Most recent tax filed as single before marriage

[Beedee170407 0]

Hi everyone,

 

My fiancé and I are getting married soon, really excited 😍. I would like to find out if he would need to change his tax status from single to married but filing single once we’re married. We’re a little confused because he filed as single before proposing to me and obviously before our wedding. Will he need to change the status of the tax year just gone or wait for the next one?

 

i heard that not filing correctly could affect our application but not sure which option we are supposed to go with.

 

thank you

[USS_Voyager 1,972]

3 minutes ago, Beedee170407 said:

he would need to change his tax status from single to married

If he is married for any day in 2019, he files as married. You can file as jointly or separately, but it needs to be married, not single.

[Beedee170407 0]

Ok, thank you.

 

He’s American and I’m Nigerian so he’s the only one changing his tax status. Do you have any idea on how to do this?

4 minutes ago, USS_Voyager said:

If he is married for any day in 2019, he files as married. You can file as jointly or separately, but it needs to be married, not single.

 

[USS_Voyager 1,972]

Just now, Beedee170407 said:

Ok, thank you.

 

He’s American and I’m Nigerian so he’s the only one changing his tax status. Do you have any idea on how to do this?

 

Yes, really easy. When he files taxes for 2019, file it as married. That is just something you choose when you file

[Beedee170407 0]

Just now, USS_Voyager said:

Yes, really easy. When he files taxes for 2019, file it as married. That is just something you choose when you file

Ok, but he won’t be able to file for 2019 until early next year. We intend to start our I-130 petition shortly after our wedding. So I would like to know if he would need to change his status on his most recent filing even though we got married after that tax year. So basically, would he need to change his 2018 tax filing to married but filing single before we start our petition?

 

or is it fine left as single until he files his 2019 taxes?

[JMPM 507]

5 minutes ago, Beedee170407 said:

Ok, but he won’t be able to file for 2019 until early next year. We intend to start our I-130 petition shortly after our wedding. So I would like to know if he would need to change his status on his most recent filing even though we got married after that tax year. So basically, would he need to change his 2018 tax filing to married but filing single before we start our petition?

 

or is it fine left as single until he files his 2019 taxes?

Answer this question. Was he married in 2018?

If no. Single

if yes. He needs to change his filing.  

 

If he is single and gets married in 2019. He will be filing in 2020 and before 2020 April 15 (tax deadline for the new tax season). 

[USS_Voyager 1,972]

9 minutes ago, Beedee170407 said:

Ok, but he won’t be able to file for 2019 until early next year. We intend to start our I-130 petition shortly after our wedding. So I would like to know if he would need to change his status on his most recent filing even though we got married after that tax year. So basically, would he need to change his 2018 tax filing to married but filing single before we start our petition?

 

or is it fine left as single until he files his 2019 taxes?

No, if he was single in 2018, then no need to change. They are not crazy, they can read and know that he was single up until he gets married in 2019.

[Beedee170407 0]

2 minutes ago, JMPM said:

Answer this question. Was he married in 2018?

If no. Single

if yes. He needs to change his filing.  

 

If he is single and gets married in 2019. He will be filing in 2020 and before 2020 April 15 (tax deadline for the new tax season). 

Now I understand, thanks for the clarity!

[Beedee170407 0]

7 minutes ago, USS_Voyager said:

No, if he was single in 2018, then no need to change. They are not crazy, they can read and know that he was single up until he gets married in 2019.

Got it. Thanks a bunch!

[payxibka 10,045]

Your tax filing status is based upon your marital status as of the last day of the tax year.

[payxibka 10,045]

33 minutes ago, USS_Voyager said:

If he is married for any day in 2019

Not true.  It is based on the marital status as of the LAST day of the tax year 

[JeanneAdil 6,505]

Best way to do this for out high fraud embassys is follow IRS site for adding the alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

the W7 form is filed out with the tax retrurns in the spring (paper filing as the online apps have no info on this)

the W7 wlll need supporting evidence such as marriage certificate,   see the IRS site for info

the alien will be assigned a ITIN (individual tax payer ID number) 

USC can now claim the spouse 

 

other VJ members have left the SS part for alien blank but for us from Africa the W7 and ITIN is the best way to go

you will now start the process to show commingling of finances for the embassy interview

[Beedee170407 0]

5 minutes ago, JeanneAdil said:

Best way to do this for out high fraud embassys is follow IRS site for adding the alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

the W7 form is filed out with the tax retrurns in the spring (paper filing as the online apps have no info on this)

the W7 wlll need supporting evidence such as marriage certificate,   see the IRS site for info

the alien will be assigned a ITIN (individual tax payer ID number) 

USC can now claim the spouse 

 

other VJ members have left the SS part for alien blank but for us from Africa the W7 and ITIN is the best way to go

you will now start the process to show commingling of finances for the embassy interview

Ok. Thank you

[JeanneAdil 6,505]

3 minutes ago, Beedee170407 said:

Ok. Thank you

Sorry should have said you claim on the tax return for the year you marry and file that W7

you also should read about the foreign income exclusion and file Form 2555 if spouse works 

 

The Foreign Earned Income Exclusion (FEIE, using IRS Form 2555) allows you to exclude a certain amount of your FOREIGN EARNED income from US tax. For tax year 2018 (filing in 2019) the exclusion amount is $103,900. ... The exclusion applies only to foreign earned income.

[Esther Jeru 53]

i personally didnt have that problem when filing. I filed single cuz my husband didn't have a SSN since its needed to file as married. I read here that i needed to apply for an EIN number for him but i didnot. i had no issues with that throughout the interview. From all my time been on VJ, I have never heard of someone who had an issue at the interview because they filed single because their spouse wasn't in the us.