 hours ago, Khallaf said:

you can not file single when married you can file MFS he does not have to be in USA to file that, but you now MUST amend your returns and do it ASAP

Clearly, you "can" because she OP and many others "HAVE".  It's a good idea to amend the return but there's no hurry to do so, as there is no penalty for overpayment of taxes, AND filing as single does not impact the visa process.   

[bakphx1 789]

You can file an amended return and the married tax break is worth it.   

 

You need to get an ITIN and as one who filed for a spouse who wasn't here yet, here is how you do it:

 

Don't bother with the SSA because they won't take the application except with the person there. Plus you need to attach the request to the return. 

 

Google ITIN acceptance agents.  These are tax preparers who can validate the passport and submit everything (I paid $200).

 

Have the amended return and ITIN form completed and send to your spouse to sign. This can be done electronically, don't sign it till you get it back. 

 

Have him send you the signed forms and passport together.  Take to the agent.  They'll photocopy the passport and attest to the authenticity.  I took a birth certificate but it was backup and early on I had mine send an official  copy of it for such things. 

 

Return the passport.  When he gets his SS number, mail a copy of the card with a copy of the ITIN notification for SSA to crosswalk. 

 

The increased tax credit pays for the fees and possibly your visa fees. 

 

Alternatively, you can wait for him to be here and do it all when he has his SSN.  I needed his ITIN for insurance coverage at open enrollment.  The number allows you to do such things as well. Just not employment related stuff. 

 

Edited February 24, 2018 by bakphx1@aol.com

[pushbrk 12,892]

Careful sending passports by international courier when a visa interview is pending.  The passport is needed to attend the interview.  People often wait until the immigrant is in the US, to file the amended return.

[OlayemiLoray 172]

6 hours ago, pushbrk said:

Clearly, you "can" because she OP and many others "HAVE".  It's a good idea to amend the return but there's no hurry to do so, as there is no penalty for overpayment of taxes, AND filing as single does not impact the visa process.   

What he said^^^^^^ I filed single on my tax returns for 2016 because they told me I could not filed MFS because my husband doesn't live in the country and doesn't have a social security number..Just like you I was panicking, but was told that most embassies are aware of this happening and will look over this matter and that it won't affect the Visa process..My docs went through fine at the NVC stage...However, I was told to get it amended and I will once he gets here..