Hi guys, Please help me for the following questions ?
1. I have filed my tax returns as single while I was married and my spouse was outside of States waiting for immigration, Now that my case is in NVC should I amend my taxes from single to married ?
2. If YES then what should I write in SSN of spouse ? what should I mark "married filing jointly" OR married filing seperately ?
3. And last, what should I write in spouse occupation ?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
1. Yes, to comply with the law and correctly report your marital status. Speak with a CPA.
2. Does your spouse have an SSN? if yes, then yes. Whether to file your taxes as ""married filing jointly" OR married filing separately" is not an immigration law question, but a tax question that should only be addressed to a qualified CPA or even tax attorney.
3. How are we to know that? Note that "occupation" in that sense means someone's "profession, skill or line of habitual work", regardless of the fact whether the individual in question is currently employed or not.
If you were married on the last day of the year, even if your spouse was outside of the US the entire year, you can not file as "single". You must file as either "married filing jointly" or "married filing separately" (or, potentially, "head of household" depending on the specific facts of your situation).
Your spouse can request what's called an ITIN (Individual Taxpayer Identification Number) for you to use on your tax returns, because he or she is ineligible for a social security number at the moment.
You should go back and amend all the returns you filed as "single" when you were actually married to include the correct filing status, as this can affect what deductions and credits you may be eligible for. Keep in mind, if you choose to file jointly, your spouse's income (even if it's entirely foreign income) must be included on the return.
You should consult with either a good CPA or a tax attorney for assistance with this, it may turn out to be a relatively minor correction, or it may significantly alter your previous years' returns. But having professional help to ensure it's done correctly is a very good idea.
1. Your income tax return should correctly set forth your marital status.
2. You should indicate your spouses's SSN if she has one. Whether to indicate married filing jointly or married filing separately is a discussion for a CPA or tax attorney. you can file under either option. It would be best to find out which status offers the most tax advantages and disadvantages.
3. You would indicate the type of work your wife typically engages. It is not clear from your post what type of work your wife engages in to support herself.
