NVC Filers - March 2019

[Vj USerr 99]

3 minutes ago, @ab12 said:

what do you mean not living more than six months with him , we were married in Jan 2018 .

So did you live with him or her together for more than 6 months? 

[ABA17 13]

9 minutes ago, Vj USerr said:

So did you live with him or her together for more than 6 months? 

after our marriage we lived for 4 months and then go back to US then he came in september 2018  and lived for 3 months . So what should out status now

[ABA17 13]

16 minutes ago, Vj USerr said:

So did you live with him or her together for more than 6 months? 

we didnt live continously 6 months after marriage but lived together more than 6 months like almost 7 months or may by 6 months total. 

Edited March 28, 2019 by @ab12

[Vj USerr 99]

8 minutes ago, @ab12 said:

after our marriage we lived for 4 months and then go back to US then he came in september 2018  and lived for 3 months . So what should out status 

He is ok filling single but if he didnt file yet then he can choose married filing separately or head of household if he have any dependents.Like i explained it to you i filed as single this year taxes and NVC accepted it with no issues. One things rest assure it wont impact you any way on immigration regardless of your tax status. Like i explained if he had already filed please take no headaches and if he didnt then he can file as married file separately. But if you are concern ,he can still change the filing status and file an ammend return 1040z and can change his status ,no harm in it. 

Long story short :filing as single wont impact u on immigration or later in taxes. If you still concern then please file an ammend return and change the status. 

[king julian 5]

It is illegal to file as single if you are married. This has nothing to do with the NVC or USCIS. While it may very well not impact your NVC case at all it is, nevertheless, still illegal. As many people have already stated your options are 'married filing separately' or 'married filing jointly'. It has nothing to do with whether you live together or not, geography is not the issue. If you do not want the hassle of amending I suggest making sure that in the next years tax return you make sure you file as married.

[nastra30 2,284]

Some people are playing around with a federal agency lying on IRS tax forms. If the petitioner is a married, for US IRS tax purposes, he/she can't file as single. It doesn't matter whether they live with spouse or not, whether spouse is in the country or not, whether spouse works or not, whether spouse has SSN/ITIN or not, you just can't file as single. The IRS law is clear cut; it's a no brainer.

Ignorance of the law is no excuse. Those saying filing single is accepted even if you are married, show me any IRS law or provision that says so. Even if USCIS/NVC accepts it doesn't make it correct. Doing things the right way from the onset relieves you of any future headaches. 

If you are not sure of your filing status, check link below or call the IRS directly.

https://www.irs.gov/help/ita/what-is-my-filing-status

 

I'll always be against misinformation. That's my motto.

Edited March 28, 2019 by nastra30

[king julian 5]

21 minutes ago, nastra30 said:

Some people are playing around with a federal agency lying on IRS tax forms. If the petitioner is a married, for US IRS tax purposes, he/she can't file as single. It doesn't matter whether they live with spouse or not, whether spouse is in the country or not, whether spouse works or not, whether spouse has SSN/ITIN or not, you just can't file as single. The IRS law is clear cut; it's a no brainer.

Ignorance of the law is no excuse. Those saying filing single is accepted even if you are married, show me any IRS law or provision that says so. Even if USCIS/NVC accepts it doesn't make it correct. Doing things the right way from the onset relieves you of any future headaches. 

If you are not sure of your filing status, check link below or call the IRS directly.

https://www.irs.gov/help/ita/what-is-my-filing-status

 

I'll always be against misinformation. That's my motto.

Could not agree more... not to mention, there is no down side, just another small piece of evidence of commingled 'finances', everybody wins!  

[nastra30 2,284]

3 hours ago, @ab12 said:

Hey guys now im so confused what to do because many of you says to file tax as married filing seprately and some says single is okay.My husband file as a single ! what to do now because we are not in a nvc stage yet but we dont want to delay our case in next coming months .. So can anybody tell me and help me in this ? Does it will impact on our case if my husband filed single..?? if yes then what can he do now ?? Can he change status now ?? and whats that form of filing tax 1099 or 1040 and whats w2 or w7. 

 

2 hours ago, @ab12 said:

yeah but how it affects in future tax?? my friends husband i talked yesterday she is now in US , her husband is us citizen , i talked to her husband too , he said he filed single ,now his wife is here and now they change the status from single to married .

some people talked about that if you didnt filed married filing seprately you will have problem in future taxes .

OR

is there any rules change for tax filing for married couples ??

You'll have to amend what you submitted to IRS later which is one headache you could have avoided if than correctly to begin with. However, make sure you amend it and not leave it on your IRS record that you filed single even though you were married.

Check link below for in depth discussion on this and don't go with misinformation.

 

 

[Jay and Hime 60]

2 hours ago, king julian said:

It is illegal to file as single if you are married. This has nothing to do with the NVC or USCIS. While it may very well not impact your NVC case at all it is, nevertheless, still illegal. As many people have already stated your options are 'married filing separately' or 'married filing jointly'. It has nothing to do with whether you live together or not, geography is not the issue. If you do not want the hassle of amending I suggest making sure that in the next years tax return you make sure you file as married.

No it’s not. We all need to educate ourselves. I am a CPA and Tax-Preparer! It’s not lying to the IRS. The IRS laws are very complex. Fore IRS purposes you may file head of household if you are “considered unmarried”. There are guidelines that go with this. See below and hope it helps. If your spouse is physically with you or is only away temporarily for an assignment , you cannot file Head of Household.  

 

However this is a fact, 

Considered unmarried

The IRS also requires all taxpayers who file as head of household to be "considered unmarried" as of the last day of the tax year.

 

“To be considered unmarried means:

• You file a separate return
• You paid more than half of the cost of keeping up your home for the tax year
• You spouse did not live in the home during the last 6 months of the tax year
• Your home was the main home for the qualifying person for at least 6 months of the tax year
• You must be able to claim the child as a dependent

Keep in mind that if you and your spouse lived in separate homes due to a temporary circumstance, such as military service, business trips, a stay in a medical treatment facility, or attendance at college, the IRS still considers you married for that tax year.” 

 

[nastra30 2,284]

21 minutes ago, Jay and Hime said:

No it’s not. We all need to educate ourselves. I am a CPA and Tax-Preparer! It’s not lying to the IRS. The IRS laws are very complex. Fore IRS purposes you may file head of household if you are “considered unmarried”. There are guidelines that go with this. See below and hope it helps. If your spouse is physically with you or is only away temporarily for an assignment , you cannot file Head of Household.  

 

However this is a fact, 

Considered unmarried

The IRS also requires all taxpayers who file as head of household to be "considered unmarried" as of the last day of the tax year.

 

“To be considered unmarried means:

• You file a separate return
• You paid more than half of the cost of keeping up your home for the tax year
• You spouse did not live in the home during the last 6 months of the tax year
• Your home was the main home for the qualifying person for at least 6 months of the tax year
• You must be able to claim the child as a dependent

Keep in mind that if you and your spouse lived in separate homes due to a temporary circumstance, such as military service, business trips, a stay in a medical treatment facility, or attendance at college, the IRS still considers you married for that tax year.” 

 

I think @king julianalready understands what you are describing. What he's alluding to is if you are married and your spouse is a non-resident, your only options are 'Married Filing Separate' , 'Married Filing Jointly' and 'Head of Household' - based on certain situations as you've described. 

So the question at hand is can one file as single when you are actually married?

The question is not can you file as HOH when you are single or married.

[Jay and Hime 60]

48 minutes ago, nastra30 said:

I think @king julianalready understands what you are describing. What he's alluding to is if you are married and your spouse is a non-resident, your only options are 'Married Filing Separate' , 'Married Filing Jointly' and 'Head of Household' - based on certain situations as you've described. 

So the question at hand is can one file as single when you are actually married?

The question is not can you file as HOH when you are single or married.

You cannot file as single if you are married regardless if your spouse is a non-citizen and living with you. 

[nyokie 572]

let them file what they want file specially after they already get the information's, some people already say what to do and not to do, so let them make that decide because later they will say they shouldn't have taking anyone advice. at the end of the day it was explained.   

 

any case close?

[nicedamsel 216]

4 minutes ago, nyokie said:

let them file what they want file specially after they already get the information's, some people already say what to do and not to do, so let them make that decide because later they will say they shouldn't have taking anyone advice. at the end of the day it was explained.   

 

any case close?

Not yet. We're expecting 

[nyokie 572]

1 minute ago, nicedamsel said:

Not yet. We're expecting 

when you submitted your?

[king julian 5]

1 hour ago, nastra30 said:

I think @king julianalready understands what you are describing. What he's alluding to is if you are married and your spouse is a non-resident, your only options are 'Married Filing Separate' , 'Married Filing Jointly' and 'Head of Household' - based on certain situations as you've described. 

So the question at hand is can one file as single when you are actually married?

The question is not can you file as HOH when you are single or married.

Yes. Apologies, I forgot about HOH, mainly as it involves a fairly specific set of circumstances. The issue is if you are married you should not file as single.