Announcement

Collapse
No announcement yet.

Important TAX Question/ Aguila, Sammy, anyone with related info. we'll be greatfu

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Important TAX Question/ Aguila, Sammy, anyone with related info. we'll be greatfu

    Here is the situation, my wife and I have been married for about 3 yrs. She is in college about to finish her doctorate while I work full time. Due to her college and my job, part of the week she has been living with her mom as her college is about 4 hrs away and during the weekend and rest of the week at home with me. In order to save $ plus its a very good school so we decided its best for her not to transfer over and finish up.

    To make the long story short, for last 3 yrs i have been filing taxes as SINGLE not married as she is afraid of her mom finding out and kicking her out of the house plus her mom wants to delcare her as dependent and get some $ from IRS. Me being from South Africa, non white, will NOT fit well with her mom being thus we have kept it from her. She will graduate this summer after which it won't matter.

    My question is when we go for interview, would our AOS get rejected because I have been filing SINGLE not MARRIED? What should we do? I own my own little business by the way. I understand this is not a good position to be in but we are in it and request anyones help and advice. Our interview is comming up in about 6 weeks from what we been told. Please help if you can. Thankyou very much...

  • #2
    Here is the situation, my wife and I have been married for about 3 yrs. She is in college about to finish her doctorate while I work full time. Due to her college and my job, part of the week she has been living with her mom as her college is about 4 hrs away and during the weekend and rest of the week at home with me. In order to save $ plus its a very good school so we decided its best for her not to transfer over and finish up.

    To make the long story short, for last 3 yrs i have been filing taxes as SINGLE not married as she is afraid of her mom finding out and kicking her out of the house plus her mom wants to delcare her as dependent and get some $ from IRS. Me being from South Africa, non white, will NOT fit well with her mom being thus we have kept it from her. She will graduate this summer after which it won't matter.

    My question is when we go for interview, would our AOS get rejected because I have been filing SINGLE not MARRIED? What should we do? I own my own little business by the way. I understand this is not a good position to be in but we are in it and request anyones help and advice. Our interview is comming up in about 6 weeks from what we been told. Please help if you can. Thankyou very much...

    Comment


    • #3
      Your tax status should not affect the AOS; it is not illegal for married people to file as single.
      it was like that when i found it... honest!

      Comment


      • #4
        That is a relief for sure. However wouldn't INS put up a redflag as we haven't filed together? Any suggsetionS?

        Comment


        • #5
          There're plenty of situation where filing single provide better tax rate for married couple (ever heard of the term marriage penalty tax?). USCIS can't tell you to file as married couple if you don't want to.

          Comment


          • #6
            Actually I had no clue about that so thats good new thank GOD. By the way, waht is the minimum money I should be making to qualify as my wife is a student and a USC so I have to show the income and not sure what the minimum is. Also, do you need to show INS the W2s or tax return copies or what? Thank you again all...

            Comment


            • #7
              I hate to have to ask this again, but are you SURE it is NOT illegal for a MARRIED person to be filing SINGLE? I have been filing SINGLE for last 3 yrs due to reasons above while my wife's mom has been fling her as a dependent for above reasons. I just want to make sure when we go to INS they dont say it is ILLEGAL to file SINGLE when you are MARRIED. Please do confirm and thank you very very much.

              Comment


              • #8
                Ok, there's a big difference between the term filing single when you're married (aka: married filing separately) and filing single when you're single. I was refering to the first one, and apologize for any confusion it might cause.

                When you're married, you can file as either married filing separately or married filing jointly. You can't file single in any but the most extreme situation, when you're legally married. In most cases, married filing jointly will save you more money, but IRS will let you file as either, hence my comment in the previous post.

                Now as for how USCIS will interpret this discrepancy is anyone guess. They're not the IRS and they can't enforce tax law on you. OTOH, this can be constitute as tax fraud, and they might very well look unfavorably, especially with regard to moral turpitude.

                Comment


                • #9
                  ok Thanks a bunch for all your help so far.

                  Anyway, I researched around and SEEMS like it is LEGAL for a "NON RESIDENT ALIEN", which I believe I am since I am not a US citizen simply married to one at this stage, to file SINGLE even when married. Check out these details links from tax sites that I copied and pasted ...

                  ************************************************
                  http://www.nebls.com/love_and_marriage_part_i.htm


                  If I am married to someone who is not a U.S. citizen, which filing status do I choose?

                  If you are considered married on December 31, 2004, you may file "Married Filing Jointly" with your spouse, even if your spouse is not a U.S. citizen. -Your spouse must have a Social Security Number valid for employment or an Individual Taxpayer Identification Number (ITIN).

                  If your spouse is a nonresident alien and you choose not to file a joint return, you are considered unmarried and you cannot file "Married Filing Separately".
                  -You will have to file "Single" unless you meet the 5 special requirements of filing as "Head of Household" for married people choosing to be considered unmarried.

                  http://www.irs.gov/publications/p501/ar02.html#d0e1305


                  Nonresident alien or dual-status alien. A joint return generally
                  cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.


                  Joint Return After Separate Returns
                  You can change your filing status by filing an amended return using Form 1040X.

                  If you or your spouse (or both of you) file a separate return, you generally can change to a joint return any time within 3 years from the due date of the separate return or returns. This does not include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status.

                  Separate Returns After Joint Return
                  Once you file a joint return, you cannot choose to file separate returns for that year after the due date of the return.

                  ************************************************

                  Does above make sense or not? I have been filing single for last 2 yrs even though married and per statemetns above from IRS seems like it is NOT illegal to finle SINGLE EVEN IF YOU ARE MARRIED! Please do let me know what you think. I very much appreicate everyones input as TAX is BEYOND my wife and me for sure!!

                  Comment


                  • #10
                    Well, there's one problem with that. The last several years, did you file using form 1040 or 1040NR? If you use 1040, then you're filing as a resident alien, which mean all the stipulation about non-resident alien filing is void.

                    Comment


                    • #11
                      ok marma, this is quite complicated for me to understand however if you read the following from the IRS site it states..

                      "Joint Return After Separate Returns
                      You can change your filing status by filing an amended return using Form 1040X.

                      If you or your spouse (or both of you) file a separate return, you generally can change to a joint return any time within 3 years from the due date of the separate return or returns. This does not include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status. "

                      clearly suggests that there are married couples who might have filed SINGLE as the last statement suggests "...A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status."

                      Either way, what do you think should be our next course? I think seems like IRS is OK with people filing SINGLE even when married as they actualy get MORE money from us as SINGLES pay high in taxes compared to joint.

                      Thank you very much again....

                      Comment


                      • #12
                        I think JohnDoe pretty much summed it up what you'll need to do with "You need to contact IRS and see how you can submit form 1040X or an amended return for those years." That'll be the most prudent way out of this situation.

                        Comment


                        • #13
                          JohnDoe, we certainly appreciate your input. Based on the link you provided from IRS site, read this below:

                          Married persons living apart. If you live apart from your spouse and meet certain tests, you may be considered unmarried. If this applies to you, you can file as head of household even though you are not divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household, later.


                          Now there is a statment there saying "...If you live apart from your spouse and meet certain tests, you may be considered unmarried.." Meaning you CAN file unmarried thus SINGLE even if you are married IF you live apart and meet cetain requirments. In other parts of IRS website, by living apart they say approx. 6 months which give or take can be done since during the week for school she is living with her mom.

                          Anyway, thanks for all the information everyone just trying to figure out the TAX jungle we are in. tahnkyou again very much....

                          Comment


                          • #14
                            Hey all,

                            Thanks for your input it very much helps us understand this better as this is FAR more complicated then either two of us imagined.

                            Here is the question, what EXACTLY does INS do with the COPY of the tax returns? Do they VERYFIY it with IRS? Also, by a COPY of tax return what does it exactly mean? Does it mean the ACTUAL certified copy of tax returns from the IRS OR simply a copy that you can print out say from Turbo tax or if you filed manually create a seperate copy and give to INS? If it's simply a COPY, what would keep anyone from just submitting a different tax return to IRS while creating a seperate "COPY" for INS which is totally different? Just does not make sense as anyone can create a pretend COPY showing what INS wants to see rather then giving them actual certified copies of returns from IRS.

                            Now, the situation we are in, what doyou think we do? I talked to 2 certired CPAs over the week. One a personal friend and was told something regarding this effect. It is NOT uncommon to file tax returns as SINGLE by married couples but is rare simply because you dont get as much money back from the IRS. IF we were to get audited, we MIGHT have to refile using 1040X however in the situation we are in coz of her mom, it's very much possible IRS looks the other way as this is not very uncommon and definitely NOT a TAX FRAUD simply NOT recommended by IRS to do.


                            As always, we apprecciate everyones input and suggestions and thank you so so much....

                            Comment



                            Working...
                            X