Married after filing N400 as single

[stech786 236]

I submitted my N400 in Jan 2018 as single and got married in Apr 2018 oversea. I submitted I-130 also in Apr 2018

 

should I send update to my N400 application or just until my interview (waiting time is 1 yr)

 

I will be filing taxses as single since my wife isn’t here is US

Edited May 27, 2018 by stech786

[geowrian 22,337]

1. Do NOT file taxes as single if you are married on the last day of the tax filing year. This is in the 1040 instructions. You can file MFS and use "NRA" for your spouse's SSN/ITIN, or HOH if you have non-spousal dependents in the US.
2. Personally I would just bring the marriage certificate to the interview.

Edited May 27, 2018 by geowrian

[stech786 236]

23 hours ago, geowrian said:

1. Do NOT file taxes as single if you are married on the last day of the tax filing year. This is in the 1040 instructions. You can file MFS and use "NRA" for your spouse's SSN/ITIN, or HOH if you have non-spousal dependents in the US.
2. Personally I would just bring the marriage certificate to the interview.

 

Oh I didn’t know there was a rule out there to file MFS even if spouse was oversea. 

 

But I’m still confuse why would I need to file MFS? Is there IRS code that I can read. 

 

Since this apply to me next year filing taxes, What would be the conquences if I file single and take my marriage certificate to interview?

 

thank you both for quick response. 

[geowrian 22,337]

5 minutes ago, stech786 said:

Oh I didn’t know there was a rule out there to file MFS even if spouse was oversea. 

 

But I’m still confuse why would I need to file MFS? Is there IRS code that I can read. 

 

Since this apply to me next year filing taxes, What would be the conquences if I file single and take my marriage certificate to interview?

For 2017 taxes, it sounds like you were single so you can file as single for that tax year.

For 2018 taxes, you will presumably be married so you would need to file under a status that permits this (MFS being the likely one, unless she obtains an ITIN).

 

1040 instructions: https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

See page 14 regarding filing statuses. Specifically:

"Married Filing Separately

...

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.”"

 

You can see the requirements for filing as Single as well.

There's a section for Head Of Household (HOH), describing the circumstances where living apart for 6+ months + having a dependent + meeting other requirements can qualify for this status.

 

As noted, there's no issue filing as single for the 2017 tax year since you married in 2018.

[stech786 236]

Thanks @geowrian