My wife files single on her tax

[Mark19 6]

Hi everyone my wife file single on her tax even though  she’s married what will happen ? will it affect my petition? I-130

can anybody help me 

[Duke & Marie 1,389]

1 hour ago, macmac19 said:

Hi everyone my wife file single on her tax even though  she’s married what will happen ? will it affect my petition? I-130

can anybody help me 

I believe this is an IRS issue, since she’s not permitted to file as single if married.. when married she must file jointly, HOH or MFS.. 

 

i dont think it will affect the petition, but she should file an amendment for taxes with irs 

[Rachel & Ghassan 3]

Hey.. I am going through the same thing.  I filed single on my taxes because my accountant told me that there is no way to file married since my husband does not have a Social Security # or ITIN. He also told me he doubts the IRS will issue an ITIN for my husband because he has never stepped foot in the USA (he also had a previous case denied). 

 

So I winded up filing an amendment and requesting an ITIN for my husband, just in case. At least I have proof of trying to file as married. We'll see and good luck!

[Tesco 70]

I'd get an ITIN as you can then file MFJ. I got one for my wife when she was in the U.S. visiting via a CAA. Not only is this often advantages from a refund perspective, but you'l show greater Household Income for the I-864(EZ) (providing she/he has any income).

You can get an ITIN from overseas, even if you've never been Stateside. You'd need to send off passport etc, check IRS website for details,

Edited February 7, 2020 by Tesco

[Melc 138]

3 hours ago, Rachel & Ghassan said:

HI filed single on my taxes because my accountant told me that there is no way to file married since my husband does not have a Social Security # or ITIN. He also told me he doubts the IRS will issue an ITIN for my husband because he has never stepped foot in the USA (he also had a previous case denied). 

 

This is false and your accountant is misinformed. Filing as anything other than Married when you were married that year on the 31st of December is a misrepresentation and can be held against you in the visa process. If you have already filed, please amend your return ASAP.  

 

You can file as Married Filing Separately without an ITIN/SSN if the spouse is not a US resident. In this case you need to file via mail as e-filing is not accepted, and in the spot for the spouse's SSN you write: "NRA" for non-resident alien. This is detailed here:
 

https://www.irs.gov/publications/p501#en_US_2019_publink1000220767

 

Edit: For tax reasons it will likely be beneficial to file jointly and apply for an ITIN as mentioned above. My main point is that once you are married, filing as single is simply not a legal option. 

Edited February 7, 2020 by Melc

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[NikLR 13,227]

I'm beginning to think  some accountants have as much credibility as some lawyers. 

[Tesco 70]

On 2/7/2020 at 10:42 AM, Melc said:

 

This is false and your accountant is misinformed. Filing as anything other than Married when you were married that year on the 31st of December is a misrepresentation and can be held against you in the visa process. If you have already filed, please amend your return ASAP.  

 

You can file as Married Filing Separately without an ITIN/SSN if the spouse is not a US resident. In this case you need to file via mail as e-filing is not accepted, and in the spot for the spouse's SSN you write: "NRA" for non-resident alien. This is detailed here:
 

https://www.irs.gov/publications/p501#en_US_2019_publink1000220767

 

Edit: For tax reasons it will likely be beneficial to file jointly and apply for an ITIN as mentioned above. My main point is that once you are married, filing as single is simply not a legal option. 

Some preparation software, TaxAct for example has a check box that addresses the NRA and lack of SSN/ITIN for filing MFS. On selection it will populate the line in question, thus allowing e-filing. 

Edited February 9, 2020 by Tesco

[Just Paul 4,595]

On 2/7/2020 at 12:36 AM, macmac19 said:

Hi everyone my wife file single on her tax even though  she’s married what will happen ? will it affect my petition? I-130

can anybody help me 

You don't have a timeline; if you were married by December 31st, then she files as married or HOH

[Melc 138]

3 hours ago, Tesco said:

Some preparation software, TaxAct for example has a check box that addresses the NRA and lack of SSN/ITIN for filing MFS. On selection it will populate the line in question, thus allowing e-filing. 

Oh! That’s interesting to know! We might switch away from turbotax then, thanks!