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mnelove97

Tax Filing Options while waiting for I-130

By mnelove97 in Tax & Finances During US Immigration

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mnelove97 Rookie

mnelove97   1

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i filed my taxes ay H&R block this year and my accountant told me to file single while i am married because my spouse doesnt have a social or ITN since he is overseas. i dont know how big of a problem this will be when we get to i-864? should i amend to file but separately. we didnt do it in the first place because she said it wasnt letting her submit without either the social # or itn...

Crazy Cat Grand Master

Crazy Cat   42,755

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Your accountant is wrong.  Ask him/her to show you the IRS directive which says you can file as single if married.  You could have filed as Married Filing Separately on paper or by following the IRS Publication 501 below.   Some tax software will allow e_filing if you enter "NRA" in the area below the filing status box. However, this is an IRS issue rather than an immigration issue.  You are neither the first nor the last to file incorrectly.  You can amend your taxes later.

 

2024 Publication 501

 

"Select this filing status by checking the “Married filing separately” box on the Filing Sta tus line near the top of Form 1040 or 1040-SR. Enter your spouse's full name in the entry space at the bottom of the Filing Status section and enter your spouse's SSN or ITIN in the space for spouse's SSN on Form 1040 or 1040-SR. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the entry space below the filing status checkboxes. For electronic filing, enter the spouse's name or “NRA” if the spouse doesn't have an SSN or ITIN in the entry space below the filing status checkboxes. Use the Married filing separately column of the Tax Table, or Section C of the Tax Computation Worksheet, to figure your tax"

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,755

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Filed: Citizen (apr) Timeline
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***Moved to Taxes and Finance During US Immigration***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

JeanneAdil Grand Master

JeanneAdil   6,727

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Filed: Citizen (apr) Country: Morocco
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Posted

File 1040x to amend this 

You could have requested INTN to file MFJ but now IRS only allows USC to claim nonresident for 1 year so may not be worth it to u

but u need to file as married as u r married and are not single 

 

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

 

Tax preparers are often poorly trained with limited knowledge of the complete system or do not follow up each year with classes for the new rules/ its obvious your preparer didn't know how to complete your taxes properly and gave u bad advice

mnelove97 Rookie

mnelove97   1

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1 hour ago, Crazy Cat said:

Your accountant is wrong.  Ask him/her to show you the IRS directive which says you can file as single if married.  You could have filed as Married Filing Separately on paper or by following the IRS Publication 501 below.   Some tax software will allow e_filing if you enter "NRA" in the area below the filing status box. However, this is an IRS issue rather than an immigration issue.  You are neither the first nor the last to file incorrectly.  You can amend your taxes later.

 

2024 Publication 501

 

"Select this filing status by checking the “Married filing separately” box on the Filing Sta tus line near the top of Form 1040 or 1040-SR. Enter your spouse's full name in the entry space at the bottom of the Filing Status section and enter your spouse's SSN or ITIN in the space for spouse's SSN on Form 1040 or 1040-SR. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the entry space below the filing status checkboxes. For electronic filing, enter the spouse's name or “NRA” if the spouse doesn't have an SSN or ITIN in the entry space below the filing status checkboxes. Use the Married filing separately column of the Tax Table, or Section C of the Tax Computation Worksheet, to figure your tax"

will this be an issue when it comes to i-864?

Crazy Cat Grand Master

Crazy Cat   42,755

Posted
Filed: Citizen (apr) Timeline
Posted
1 minute ago, mnelove97 said:

will this be an issue when it comes to i-864?

No.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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