File taxes as single

[Oreshkova21 1]

Hi everyone,

 

My husband and I are getting ready to file an i-130. We've been living together in Russia for the past 3 years and so my husband wasn't able to work so he didn't file his taxes. This year he filed but stated that he was single on the form because it wouldn't go through otherwise. Will that influence the process? His mom is our co-sponsor and her taxes are fine.

Thank you so much in advance!

Edited June 14, 2020 by Oreshkova21

[JeanneAdil 6,498]

if he was married in 2019 ,  he needs to file as married

and file a w7 form for your  ITIN and claim you

he is not single 

if married in 2019 (or before)  amend this 

he can claim married filing jointly or married filing seperate

 

[Oreshkova21 1]

@JeanneAdil thank you! We live in Russia so I don't have an ITIN and there was no option to pick n/a on the online form. 

[Crazy Cat 41,845]

5 minutes ago, Oreshkova21 said:

@JeanneAdil thank you! We live in Russia so I don't have an ITIN and there was no option to pick n/a on the online form. 

He should amend his tax return to "married-Filing Separately"......He was not single, therefore he cannot legally file as single.  It is an IRS issue...not an immigration issue.

Edited June 14, 2020 by Lucky Cat

[JeanneAdil 6,498]

can 

3 minutes ago, Oreshkova21 said:

@JeanneAdil thank you! We live in Russia so I don't have an ITIN and there was no option to pick n/a on the online form. 

can not do it online but it is worth it and helps serve as proof to immigration

send in the forms to amend 1040x and follow this site

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse#:~:text=If your spouse is a,Taxpayer

 

also file 2555 which allows $105,000 of foreign income exclusion

[Oliversmom 250]

You really need to amend your taxes.  A few years ago when my husband was still in his home country I filed as single when we were married.  It didn't effect our immigration process.  But a couple of years down the road it came up in a financial transaction and almost cost me a lot of money.  I was able to fix it by amending my taxes.  But you don't want this to come back and bite you like it did me.  So just amend them now.  It is an easy process.  

[igoyougoduke 1,656]

1 hour ago, Oreshkova21 said:

Hi everyone,

 

My husband and I are getting ready to file an i-130. We've been living together in Russia for the past 3 years and so my husband wasn't able to work so he didn't file his taxes. This year he filed but stated that he was single on the form because it wouldn't go through otherwise. Will that influence the process? His mom is our co-sponsor and her taxes are fine.

Thank you so much in advance!

Why would you file single when he is married ? He should file married but filing separately .

[Oreshkova21 1]

41 minutes ago, Oliversmom said:

You really need to amend your taxes.  A few years ago when my husband was still in his home country I filed as single when we were married.  It didn't effect our immigration process.  But a couple of years down the road it came up in a financial transaction and almost cost me a lot of money.  I was able to fix it by amending my taxes.  But you don't want this to come back and bite you like it did me.  So just amend them now.  It is an easy process.  

Thank you so much. We will amend them asap

6 minutes ago, James120383 said:

Why would you file single when he is married ? He should file married but filing separately .

He did it online and the form wouldn't let him put my info in 

[Ryan H 3,812]

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