About Tax Filling

[AlbieBio 7]

Hello, 

I got married last year in Ghana to my fiancee and when when filling tax this year, my tax guy said since my wife is not here and we don't have an ITIN number, its best I file as single. I did listen to him and filled as single. 

My question is, would this cause an issue when I send my paper work to the NVC or at the consulate stage for the interview please. Do I need to do a tax amendment. 

Or  is it okay since she is not here. Please I need help please. 

[Lil bear 4,199]

9 minutes ago, AlbieBio said:

Hello, 

I got married last year in Ghana to my fiancee and when when filling tax this year, my tax guy said since my wife is not here and we don't have an ITIN number, its best I file as single. I did listen to him and filled as single. 

My question is, would this cause an issue when I send my paper work to the NVC or at the consulate stage for the interview please. Do I need to do a tax amendment. 

Or  is it okay since she is not here. Please I need help please. 

You are not single. You file Married filing separate .Her location does not change your married status   File an amended return. Consistent documentation is one key to avoiding RFE 

[AlbieBio 7]

1 minute ago, Lil bear said:

You are not single. You file Married filing separate .Her location does not change your married status   File an amended return. Consistent documentation is one key to avoiding RFE 

I already filled my taxes and I paid the AOS and IV at the NVC, just waiting to complete the forms. if I file an amendment now, would that delay things or should I just file the amendment before I send in everything.

[Illiria 980]

Sigh, so many tax preparers say this and it’s wrong.
 

You need to file as married, either as jointly with an itin or separate and writing in N/A in the box for ssn/itin  (if you have other dependants your could do head of household but I know less about that).

 

The reason he said this is probably because you can’t submit a married jointly without an ssn/itin and you can’t digitally submit a married filing separately with n/a written in (that has to be hand written).

 

How do you think it will look if you are telling the IRS you are single but USCIS that you are married?
 

Avoid giving contradictory evidence

 

Also note that when you file an amendment and request new transcripts the new transcripts won’t always reflect the changes. So you would probably be best to submit a copy of the amended filing with w2 instead. 

Edited March 21, 2021 by Illiria
Clarity

[AlbieBio 7]

3 minutes ago, Illiria said:

Sigh, so many tax preparers say this and it’s wrong.
 

You need to file as married, either as jointly with an itin or separate and writing in N/A in the box for ssn/itin  (if you have other dependants your could do head of household but I know less about that).

 

The reason he said this is probably because you can’t submit a married jointly without an ssn/itin and you can’t digitally submit a married filing separately with n/a written in (that has to be hand written).

 

How do you think it will look if you are telling the IRS you are single but USCIS that you are married?
 

Avoid giving contradictory evidence

 

Also note that when you file an amendment and request new transcripts the new transcripts won’t always reflect the changes. So you would probably be best to submit a copy of the amended filing with w2 instead. 

I think I would do that because, I even tried changing my W2 from work but it wouldn't even let me change it till I put in a social. and I keep getting contradicting information. My HR stated they can't change my status till she has a social and she has never been to the States before. I am so confused. my friend did it and he put single and they still approved his but I don't want to go that route and maybe not get approved.

[Lil bear 4,199]

22 minutes ago, AlbieBio said:

I already filled my taxes and I paid the AOS and IV at the NVC, just waiting to complete the forms. if I file an amendment now, would that delay things or should I just file the amendment before I send in everything.

My thoughts would be to submit to NVC  the tax transcripts for the tax return you have already done , then refile taxes and ensure your spouse has a full copy of the amended return to take to the interview 

[Wuozopo 4,293]

8 hours ago, AlbieBio said:

Hello, 

I got married last year in Ghana to my fiancee and when when filling tax this year, my tax guy said since my wife is not here and we don't have an ITIN number, its best I file as single. I did listen to him and filled as single. 

My question is, would this cause an issue when I send my paper work to the NVC or at the consulate stage for the interview please. Do I need to do a tax amendment. 

Or  is it okay since she is not here. Please I need help please. 

The NVC is not going to be evaluating if you filed taxes correctly. They just want to know if you make enough money so look at Line 9. The guy looking at your file probably doesn’t know any more than your tax guy.  I wouldn’t worry about NVC. The consulate AP in Ghana may be more probing. I don’t know how strict they are. 
 

If you want to be straight with the IRS, then amend. 
 

7 hours ago, AlbieBio said:

 I even tried changing my W2 from work but it wouldn't even let me change it till I put in a social. and I keep getting contradicting information. My HR stated they can't change my status till she has a social and she has never been to the States before. I am so confused. my friend did it and he put single and they still approved his but I don't want to go that route and maybe not get approved.

A W2 does not have marital status on it. Do you mean W4?  It doesn’t matter what status you put. Nobody ever sees but your payroll department. It is only a tool to estimate how much to hold out of your paycheck for taxes. If you look a the form, it only asks for your SSN. https://www.irs.gov/pub/irs-pdf/fw4.pdf

 

7 hours ago, Illiria said:

or separate and writing in N/A in the box for ssn/itin

IRS instructions say to write NRA in the box for spouse’s SSN in OP’s situation when filing Married Filing Separately. NRA=nonresident alien

Edited March 21, 2021 by Wuozopo

[Illiria 980]

On 3/21/2021 at 2:58 PM, Wuozopo said:

IRS instructions say to write NRA in the box for spouse’s SSN in OP’s situation when filing Married Filing Separately. NRA=nonresident alien

Doh sorry yes, damn auto correct.