Wife Filed tax 2011 as Single, is there impact on Visa issuance

[Rujby 23]

Greetings,

My wife filed her tax of 2011 as single. She was advised to do so by the local office. The guy give as reason: your husband is not yet in the US. Will that cause a problem people?

Thank you in advance for your opinions.

[Wolffsrain 7]

I filed mine as "single" also on 2011. When we receive the tax application to fill out, it says that "if you are married, but spouse is outside of USA, file as single". I think it's due to the beneficiary not having a SS# to be claimed for taxes.

[Leatherneck 693]

Correct, they probably instructed her to do so because you do not have a SSN yet.

[Sandra G. 5,047]

The IRS web site says:

"....Married persons. You are married for the whole year if you are separated but you have not obtained a final decree of divorce or separate maintenance by the last day of your tax year. An interlocutory decree is not a final decree.

Exception - If you live apart from your spouse, under certain circumstances, you may be considered unmarried and can file as head of household. See Head of Household, later.

http://www.irs.gov/publications/p504/ar02.html#en_US_2011_publink1000175821

Considering what their web site states the information given is correct.

[Rujby 23]

Correct, they probably instructed her to do so because you do not have a SSN yet.

Oh ok No problem Thank you

[Matt1968 13]

Greetings,

My wife filed her tax of 2011 as single. She was advised to do so by the local office. The guy give as reason: your husband is not yet in the US. Will that cause a problem people?

Thank you in advance for your opinions.

Sup Rujby,

This topic has just been debated over and over again. I, and many others, were told if you are married you cannot file as single, it doesn't matter where your spouse is. I spoke with an acceptance agent who used to work at H/R block and specialized in these situations. He told me that nobody who worked with him knew anything about how to handle situations such as yours and mine(Spouse living overseas). He said that instead of telling the person, "I don't know" they would just give out bad information(i.e. filing single when you are married). Im guessing the person who told your wife to do that, didn't know what he was talking about and didn't want to admit he didn't know what to do. However, he doesn't have to worry about if your wife has issues later on, your wife does. I filed married/jointly and so did many others. Also, many others filed married/seperately. You didn't need a SS# to file, you could have filled out a W-7 and applied for an ITIN number and that could have been used so that your wife could've filed married/jointly(you get more money if you file jointly as oppose to seperately). I think pshbrk said something about filing single and amending later when spouse is here. Hopefully, you won't have any issues.

Matt

Edited February 17, 2012 by Matt1968

[Rujby 23]

Sup Rujby,

This topic has just been debated over and over again. I, and many others, were told if you are married you cannot file as single, it doesn't matter where your spouse is. I spoke with an acceptance agent who used to work at H/R block and specialized in these situations. He told me that nobody who worked with him knew anything about how to handle situations such as yours and mine(Spouse living overseas). He said that instead of telling the person, "I don't know" they would just give out bad information(i.e. filing single when you are married). Im guessing the person who told your wife to do that, didn't know what he was talking about and didn't want to admit he didn't know what to do. However, he doesn't have to worry about if your wife has issues later on, your wife does. I filed married/jointly and so did many others. Also, many others filed married/seperately. You didn't need a SS# to file, you could have filled out a W-7 and applied for an ITIN number and that could have been used so that your wife could've filed married/jointly(you get more money if you file jointly as oppose to seperately). I think pshbrk said something about filing single and amending later when spouse is here. Hopefully, you won't have any issues.

Matt

Well i have never seen any debate about it before. There are hundreds of topics here. i Can not read them all and be aware of everything.

[VanessaTony 3,567]

Greetings,

My wife filed her tax of 2011 as single. She was advised to do so by the local office. The guy give as reason: your husband is not yet in the US. Will that cause a problem people?

Thank you in advance for your opinions.

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of household but she STILL needs to file as "married"

I filed mine as "single" also on 2011. When we receive the tax application to fill out, it says that "if you are married, but spouse is outside of USA, file as single". I think it's due to the beneficiary not having a SS# to be claimed for taxes.

This is incorrect. You need to amend your tax returns to file "married filing separately". Aside from it being the proper legal route you should get a bigger return.

Correct, they probably instructed her to do so because you do not have a SSN yet.

Which is incorrect advise for them to give her. They would write "NRA" (for Non-resident Alien) in the SSN section when filing married filing separately.

[Rujby 23]

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of household but she STILL needs to file as "married"

This is incorrect. You need to amend your tax returns to file "married filing separately". Aside from it being the proper legal route you should get a bigger return.

Ok now what could be the incidence, our case is cunrrently at NVC we just mailed IV package snd will mail AOS next week

[VanessaTony 3,567]

Ok now what could be the incidence, our case is cunrrently at NVC we just mailed IV package snd will mail AOS next week

Your sentence doesn't make sense so I can't answer whatever qn or comment you made.

[Matt1968 13]

Well i have never seen any debate about it before. There are hundreds of topics here. i Can not read them all and be aware of everything.

Don't misunderstand me, I was not telling you you need to look around. I'm not that rude..lol. I was only saying alot of us have had to deal with this dilema now, that's all. Wasn't trying to offend you. My point was, if you are married, I don't think that person should have told your wife to file single.

Matt

[VanessaTony 3,567]

The IRS web site says:

"....Married persons. You are married for the whole year if you are separated but you have not obtained a final decree of divorce or separate maintenance by the last day of your tax year. An interlocutory decree is not a final decree.

Exception - If you live apart from your spouse, under certain circumstances, you may be considered unmarried and can file as head of household. See Head of Household, later.

http://www.irs.gov/publications/p504/ar02.html#en_US_2011_publink1000175821

Considering what their web site states the information given is correct.

No it's not. It's a misinterpretation of that link. "unmarried" is different to "single".

[Rujby 23]

Your sentence doesn't make sense so I can't answer whatever qn or comment you made.

Oh ok i am sorry i am french speaker. Does this situation result to a visa denial? or...?

Don't misunderstand me, I was not telling you you need to look around. I'm not that rude..lol. I was only saying alot of us have had to deal with this dilema now, that's all. Wasn't trying to offend you. My point was, if you are married, I don't think that person should have told your wife to file single.

Matt

The reason that person gave is that: the husband ( beneficiary) is not yet in the US. Well she already got the tax return money and will send AOS next week, what can we do now?

[VanessaTony 3,567]

Oh ok i am sorry i am french speaker. Does this situation result to a visa denial? or...?

Ooohhh okay. Well... honestly I couldn't tell you. It does bring your marriage into question if she's filing single when you're trying to say she's married to you but I don't know if they'd deny you outright for it. I can't say I've ever seen anyone file a single return when they're married and then file for a spousal visa. Someone else might be able to tell you.

I personally would amend it. She might get more money back if she files married.

[Rujby 23]

Ooohhh okay. Well... honestly I couldn't tell you. It does bring your marriage into question if she's filing single when you're trying to say she's married to you but I don't know if they'd deny you outright for it. I can't say I've ever seen anyone file a single return when they're married and then file for a spousal visa. Someone else might be able to tell you.

I personally would amend it. She might get more money back if she files married.

The reason she filed single was not to make more money but she just follow the guy at the IRS local office where she applied to get her tax return. How can we amend it? Please tell me the step as AOS is not yet sent and how long will it take?