ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 14

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

  1. #1
    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. #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...

  3. #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!

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

  5. #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.

  6. #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...

  7. #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.

  8. #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.

  9. #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!!

  10. #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.

Similar Threads

  1. Replies: 4
    Last Post: 03-25-2006, 09:32 PM
  2. TAX MISTAKE....PLease helps need very important TAX question for interview!!
    By AugustaBeautGA in forum Immigration Discussion
    Replies: 7
    Last Post: 11-30-2005, 09:43 AM
  3. Aguila, sphyrapicus, SAMMY, 4now...TAX Question
    By Pasha Patel in forum Immigration Discussion
    Replies: 5
    Last Post: 03-10-2005, 05:29 AM
  4. 4now and others Very important TAX Question
    By chuki in forum Immigration Discussion
    Replies: 5
    Last Post: 03-05-2005, 09:24 AM
  5. Info needed...Not directly related to US Immigration
    By Pasha Patel in forum Immigration Discussion
    Replies: 16
    Last Post: 01-20-2004, 09:06 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: