Filed taxes as single when married.

[kdavid3]

Ugh. I've been filing my taxes this whole time a single, also because my wife does not have a SSN.

 

We have plenty of evidence for a bonafide marriage, including a four-year-old son, a bun in the oven, and heaps of photos with various family.

 

Is this a problem? What should we do?

[dnoblett]

Yes, this can pose a big problem, one big piece of bonafide relationship evidence is joint returns.

 

You would file the return with W-7 applying for ITIN for foreign spouse.

 

I have seen one denied visa partly over this, in their case some accountant suggested the filing as single even though married, best to have filed as married filing separate, or a joint return.

 

http://candleforlove.com/forums/topic/42423-denial-letter/

 

I would contact a good accountant and see what can be done to correct your filing status after the fact.

[Randy W]

You would file an amended return Form 1040X for the previous three years. You can only file the W-7 with a return. Check the W-7 instructions to see if it allows you filing all three amended returns simultaneously with the W-7, or if you have to wait for next year's return. Fill out the 1040X using "applied for" when it asks for her Social Security number/ITIN. It's probably safe (FOR ME) to assume that you won't owe any taxes or penalties as a result of this, so it should be relatively painless. But YOU are responsible for your own taxes.

[kdavid3]

Thank you very much for the quick response and suggestions.

 

We have HEAPS of evidence proving a bonafide marriage, including pictures which document our entire relatiionship pre-marriage, marriage, pregnancy, son's birth, son aging to four years, etc. etc.

 

Additionally, we've been married since 2008, so we have the marriage books, my son's birth certificate, his US citizenship papers (both of these latter documents include both of our names). We've also traveled together internationally twice, once with our son, so we have matching visas and stamps in our passports.

 

Clearly this would be enough to cast off any doubt raised by the tax issue, right?

Edited October 21, 2013 by kdavid3 (see edit history)

[ameriken]

While that may provide enough evidence that you have a bonafide marriage, the tax return might provide enough doubt in the mind of an apathetic IO or VO who woke up on the wrong side of bed, and all they need is that one piece of doubt to nullify all the other bits in your favor. By filing 'single', you made a formal legal and "bonafide" declaration of your marital status to the US Govt, and now are trying to convince the same government that you really didn't mean it.

 

Like dnoblett said, taxes are a big piece of the puzzle and as you can see from his link, someone was already denied because of it.

 

If it were me, I'd be on the phone with my accountant to get the past 3 years amended and leave nothing to chance (chance being what kind of mood the VO/IO is in).

Edited October 21, 2013 by ameriken (see edit history)

[kdavid3]

That's understandable.

 

I've already been in contact with an accountant about this issue.

 

Thanks for the heads up!

[newacct]

Ugh. I've been filing my taxes this whole time a single, also because my wife does not have a SSN.

 

We have plenty of evidence for a bonafide marriage, including a four-year-old son, a bun in the oven, and heaps of photos with various family.

 

Is this a problem? What should we do?

 

Yes, it's tax fraud. When you are married, you can only file as "Married Filing Jointly" or "Married Filing Separately" (or in some special cases "Head of Household"); never as "Single".

 

Your wife not having an SSN is not an issue. If you want to file as "Married Filing Jointly", then you can get her an ITIN, with the reason for getting it being to file jointly with a U.S. resident. If she is a nonresident alien for tax purposes, you would also have to elect to treat the nonresident spouse as a resident. If you want to file as "Married Filing Separately", and she is a nonresident alien for tax purposes, and she doesn't have an SSN or ITIN, then the instructions say to just write "NRA" in the SSN blank.

[Randy W]

 

Ugh. I've been filing my taxes this whole time a single, also because my wife does not have a SSN.

 

We have plenty of evidence for a bonafide marriage, including a four-year-old son, a bun in the oven, and heaps of photos with various family.

 

Is this a problem? What should we do?

 

Yes, it's tax fraud. When you are married, you can only file as "Married Filing Jointly" or "Married Filing Separately" (or in some special cases "Head of Household"); never as "Single".

 

Your wife not having an SSN is not an issue. If you want to file as "Married Filing Jointly", then you can get her an ITIN, with the reason for getting it being to file jointly with a U.S. resident. If she is a nonresident alien for tax purposes, you would also have to elect to treat the nonresident spouse as a resident. If you want to file as "Married Filing Separately", and she is a nonresident alien for tax purposes, and she doesn't have an SSN or ITIN, then the instructions say to just write "NRA" in the SSN blank.

 

 

 

The word "fraud" is tossed around too freely on boards like this one. In this case, it's almost certainly meaningless. The guy most likely (and I'm purely guessing here) paid zero taxes, and will most likely owe zero taxes no matter how he figures it. This results in no back taxes owed, no late fee, and no penalty - even if audited.

 

Even so, your idea of filing "Married Filing Separately", while showing "NRA" for her SSN is a good one - he can fill out his 1040X and immediately have it ready to include with his I-864 and file with the IRS.

 

There are two tax issues with the visa officers at GUZ - one is your marital status, the other is your wages. If you are claiming a taxable level of income BEFORE the Foreign Earned Income Exclusion, you need to have reported it to the IRS. Any tax fraud issues are with the IRS - not GUZ.

[Randy W]

From the IRS Fraud Handbook - http://www.irs.gov/irm/part25/irm_25-001-001.html

 

Tax fraud is often defined as an intentional wrongdoing on the part of a taxpayer, with the specific purpose of evading a tax known or believed to be owing. Tax fraud requires both:

• a tax due and owing; and

• fraudulent intent.

 

 

[david_dawei]

You want to get this changed to Married, filing separately for those past years.

 

Realize that you'll amend AGAIN once she is here to Married, filing jointly as you should get an even better tax break (or refund).

[kdavid3]

Hi All,

 

Thanks so much for all of the feedback.

 

I've spoken with an accountant about the issue and they can amend my taxes for me. However, they're charging US$150 per year.

 

My questions are:

 

1. Is it best to have an accountant do this? (i.e. does the charge justify the service, is this an easy thing to do on my own?)

2. How many years of paperwork is the GUZ going to want to see? Not only for tax records, but also for bank accounts, credit cards, IRA accounts, etc.

 

Thanks again!

Edited October 23, 2013 by kdavid3 (see edit history)

[Randy W]

Hi All,

 

Thanks so much for all of the feedback.

 

I've spoken with an accountant about the issue and they can amend my taxes for me. However, they're charging US$150 per year.

 

My questions are:

 

1. Is it best to have an accountant do this? (i.e. does the charge justify the service, is this an easy thing to do on my own?)

2. How many years of paperwork is the GUZ going to want to see? Not only for tax records, but also for bank accounts, credit cards, IRA accounts, etc.

 

Thanks again!

 

1. No. There is no reason to not do it yourself if you can do so.

2. Be prepared - Up to three years

[dnoblett]

Hi All,

 

Thanks so much for all of the feedback.

 

I've spoken with an accountant about the issue and they can amend my taxes for me. However, they're charging US$150 per year.

 

My questions are:

 

1. Is it best to have an accountant do this? (i.e. does the charge justify the service, is this an easy thing to do on my own?)

2. How many years of paperwork is the GUZ going to want to see? Not only for tax records, but also for bank accounts, credit cards, IRA accounts, etc.

 

Thanks again!

I will add, GUZ will need an I-864 from you, the I-864 Specifies to attach 3 years of returns, also it specifies data showing current and future anticipated income (Recent pay stubs going back at least 6 months and employer letter indicating job details and salary if continuing after moving back to the states.)

 

If you will be leaving your employment to move to the states, you will need to show how you will be supported for at least 3 years after arrival liquid assets or a joint sponsor. If your employment will continue after transferring back to the states then a letter from employer will work.

 

If living overseas, evidence that you maintained US Domicile will be needed.

 

Bank accounts, IRA, Credit cards are only really useful if showing that you added your spouse to the accounts showing bonafide relationship.

[kdavid3]

Since I'm leaving my job here in China, do I need to provide these pay stubs?

 

I'll be returning to the States to complete a PhD program. I won't have an offer of admission by the time we apply. However, this will provide a stipend of around 15 - 20k/year. Between savings and my IRA, we also have about 100k. TAing is part of my PhD program, and is considered a job. Yet, as above, I won't have proof of this at the time of application.

 

Are our IRA/savings enough? (My wife isn't listed on any of our US accounts.) Or should we plan on joint sponsorship?

 

Bank accounts, IRA, Credit cards are only really useful if showing that you added your spouse to the accounts showing bonafide relationship.

 

 

Are these not useful in proving domicile?

 

Thanks again!

[dnoblett]

Domicile is more about a place to live, a state side address such as a parent's home can serve this, state side bank accounts that you deposited to help, a current unexpired State Driver's license.

 

May be able to get away not showing paystubs by showing bank accounts with regular deposits.

 

If you cannot document that will have a job and income once returning to the states, you may want to consider a joint sponsor.

 

IRA can be counted as an asset, but considering the penalty on early withdrawal it is not considered a good asset. Assets are only worth 1/3 income, so for example no job, then assets need to exceed 3x125% poverty line for you family size, for example if 125% poverty line is $19,000 then assets need to be $57,000 and easily converted to cash. An automobile is only counted as an asset if it is a second vehicle, not primary transportation, a home is somewhat treated the same if it is not your primary residence.