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BGTJRG · Apr 18, 2009, 03:48 PM

I'm married to a B1/B2 Visa holder who came for training in the US and we got married and she went back on time before her return date. Filed for K3 Visa but I filed my taxes as single due to her not having her Tin or social security number. Her Visa Interview is May 7, I need to send her the 1040 or 1040x amended return asap. Please help. Should I file a amended return as Married filing separately or married filing jointly. Since TIN takes weeks to get, what can I put as her social security number or any other options

georgiap · Apr 18, 2009, 03:53 PM

Hi there,

I came to america on a K3 visa and my husband did not file taxes until the day before my green card interview. I had received my SSN a week before my interview. At the interview the only thing we had to prove our marriage was legit was pictures and a lease proving that we live together in the U.S. for at least a year. I had received my 10 yrs green card. I hope this help.

BGTJRG · Apr 18, 2009, 05:59 PM

K3 VISA requirement is to have 1040 federal tax returns. How do you file amended tax return before receiving the TIN or without social security number. If she is working in india. Would I file as Married Filing Separtely and not claim her as dependent and on the I131 claim as partial dependent.

MukatA · Apr 18, 2009, 09:33 PM

Originally Posted by BGTJRG

I'm married to a B1/B2 Visa holder who came for training in the US and we got married and she went back on time before her return date. Filed for K3 Visa but I filed my taxes as single due to her not having her Tin or social security number. Her Visa Interview is May 7, I need to send her the 1040 or 1040x amended return asap. Please help. Should I file a amended return as Married filing seperately or married filing jointly. Since TIN takes weeks to get, what can I put as her social security number or any other options

What is your resident status in the U.S. Which year did you get married? Which return did you file in 2007?

BGTJRG · Apr 19, 2009, 08:09 AM

I'm a US citizen, married on 09/26/08, 07 taxes I filed as single and also did the same for 08. Now I have amend 08 asap. I don't have any other dependents. My wife works fulltime in India, I don't need to support her, she makes enough to support herself, when she moves here then I will support her. She is a B1/B2 visa holder came from 07/08-10/08 then went back was able to comeback again from 12/08-03/09 3 month increments for training purposes through company. Due to her stay here she wasn't able to file taxes back india. So only I will be filing here and wanted to list her as my spouse. I don't care about claiming her as dependent or getting a personal exemption to get more $$$. After she comes on the 09 return I can do all that. I just want to make sure there is no issues with IRS & immigration. k3 interview is may 7th. Please help.

AtlantaTaxExpert · Apr 20, 2009, 01:20 PM

You should amend the return to Married Filing Separately using Form 1040X.

List her name and put "NRA" where her SSN goes. It is a bit unorthodox, but the IRS will accept such a return if it is mailed. Mail it to the Austin, TX facility at:

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE CENTER
AUSTIN, TX 73301

Once the amendment is mailed, you can then print off the Form 1040 showing the return as Married Filing Separately in PDF form and send it to your wife for her interview.

BGTJRG · Apr 20, 2009, 02:07 PM

you mean I would pdf form 1040x with MFS status not 1040. You stated sent 1040 please clarify. Also I have to do the same for the state return ?

AtlantaTaxExpert · Apr 20, 2009, 02:18 PM

Actually, I would send all three forms (Form 1040X, Form 1040, state tax return) to her, with instructions that she only show the Form 1040 which shows you filed Married Filing Separately.

When the amendment is filed, then the Form 1040 showing MFS is accurate! She would not be lying in the interview about how you filed. The fact that you had to amend to file correctly is superfluous information.

BGTJRG · Apr 20, 2009, 03:16 PM

in the k3 documentation, they state submit evidence of late or amended return or 1040 with attached schedules. How would the 1040 show the corrected filing status when I already filed and IRS received. Wouldn't only the 1040x show the corrected filing status. Sorry for a lot of questions, 1st time doing an amended tax return. Also Is it a good idea to mail to austin & our federal address.

AtlantaTaxExpert · Jun 11, 2009, 06:29 AM

Submit the Form 1040X with the original Form 1040.