Tax Situation before submitting to NVC

[LaJumpa 40]

Hey everyone,

 

I was hoping could shed some light on our situation. And for the record I do not know much about US taxes or the IRS but hear me out.

 

My wife is preparing to submit our AOS and tax returns to NVC. However we've noticed a few red herrings.

 

First question is, the most recent tax form she has is 2020-2021. We are just over the threshold by about $200. Will this prove to be an issue with it being so close to the limit.

 

Secondly, we just noticed that her accountant (She is self employed) has filed her taxes under her previous surname and filed as single. I believe she was waiting for her new SS card to come back with her new surname on. Are we okay to submit this or would it pay to have to get her taxes up to date and submitted for this year before we upload anything to NVC to avoid any kind of issues?

 

As a side note, we got married and I returned to the UK to wait out the I-130. Should that matter if she files married but separately? 

 

Hopefully this makes sense. I apologise I am not clued up on this thing at all. 

[JeanneAdil 6,489]

2022 returns are not due till 15th of April/ after that date  she will need 2022 

u were not married till January 2022 so she would have been single without your name for 2020 and 2021 taxes / no problem

she can file MFS or MFJ following IRS site / her choice /  also head of household if she has a qualifing dependent

 

MFJ requires W7 with supporting evidence of marriage and ID and a form 2555 to exclude your foreign income up to $112,000 as we have tax treaty with UK

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

[LaJumpa 40]

1 hour ago, JeanneAdil said:

2022 returns are not due till 15th of April/ after that date  she will need 2022 

u were not married till January 2022 so she would have been single without your name for 2020 and 2021 taxes / no problem

she can file MFS or MFJ following IRS site / her choice /  also head of household if she has a qualifing dependent

 

MFJ requires W7 with supporting evidence of marriage and ID and a form 2555 to exclude your foreign income up to $112,000 as we have tax treaty with UK

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

That's awesome! 

 

Thank you so much for helping to clarify, this is super helpful.

[Ontarkie 14,215]

~~Moved to IR1/CR1, from DCF ~~