Tax filed as single while married to a foreign spouse

[retheem 564]

22 hours 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? 

You don't have to do anything. Taxes are an IRS problem, not an immigration problem.

[kubda89 10]

On 3/8/2023 at 9:12 AM, beloved_dingo said:

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. 

What if you didn't file married? Would this be held against you at the interview stage?

[kubda89 10]

On 3/8/2023 at 5:45 PM, JeanneAdil said:

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)

 

Hey Jeanne,

 

Will not having a tax return after the current year deadline cause problems at the interview, even if you have an extension? (if say the interview was in June/July of the current year)

[JeanneAdil 6,489]

12 hours ago, kubda89 said:

Hey Jeanne,

 

Will not having a tax return after the current year deadline cause problems at the interview, even if you have an extension? (if say the interview was in June/July of the current year)

yes,  if u don't have the current  tax year ( 2022 after the 15th of April ,  CO will put case in AP while they wait for u to provide the tax Transcripts (IRS 10 pages of copy of 1040 with your W's and whatever else the CO requests)

Remember to put case#   ID the names and DOB's on all documents sent to embassy/  ,  yeah ,  i know USC name is on the tax forms but don't expect CO to make it easy by putting them with right petition if case # isn't on them

And the embassies have been known to work slow even after the needed documents are received

 

And u are trying to prove married ,   filing single is not the right way to show embassy, u r married 

Edited March 11, 2023 by JeanneAdil

[JeanneAdil 6,489]

12 hours ago, kubda89 said:

Hey Jeanne,

 

Will not having a tax return after the current year deadline cause problems at the interview, even if you have an extension? (if say the interview was in June/July of the current year)

Yes,  CO will put case in AP while they wait for the current (2022 after 15th of April ) to get to embassy 

and then the CO still does not act fast on the case /  the embassies seem to take their good sweet time

 

but if u send in late to embassy,  make sure the case  # is on all 10 pages of your IRS transcript , ID both names and DOB's for the Case and yeah i know name is on returns BUT  CO will not make things easy

[JeanneAdil 6,489]

On 3/9/2023 at 11:40 AM, retheem said:

You don't have to do anything. Taxes are an IRS problem, not an immigration problem.

USC needs to correct this for immigration as married not single 

hard to prove to a C O  at embassy that a marriage is bona fida if u put single on the tax return for the year u are married

[kubda89 10]

4 hours ago, JeanneAdil said:

yes,  if u don't have the current  tax year ( 2022 after the 15th of April ,  CO will put case in AP while they wait for u to provide the tax Transcripts (IRS 10 pages of copy of 1040 with your W's and whatever else the CO requests)

Remember to put case#   ID the names and DOB's on all documents sent to embassy/  ,  yeah ,  i know USC name is on the tax forms but don't expect CO to make it easy by putting them with right petition if case # isn't on them

And the embassies have been known to work slow even after the needed documents are received

 

And u are trying to prove married ,   filing single is not the right way to show embassy, u r married 

What if we've already been DQ'd? They won't pass the interview even with an IRS extension letter? If so, would I just need to have my wife give them my 2022 tax return after filing? If I file 2022 today, how long would it take to get the tax transcript? Also we have tons of marriage evidence and a newborn child Alhamdulillah so I don't know what else they want!!