NVC Filers - March 2019

[M@K12 112]

6 minutes ago, nastra30 said:

You can't file as single because that will be lie. You must file as married.

as per IRS understanding, it is for tax purpose.  A husband and wife if they want to claim spouse benefits according to their work status they filed jointly. 

Options on Form 1040: 

 Are you filing 

1) Single

2) Married filing jointly

3) Married filing separately 

4) Head of Household

5) Qualifying Widow(er)

 

I am the beneficiary, not residing in USA. I am not filing my tax return separately in USA, anyway. 

Therefore, My petitioner is technically filing return as single. 

 

NOTE:  THIS IS FOR TAX PURPOSE. WE ARE NOT LYING.

ACCORDING TO FORM WE FILL UP THE DETAILS.

 

[Our Journey2019 57]

2 hours ago, nastra30 said:

You can't file as single because that will be lie. You must file as married.

My understanding is that they can still file single mostly because their spouse isnt here yet, and also it is an option to file single while married

[krazyprocess 8]

3 hours ago, M@K12 said:

as per IRS understanding, it is for tax purpose.  A husband and wife if they want to claim spouse benefits according to their work status they filed jointly. 

Options on Form 1040: 

 Are you filing 

1) Single

2) Married filing jointly

3) Married filing separately 

4) Head of Household

5) Qualifying Widow(er)

 

I am the beneficiary, not residing in USA. I am not filing my tax return separately in USA, anyway. 

Therefore, My petitioner is technically filing return as single. 

 

NOTE:  THIS IS FOR TAX PURPOSE. WE ARE NOT LYING.

ACCORDING TO FORM WE FILL UP THE DETAILS.

 

You should file “married filing separately”, not “single” because you are not single. 

[Mrsamoah2019 593]

I filed HOH because I have dependents but do not file single...file married filing separately..u do not want your embassy to question anything 

[Vj USerr 99]

3 minutes ago, Mrsamoah2019 said:

I filed HOH because I have dependents but do not file single...file married filing separately..u do not want your embassy to question anything 

This isnt any issue , you can file single since your spouse isnt here and she hasn't got ssn .while i was trying to file married it was asking for spouse ssn and it didnt let me file jointly 

[Mrsamoah2019 593]

1 minute ago, Vj USerr said:

This isnt any issue , you can file single since your spouse isnt here and she hasn't got ssn .while i was trying to file married it was asking for spouse ssn and it didnt let me file jointly 

I was told to put non resident alien in the box where it has SSN and u have to mail instead of electronic..and this was by a tax professional

[Vj USerr 99]

1 minute ago, Mrsamoah2019 said:

I was told to put non resident alien in the box where it has SSN and u have to mail instead of electronic..and this was by a tax professional

Okay i see since i filed electronically but honestly embassy doesnt care however u filed ur taxes. I have seen many people filed single and embassy didnt even blink a eye on them.

[IloveDanang 38]

4 hours ago, nastra30 said:

You can't file as single because that will be lie. You must file as married.

I filed married but filing separately.  The account transcript shows single.  Not sure why.  Hopefully the tax transcript shows up correctly.  

[M@K12 112]

5 minutes ago, Vj USerr said:

This isnt any issue , you can file single since your spouse isnt here and she hasn't got ssn .while i was trying to file married it was asking for spouse ssn and it didnt let me file jointly 

Well,  Exactly as you said,  

Beneficiary is not US resident (even for tax purpose yet). Therefore, NO SSN and NO ZERO Income to be mention for IRS.

 

21 minutes ago, krazyprocess said:

You should file “married filing separately”, not “single” because you are not single. 

it will only applicable if beneficiary is also going to filing the return. 

 

 Well, my spouse's accountant (Tax specialist) has filed as single. 

 

[Klam 24]

26 minutes ago, M@K12 said:

Well,  Exactly as you said,  

Beneficiary is not US resident (even for tax purpose yet). Therefore, NO SSN and NO ZERO Income to be mention for IRS.

 

it will only applicable if beneficiary is also going to filing the return. 

 

 Well, my spouse's accountant (Tax specialist) has filed as single. 

 

This is totally wrong and either your spouse's accountant is not aware of the marriage or you guys need a new accountant.  You cannot file as "Single" if you are in a legal marriage recognized by the US.  The correct status is "Married filing separately" (or HoH if you qualify).  It doesn't matter if the beneficiary isn't in the US or doesn't have to to file US taxes.  The beneficiary in this case is a "nonresident alien".  For the spouse's SSN, you would put "NRA".  Alternatively you can get an ITIN for the spouse.  This is unlikely to cause issues with immigration but CAN cause you issues with the IRS if caught.  This can be very bad news, especially if you underpaid your taxes due to the filing error (tax brackets for single and MFS aren't identical).

 

You can find numerous articles on google confirming this.

https://www.irs.gov/individuals/tax-trails-filing-status-of-a-u-s-citizen-or-resident-alien-married-to-a-nonresident-alien

https://www.hrblock.com/tax-center/filing/personal-tax-planning/tax-help-for-us-citizen-married-to-non-resident/

[The Rock ll 227]

16 minutes ago, Klam said:

This is totally wrong and either your spouse's accountant is not aware of the marriage or you guys need a new accountant.  You cannot file as "Single" if you are in a legal marriage recognized by the US.  The correct status is "Married filing separately" (or HoH if you qualify).  It doesn't matter if the beneficiary isn't in the US or doesn't have to to file US taxes.  The beneficiary in this case is a "nonresident alien".  For the spouse's SSN, you would put "NRA".  Alternatively you can get an ITIN for the spouse.  This is unlikely to cause issues with immigration but CAN cause you issues with the IRS if caught.  This can be very bad news, especially if you underpaid your taxes due to the filing error (tax brackets for single and MFS aren't identical).

 

You can find numerous articles on google confirming this.

https://www.irs.gov/individuals/tax-trails-filing-status-of-a-u-s-citizen-or-resident-alien-married-to-a-nonresident-alien

https://www.hrblock.com/tax-center/filing/personal-tax-planning/tax-help-for-us-citizen-married-to-non-resident/

I filed mine same way married filling separate...I mailed the tax forms and when IRS processed mine it shows SINGLE...so it’s so confusing...I just have to wait for mine tax transcripts...

[nastra30 2,314]

5 hours ago, M@K12 said:

as per IRS understanding, it is for tax purpose.  A husband and wife if they want to claim spouse benefits according to their work status they filed jointly. 

Options on Form 1040: 

 Are you filing 

1) Single

2) Married filing jointly

3) Married filing separately 

4) Head of Household

5) Qualifying Widow(er)

 

I am the beneficiary, not residing in USA. I am not filing my tax return separately in USA, anyway. 

Therefore, My petitioner is technically filing return as single. 

 

NOTE:  THIS IS FOR TAX PURPOSE. WE ARE NOT LYING.

ACCORDING TO FORM WE FILL UP THE DETAILS.

 

That is WRONG. The petitioner has to file as married they married. Otherwise, it's a lie.

1 hour ago, M@K12 said:

Well,  Exactly as you said,  

Beneficiary is not US resident (even for tax purpose yet). Therefore, NO SSN and NO ZERO Income to be mention for IRS.

 

it will only applicable if beneficiary is also going to filing the return. 

 

 Well, my spouse's accountant (Tax specialist) has filed as single. 

 

Tax specialist made a mistake. Should have been married filing separate.

Edited March 27, 2019 by nastra30

[nastra30 2,314]

2 hours ago, Our Journey2019 said:

My understanding is that they can still file single mostly because their spouse isnt here yet, and also it is an option to file single while married

That is not true. You'll have to file as married filing separate.

[nastra30 2,314]

1 hour ago, Vj USerr said:

Okay i see since i filed electronically but honestly embassy doesnt care however u filed ur taxes. I have seen many people filed single and embassy didnt even blink a eye on them.

You should care about the immigration benefits in the future (like applying for citizenship etc) when one rouge USCIS rep or background check will just delay you receiving your future benefits. Please stop encouraging people to do the wrong thing.

Edited March 27, 2019 by nastra30

[M@K12 112]

To all friends, ASK your Tax professionals even call IRS before filing TAX Return. 

 

As our senior members are advising It may not affect immigration but can affect affect your future Tax returns.