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Gaiden79

Accidentally filed 2018 taxes as single, still ok?

By Gaiden79 in IR-1 / CR-1 Spouse Visa Process & Procedures

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

No impact for immigration, but should be amended to be correct per the IRS.

 

No idea how you "accidentally" filed as Single...? One would generally know if they are single or not. Limited exceptions apply (e.g. living separate w/o contact to a spouse who may or may not have filed for & obtained a divorce in absentia).

I understand mistakenly filing as Single via not following the instructions (or via bad advice).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Gaiden79 Collaborator

Gaiden79   14

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
On 6/16/2020 at 5:08 PM, pushbrk said:

No, it will not cause issues with immigration, but you will want to amend your tax return at some point.

Ah thank you for the answer! I do want to amend it and do the correct way but I just don't want to delay my wife's processing by applying for the ITIN. If I can amend later that would be great. 

Married: 9/27/2017

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Gaiden79 Collaborator

Gaiden79   14

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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8 hours ago, geowrian said:

No impact for immigration, but should be amended to be correct per the IRS.

 

No idea how you "accidentally" filed as Single...? One would generally know if they are single or not. Limited exceptions apply (e.g. living separate w/o contact to a spouse who may or may not have filed for & obtained a divorce in absentia).

I understand mistakenly filing as Single via not following the instructions (or via bad advice).

Yeah I say accidental but it's really my fault for not looking into it further. I assumed that my foreign marriage would not be recognized according to US tax code and also I had no ssn for her to put in the form hehe. 

Married: 9/27/2017

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pushbrk Grand Master

pushbrk   12,883

Posted
Filed: Other Country: China
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Posted
23 minutes ago, Gaiden79 said:

Ah thank you for the answer! I do want to amend it and do the correct way but I just don't want to delay my wife's processing by applying for the ITIN. If I can amend later that would be great. 

Yes, you can amend even years later.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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vtstang66 Contributor

vtstang66   65

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
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Posted (edited)

I filed "married filing separately" for 2018 and 2019, even though my wife has no U.S. income nor SSN.  It makes the process more difficult, as you can't fill out the form and file it electronically without a SSN for the spouse.  I had to print it out and mail it in physically.  This year I sent it in March and the IRS still hasn't processed it.

 

If I could do it over again I'd just file Single and be done with it.  The rates are the same.

Edited by vtstang66
mistakes
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Gaiden79 Collaborator

Gaiden79   14

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
On 6/20/2020 at 10:48 AM, vtstang66 said:

I filed "married filing separately" for 2018 and 2019, even though my wife has no U.S. income nor SSN.  It makes the process more difficult, as you can't fill out the form and file it electronically without a SSN for the spouse.  I had to print it out and mail it in physically.  This year I sent it in March and the IRS still hasn't processed it.

 

If I could do it over again I'd just file Single and be done with it.  The rates are the same.

Sorry to hear about that, I pray they process it soon for you.

Married: 9/27/2017

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