filing taxes for 2013 as single?

[itstaran]

hey guys

soo my wife's parents filed her taxes as single for 2013 (we got married dec 26 2013). Their accountant said if i am not in USA, she can file as single. The more I read, I am realizing it might be wrong.

My quesiton is, we are using a joing sponsor as she was unemployed for all pretty much all of 2013.

Can we just send the package as single for 2013 since they will base the support on the joint sponsor's filing?

8-12 weeks to get an amendment will push the case back a lot, so hoping for some way around this.

any suggestions?

We are currently in the process of sending out AOS and IV package to NVC

thanks.

[rayb]

Your accountant is dead wrong. Filing as "married/separate" or "married/joint" when one spouse is outside the U.S. and has no SSN or U.S. status can and should be done, using "ITIN" application or "NRA" option. On the other hand, many people routinely fiile as single when spouses are not yet in the U.S., and the computations end up being the same as "married/separate," no particular tax gains occur by mislabeling your filing status, and IRS is not particularly interested in penalizing you when they didn't lose any money, anyway.

Yes, you can use the joint sponsor, though your wife still has to be the primary sponsor, income or not.

--Ray B

hey guys

soo my wife's parents filed her taxes as single for 2013 (we got married dec 26 2013). Their accountant said if i am not in USA, she can file as single. The more I read, I am realizing it might be wrong.

My quesiton is, we are using a joing sponsor as she was unemployed for all pretty much all of 2013.

Can we just send the package as single for 2013 since they will base the support on the joint sponsor's filing?

8-12 weeks to get an amendment will push the case back a lot, so hoping for some way around this.

any suggestions?

We are currently in the process of sending out AOS and IV package to NVC

thanks.

[itstaran]

Your accountant is dead wrong. Filing as "married/separate" or "married/joint" when one spouse is outside the U.S. and has no SSN or U.S. status can and should be done, using "ITIN" application or "NRA" option. On the other hand, many people routinely fiile as single when spouses are not yet in the U.S., and the computations end up being the same as "married/separate," no particular tax gains occur by mislabeling your filing status, and IRS is not particularly interested in penalizing you when they didn't lose any money, anyway.

Yes, you can use the joint sponsor, though your wife still has to be the primary sponsor, income or not.

--Ray B

Thank you Ray,we will file for an amendment after this process then.

I have another question, not related to this.

our joint sponsor is self employed.
-we have the tax transcript
-he used 1040 form to file
-we are filing I-864

Should we use the Total income or adjusted gross income? I have seen asnwers for using both so I am not sure. total icome and adjusted income is about $2000 apart but both meet the minimum threshold

I read the I864 instruction and it says if we used 1040 then use total income. Just confused with different answers I have found online

Would you have any ideas?

thank you

[rayb]

when completing the I-864, if form 1040 was filed, you use "Total Income."
If for 1040EZ was filed, use "Adjusted Gross Income.

--Ray B

Thank you Ray,we will file for an amendment after this process then.

I have another question, not related to this.

our joint sponsor is self employed.
-we have the tax transcript
-he used 1040 form to file
-we are filing I-864

Should we use the Total income or adjusted gross income? I have seen asnwers for using both so I am not sure. total icome and adjusted income is about $2000 apart but both meet the minimum threshold

I read the I864 instruction and it says if we used 1040 then use total income. Just confused with different answers I have found online

Would you have any ideas?

thank you

[itstaran]

when completing the I-864, if form 1040 was filed, you use "Total Income."
If for 1040EZ was filed, use "Adjusted Gross Income.

--Ray B

Thank you! You've been very helpful!