Taxes 2023

[Y3ambouzinek 4]

I have a quick question please 🙏🏻. I got married with my now husband in 2021in Tunisia but because he isn’t here.,, when I file my taxes,, I file them as single bcz even though i am married in USA nothing is been recorded otherwise so I file my taxes as single as I don’t even have a social security I can use to file for him as a married couple. My question is. Is this going to affect out petition for I-130.? Thank you everyone 🫶🏻

[JeanneAdil 6,402]

you need to do 1040 x to amend the 2022 as you are married /not single

if u want to do MFJ and claim spouse follow the IRS site for nonresident alien spouse filing the W7 and providing needed documents

and go for the $ 25,900  giving u a bigger rebate check

 

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

 

otherwise ,  lose the extra $12,950 deduction and file MFS (that  is separate not single)

[Y3ambouzinek 4]

On 4/23/2023 at 6:48 PM, JeanneAdil said:

you need to do 1040 x to amend the 2022 as you are married /not single

if u want to do MFJ and claim spouse follow the IRS site for nonresident alien spouse filing the W7 and providing needed documents

and go for the $ 25,900  giving u a bigger rebate check

 

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

 

otherwise ,  lose the extra $12,950 deduction and file MFS (that  is separate not single)

Oh my god thank you very very much for this information. I really appreciate your help. Thank you so much again 🙏🏻 Jeanne

[Chancy 6,239]

On 4/23/2023 at 6:29 PM, Yambouzinek said:

Is this going to affect out petition for I-130.?

 

Your tax filing status is more an IRS issue, rather than an immigration issue.  Although unlikely, it is possible that the interviewing officer at the consulate would notice the "Single" filing status and suspect that your marriage is not genuine.  Especially when interviewing at a difficult consulate, you would not want to give the CO any reason to use as an excuse to claim that your marriage is not real.  For Manila, the petitioner's tax filing status would be a non-issue, but for Tunis, I have no idea.

 

For extra peace of mind, you may file 1040X for your 2021 and 2022 taxes to amend your filing status to MFS (assuming it will be financially beneficial for you).  Once your husband gets his SSN after he moves to the US with his spouse visa, you may file another 1040X for 2021 and 2022 to amend your status to MFJ.