I-130 Tax return filed as SINGLE

[ramesesthe2nd 149]

You need to amend your taxes ASAP and file as MARRIED FILLING SEPARATELY. You are not Single, so don't file you taxes as SINGLE. It is as simple as that.

[florida racer 73 200]

4 minutes ago, geowrian said:

If he said you cannot file as married since your spouse is abroad and/or because they don't have an SSN or ITIN, then he was wrong. Many people do this fine (and properly), and the 1040 instructions describe how to do so (https://www.irs.gov/pub/irs-pdf/i1040gi.pdf).

The amendments are already prepared but I will not submit them until my wife is here legally, first off the government is getting more money off of me right now because I will receive more credits as married, but I just have one question..... has anyone ever been denied due to an incorrect filing status on their tax returns?

 

Remember, there is a couple of week processing times from when you ammend the taxes to when the transcripts become available, if a person is close to their interview like me, you do not want to do that now, just explain at the interview and bring the amendments with you (like I have right now).

 

I learned a long time ago to always trust my CPA, he handles all of my books in personal and business and I have never been questioned, I will not start second guessing him now.

 

 

[bakphx1 789]

Relax.  You aren’t the first by far.  Just amend your return.  Ideally as married for the extra tax break.  

[Crazy Cat 41,845]

2 hours ago, j&ana said:

you should get an ITIN number for your husband and amend your tax return  from single to married  filing jointly every year that you was married. It will give you the best tax benefits.

Maybe....maybe not.....There are situations in which it is better to file "Married, filing separately".  It depends on the income of the foreign spouse, etc. 

Remember, if filing jointly, the couple is required to report world-wide income for both spouses.

Edited June 24, 2018 by missileman

[Crazy Cat 41,845]

2 hours ago, florida racer 73 said:

My CPA of over 30 years does both my corporate taxes and my personal taxes, he told me being as my wife is not in the country and that she does not have an ITIN, I cannot file as married, I filed as single.

That is 100% incorrect.

[Crazy Cat 41,845]

2 hours ago, WJC said:

I was married in November 2017 and asked the person doing my taxes about it and they said to file single,

That person was wrong.  You should have filed as married.

[mushroomspore 3,044]

This question comes up a lot and a quick Google search answers it easily. If married, you cannot file as single, even if you and/or your spouse are abroad. You must file even if you are an USC and are not living in the US. It's not a big deal to amend and it is completely free to do so.

[geowrian 22,337]

Because I am paying more, it is correct/fine -> That's not how it works.

The timeline doesn't work for me, so I won't bother fixing it yet -> That's not how it works.

Plausible deniability is a powerful thought, often with few benefits.

[florida racer 73 200]

3 hours ago, geowrian said:

If he said you cannot file as married since your spouse is abroad and/or because they don't have an SSN or ITIN, then he was wrong. Many people do this fine (and properly), and the 1040 instructions describe how to do so (https://www.irs.gov/pub/irs-pdf/i1040gi.pdf).

Well, I appreciate the input, but I will listen to my CPA, he has been doing my return for a long time as well as handling my books and I have never had a problem, nor have I ever questioned his judgement.

 

As I said, we have an interview very shortly, I have no plans to amend until after my wife is here

[Crazy Cat 41,845]

10 minutes ago, florida racer 73 said:

Well, I appreciate the input, but I will listen to my CPA, he has been doing my return for a long time as well as handling my books and I have never had a problem, nor have I ever questioned his judgement.

 

As I said, we have an interview very shortly, I have no plans to amend until after my wife is here

Very poor decision. Your CPA is not infallible.  Your CPA is wrong if he/she told you to file as single when you are married........but you will learn eventually.......

Edited June 24, 2018 by missileman

[Ketsuban 1,034]

It's extremely easy to file as married while your spouse isn't residing here. For people filing a regular 1040 or 1040EZ, put NRA in the spouse's SSN field and file as married filing separately. If amending, do the same with a 1040x. This is what we did, then when I came out here we amended them to married filing jointly once I got my SSN and we got a refund from it. When filing jointly, use a 2555/2555EZ to exclude most/all of your spouse's foreign income that you reported on the 1040.

Edited June 24, 2018 by Ketsuban

[florida racer 73 200]

2 minutes ago, missileman said:

Stupid decision.  Your CPA is wrong if he/she told you to file as single when you are married........but you will learn eventually.......

yeah okay.......

thanks!

 

What is stupid about not redoing my taxes a week before the interview? Are you a CPA with over 30 years experience?

 

     

[Crazy Cat 41,845]

Just now, florida racer 73 said:

yeah okay.......

thanks!

 

What is stupid about not redoing my taxes a week before the interview? Are you a CPA with over 30 years experience?

 

     

You can amend your taxes at any time.  I am not questioning that.  I am, however, telling you that if your CPA told you to file as single when you were married as of Dec 31st of the tax year, he or she did not give you sound filing information.   I am intelligent enough to read the IRS publication which clearly states that if an individual is married, he/she can not file as single.....I advise you to do the same.

[florida racer 73 200]

9 minutes ago, missileman said:

Stupid decision.  Your CPA is wrong if he/she told you to file as single when you are married........but you will learn eventually.......

I do not appreciate you telling me that the CPA is wrong, you have no idea who he is or has worked for. He has done alot of work and saved me alot of money on both my corporate returns and personal returns. I have never had a question raised by his work.

 

If you do not agree with what I am doing, that is fine. It is my choice!

 

Have a good night

 

[florida racer 73 200]

2 minutes ago, missileman said:

You can amend your taxes at any time.  I am not questioning that.  I am, however, telling you that if your CPA told you to file as single when you were married as of Dec 31st of the tax year, he or she did not give you sound filing information.   I am intelligent enough to read the IRS publication which clearly states that if an individual is married, he/she can not file as single.....I advise you to do the same.

I guess you did not read the part I posted where I said I will amend them when she is legally here.

 

Thank you for your concern

 

Have a good night