filing income tax as single when I've just married?

[cguo7]

Hi,

 

I'm very inexperienced when it comes to filing taxes. I was married in China to my husband October 2008, and I think my mom's tax guy filed me as single for 2008. She said it would be okay since I was married the later half of the year and that it wouldn't affect the filing. I was wondering if it would matter to the VO's in Guangzhou?

 

I know I should be more aware of tax stuff (part of being a grown up - I know) but I'm not. Can anyone help answer this? I was made aware of this problem through a recent post on CFL, much of which I had no idea what they meant. Advice please. thanks.

[Randy W]

If you are married on Dec 31 of a year, you can file as married. You need an ITIN (Taxpayer Identification number), assuming he doesn't have an SSN. You can file an amended return up to 3 years later.

 

It will lower the amount of tax you pay, and be usable as relationship evidence.

[george lee]

hi cguo7,

 

i was married in china on september 2007 and i filed my taxes as single and not married for tax years 2007 - 2008. my cpa says we can amend the tax years (2007-2008) that i was married when my wife arrives to america and obtaining her SS#. my wife is having her interview this month so i'm hoping to see her next month. that is the easy way. another way is getting the ITIN for your spourse and filling your tax together as married.

[credzba]

Hi,

 

I'm very inexperienced when it comes to filing taxes. I was married in China to my husband October 2008, and I think my mom's tax guy filed me as single for 2008. She said it would be okay since I was married the later half of the year and that it wouldn't affect the filing. I was wondering if it would matter to the VO's in Guangzhou?

 

I know I should be more aware of tax stuff (part of being a grown up - I know) but I'm not. Can anyone help answer this? I was made aware of this problem through a recent post on CFL, much of which I had no idea what they meant. Advice please. thanks.

 

I think the tax person should have filed you as married to save you money on your taxes, but I dont believe it will be an issue at GUZ.

If you were a standard CR/1 filing from america with only a few visits to your wife.. it might be questionable.

 

Since you filed DCF, and are living with your wife in China, I do not think they will raise any issue. DCF have an almost 100% success rate.

 

You could go ahead an file an amended return, and have those forms available for your wife at the interview just as a cya.

[Missingyou]

I was married in October 2007 but filed as single for that year and while my case was still pending with USCIS. I've went to GUZ-ACH in Feb 2008 questioning if my marital status on my tax return raise red flags due to seemingly I denied that I was already married, GUZ said that they don't care about that.

 

My hus is now in US, but we are still waiting for EAD's approval, so hopefully he can get aprroved by end of this month, so we can get him SSN and file as married w/ his SSN#.

[Sebastian]

Are you still in Beijing? Maybe it's time for an adventure day - go out to the IRS liason in BeiJing, have a sit down, get their input.

[cguo7]

Hi Missingyou,

 

Thanks for the info. I'm surprised and delighted to know someone who was in the same boat. I'm a female American married to a Chinese Citizen. I think our interview date will take place in May sometime. I was wondering, could you tell me what your husband's interview was like? My hubby and I are a bit worried. first, he was in the army for two years as a soldier. SEcondly, he was part of the CCP for one year (now he isn't since he hasn't paid his monthly dues). Was your husband part of the CCP at any point? Also, what were his interview questions like? Thanks in advance!

 

CG

 

I was married in October 2007 but filed as single for that year and while my case was still pending with USCIS. I've went to GUZ-ACH in Feb 2008 questioning if my marital status on my tax return raise red flags due to seemingly I denied that I was already married, GUZ said that they don't care about that.

 

My hus is now in US, but we are still waiting for EAD's approval, so hopefully he can get aprroved by end of this month, so we can get him SSN and file as married w/ his SSN#.

[rogerinca]

If you are married on Dec 31 of a year, you can file as married. You need an ITIN (Taxpayer Identification number), assuming he doesn't have an SSN. You can file an amended return up to 3 years later.

 

It will lower the amount of tax you pay, and be usable as relationship evidence.

 

 

Yes CG, my wife and I were married late in the year of 2006. I added her to my 2006 Form 1040 filing, and at the same time ordered her ITIN. I have used these tax filings (2006,2007, and now 2008) as evidence of relationship, both at interview time in GZ, and now as I file for AOS.

 

As Randy says, filing as married, will most likely give you a better tax break than that of a single status person.

 

Although, since you are a DCF, this will not be so much of an issue for you guys.

 

BTW, I just answered your other post in the Contacts Forum, which you placed last week on the 8th. We hope to hook up with you two upon your return to the Sacto area !!

 

Again, best wishes to you and your guy !!!

 

Rog

[cguo7]

thank you rogerinca,

 

Hope to see you guys in the Sacto area this year! Take Care.

 

CG

 

 

If you are married on Dec 31 of a year, you can file as married. You need an ITIN (Taxpayer Identification number), assuming he doesn't have an SSN. You can file an amended return up to 3 years later.

 

It will lower the amount of tax you pay, and be usable as relationship evidence.

 

 

Yes CG, my wife and I were married late in the year of 2006. I added her to my 2006 Form 1040 filing, and at the same time ordered her ITIN. I have used these tax filings (2006,2007, and now 2008) as evidence of relationship, both at interview time in GZ, and now as I file for AOS.

 

As Randy says, filing as married, will most likely give you a better tax break than that of a single status person.

 

Although, since you are a DCF, this will not be so much of an issue for you guys.

 

BTW, I just answered your other post in the Contacts Forum, which you placed last week on the 8th. We hope to hook up with you two upon your return to the Sacto area !!

 

Again, best wishes to you and your guy !!!

 

Rog