Tax filed as single while married to a foreign spouse

[billa48 0]

Greetings,

           I am a USC, currently waiting on I-130 approval for my Pakistani bride. We are not at the NVC stage yet. I went to file my taxes and the only option H&R Block would give me is to file as single. Since the wife does not currently have an SSN, is unemployed, and resides overseas. I do not have or plan to get an ITIN for her. 

 

My question is that would filing single while married to an overseas spouse cause problems at the NVC?

Do I have to file an amendment immediately and have it ready by the time NVC requires it?

Can I send this amendment after she finally arrives in USA and get an SSN?

Has anybody here ever had a problem with the NVC process due to this filing as single, instead of Married filing separately or Head of household?

Anybody ever experienced any negative impacts on the immigration petition or embassy interview stage due to having filed single while married to a foreign spouse?

Do I have to go back to H&R block to request an edit/amendment or just leave it be?

 

Please send your reply in detail with credible sources. 

[Mike E 11,739]

14 minutes ago, billa48 said:

approval for my Pakistani bride. We are not at the NVC stage yet. I went to file my taxes and the only option H&R Block would give me is to file as single

Report H&R block to the IRS for facilitation of tax evasion 

 

Meanwhile file MFS.  Do it yourself if you can’t find a competent tax preparer. TurboTax, taxact (some say this option lets you edible), freetaxusa, etc. 

Edited March 8, 2023 by Mike E

[beloved_dingo 1,976]

These situations always unlock a rant from me but I'll try to refrain and just say @Mike E is correct, you MUST file as married when you are married. If you do not have ITIN/SSN you file MFS and can amend later to MFJ once your spouse has an SSN to reap the additional tax benefits. 

 

The general rule of thumb with amendments is to let the original one process and then file an amendment, but I don't know the full implications for your immigration process so will defer to others on that. 

[billa48 0]

It is already filed and I have the refund in my bank account. What do I have to do to amend this as it sits. File tax again? 

[Lil bear 4,181]

21 minutes ago, billa48 said:

It is already filed and I have the refund in my bank account. What do I have to do to amend this as it sits. File tax again? 

File an amended return. Paper filing only. Instructions found on the IRS website. MFS 

 

Whether ir not filing single will be a problem with USCIS is unsure. They want to know that you filed taxes .. not necessarily filed correctly. My personal approach is to do things as correctly as i can.. so I would be refiling .. other vj members choose not to .. 

Edited March 8, 2023 by Lil bear

[Crazy Cat 41,811]

21 minutes ago, billa48 said:

It is already filed and I have the refund in my bank account. What do I have to do to amend this as it sits. File tax again? 

File a 1040X to amend. 

[SalishSea 17,801]

2 hours ago, Mike E said:

Report H&R block to the IRS for facilitation of tax evasion 

 

Meanwhile file MFS.  Do it yourself if you can’t find a competent tax preparer. TurboTax, taxact (some say this option lets you edible), freetaxusa, etc. 

OP says he has no plans to get an ITIN for her though.  How would H&R Block have been able to prepare his return?  MFS?

[Mike E 11,739]

8 minutes ago, Jorgedig said:

OP says he has no plans to get an ITIN for her though.  How would H&R Block have been able to prepare his return?  MFS?

MFS. I have  seen reports that professional tax preparers can get authorization  to efile MFS when the other spouse has no TIN   Regardless, HR Block could have printed the forms and OP could have mailed the forms. 
 

There  are 3 facts here:

 

* If you have a tax liability you have to file a tax return to obtain an immigration benefit  

 

* If you owe taxes, you have to file a tax return

 

* Nobody can force an alien not residing in the U.S. to get a TIN 
 

I believe this is discussed at length in:

 

 

Edited March 8, 2023 by Mike E

[beloved_dingo 1,976]

29 minutes ago, Jorgedig said:

OP says he has no plans to get an ITIN for her though.  How would H&R Block have been able to prepare his return?  MFS?

Without an ITIN or SSN, the return has to be filed "MFS" (unless HOH applies, but that's not very common). However, the return has to be paper-filed. E-filing doesn't allow leaving the other spouse's ITIN/SSN blank, so paper is the only option.

 

For people who have a spouse that may obtain an SSN soon, you can also request an extension so that you've got until October to file and potentially avoid having to amend anything later. 

[SalishSea 17,801]

1 minute ago, beloved_dingo said:

Without an ITIN or SSN, the return has to be filed "MFS" (unless HOH applies, but that's not very common). However, the return has to be paper-filed. E-filing doesn't allow leaving the other spouse's ITIN/SSN blank, so paper is the only option.

 

For people who have a spouse that may obtain an SSN soon, you can also request an extension so that you've got until October to file and potentially avoid having to amend anything later. 

I see.  Somehow, I thought even MFS could not be used as a filing status with no SSN/ITIN for the spouse.

[Lil bear 4,181]

38 minutes ago, Jorgedig said:

I see.  Somehow, I thought even MFS could not be used as a filing status with no SSN/ITIN for the spouse.

Nope. Cant file MFJ without ITIN or SSN. But must paper file not efile so you can  write in NRA for non resident alien 

[JeanneAdil 6,489]

you are trying to prove marriage and real relationship in an already hard embassy

u r married and must file as married 

whether u go MFS or MFJ with the w7 for ITIN is up to u 

 

but u can't file single/ other only option is head of household if u have a qualifying dependent

Even H&R site says 

 

Unfortunately, you can’t file single if married to a nonresident alien (NRA). Once you tie the knot, you must either go with Married Filing Separately or Married Filing Jointly. Even if your spouse remains in Canada or lives in another country, the tax rules remain the same.

 

https://www.hrblock.com/expat-tax-preparation/resource-center/filing/status/married-to-a-nonresident-alien-spouse-these-are-your-u-s-tax-filing-options/#:~:text=Unfortunately%2C%20you%20can't%20file,tax%20rules%20remain%20the%20same.

[JeanneAdil 6,489]

5 hours ago, beloved_dingo said:

Without an ITIN or SSN, the return has to be filed "MFS" (unless HOH applies, but that's not very common). However, the return has to be paper-filed. E-filing doesn't allow leaving the other spouse's ITIN/SSN blank, so paper is the only option.

 

For people who have a spouse that may obtain an SSN soon, you can also request an extension so that you've got until October to file and potentially avoid having to amend anything later. 

after the 15th of April he needs the 2022  returns for NVC and interview

NVC will put him on hold (with a RFE for recent tax returns)

 

 

OP  if u r worried that doing a W7 for ITIN  means delayed processing,  use copy of 1040x (amended) and send in W2's. and any other taxable income statements 

u r giving away $12,950 

 

Standard deduction 2022

For the 2022 tax year, tax returns are due April 18, 2023. The 2022 standard deduction is $12,950 for single filers and those married filing separately, $25,900 for joint filers, and $19,400 for heads of household.3 days ago

 

[PEbode 14]

I have had the same issues my tax preparer td me I had to file single without my husband SS# or itin number and to get that without sending in his passport for identification he can't because he needs it

[Dashinka 24,480]

3 hours ago, PEbode said:

I have had the same issues my tax preparer td me I had to file single without my husband SS# or itin number and to get that without sending in his passport for identification he can't because he needs it

Tell the tax preparer they need to do a paper filing as married filing separately.  If they push back, like @Mike E, suggested, tell the preparer you will report them to the IRS.  If your taxes have already been filed like the OP, you will also have to file an amended return.

 

Good Luck!