Wikiposts

IRS & BCIS

Thread Tools
 
Old Jun 5th 2003, 3:59 am
  #1  
Jay Johnson
Guest
 
Posts: n/a
Default IRS & BCIS

Hi everybody,

In a recent phone talk with an IRS person I was told that if one is
married and wants to remain in US (immigrate) then one must file taxes
using "married, separately" status not "single" as one IRS instructor
told me at a tax seminar.


Do you have any information about this topic?

What are the consequences of filing "single" vs. "married separately"

Do you have to show copies of the tax returns to BCIS?


As far as I know there's still time to change the filing status since
changes can be made up to six years.

Thank you,

Jay
 
Old Jun 5th 2003, 12:14 pm
  #2  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: IRS & BCIS

On Thu, 05 Jun 2003 08:59:53 -0700, jay Johnson wrote:

    > Hi everybody,
    >
    > In a recent phone talk with an IRS person I was told that if one is
    > married and wants to remain in US (immigrate) then one must file taxes
    > using "married, separately" status not "single" as one IRS instructor
    > told me at a tax seminar.
    >
    > Do you have any information about this topic?

First, keep in mind that IRS persons are notoriously underinformed, just
as BCIS persons are, so the advice you get there may be flat out wrong. At
least, the IRS now has a policy of not holding you responsible if you got
bad advice from them.

You may be better off downloading the various IRS tax publications here. I
just added such a link to my FAQ site.

As far as I know, the rules depend very much on the particular situation,
both of your citizenships, etc.

    > What are the consequences of filing "single" vs. "married separately"

Most likely, the amount of your taxes will be different.

    > Do you have to show copies of the tax returns to BCIS?

Not per se. But of course BCIS does require tax returns as supporting
documentation for certain types of application (such as, a US citizen
sponsoring a foreign spouse).

    > As far as I know there's still time to change the filing status since
    > changes can be made up to six years.

If it's in your favor, I think up to three years. If it is not,
indefinitely.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 5th 2003, 4:15 pm
  #3  
San Bernardino Filer
Guest
 
Posts: n/a
Default Re: IRS & BCIS

I am not a lawyer or accountant, but it is my understanding that if
you are married you must choose either:
-married filing jointly OR -married filing separately

Supposedly, the INS/BCIS looks more favorably upon filing jointly,
since this shows more of a joint life. I don't think it is a
requirement though. For most people it also financially advantageous
to file jointly.

I do not see how, regardless of your immigration status, you can file
"single" if you are in fact married.

The IRS is actually quite helpful on their 1-800 number found on the
website and tax booklets. The website is also very good: www.irs.gov
 
Old Jun 5th 2003, 6:06 pm
  #4  
Internet_dude
Guest
 
Posts: n/a
Default Re: IRS & BCIS

Bullshit..??

"jay Johnson" wrote in message
news:[email protected]...
    > Hi everybody,
    > In a recent phone talk with an IRS person I was told that if one is
    > married and wants to remain in US (immigrate) then one must file taxes
    > using "married, separately" status not "single" as one IRS instructor
    > told me at a tax seminar.
    > Do you have any information about this topic?
    > What are the consequences of filing "single" vs. "married separately"
    > Do you have to show copies of the tax returns to BCIS?
    > As far as I know there's still time to change the filing status since
    > changes can be made up to six years.
    > Thank you,
    > Jay
 
Old Jun 5th 2003, 8:25 pm
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: IRS & BCIS

On Thu, 05 Jun 2003 21:15:53 -0700, San Bernardino filer wrote:

    > I am not a lawyer or accountant, but it is my understanding that if you
    > are married you must choose either: -married filing jointly OR -married
    > filing separately
    >
    > Supposedly, the INS/BCIS looks more favorably upon filing jointly, since
    > this shows more of a joint life. I don't think it is a requirement
    > though. For most people it also financially advantageous to file
    > jointly.
    >
    > I do not see how, regardless of your immigration status, you can file
    > "single" if you are in fact married.

The IRS indeed sometimes requires filing as single if your spouse is a
non-resident alien. This can be a tricky situation, so read the tax guides
carefully and/or hire a competent accountant.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 6th 2003, 8:42 am
  #6  
Hnchoksi
Guest
 
Posts: n/a
Default Re: IRS & BCIS

    >Subject: Re: IRS & BCIS
    >From: "Ingo Pakleppa" [email protected]
    >Date: 6/6/03 4:25 AM Eastern Daylight Time
    >Message-id:
    >On Thu, 05 Jun 2003 21:15:53 -0700, San Bernardino filer wrote:
    >> I am not a lawyer or accountant, but it is my understanding that if you
    >> are married you must choose either: -married filing jointly OR -married
    >> filing separately
    >>
    >> Supposedly, the INS/BCIS looks more favorably upon filing jointly, since
    >> this shows more of a joint life. I don't think it is a requirement
    >> though. For most people it also financially advantageous to file
    >> jointly.
    >>
    >> I do not see how, regardless of your immigration status, you can file
    >> "single" if you are in fact married.
    >The IRS indeed sometimes requires filing as single if your spouse is a
    >non-resident alien. This can be a tricky situation, so read the tax guides
    >carefully and/or hire a competent accountant.
    >--

Why would BCIS care what your filing status is? One would assume that they
want tax returns to see if you have been earning enough to support your spouse
and not have her go on the dole as soon as she steps off the boat...
 
Old Jun 6th 2003, 8:58 am
  #7  
S B
Guest
 
Posts: n/a
Default Re: IRS & BCIS

Hnchoksi wrote:
    >

    >
    > Why would BCIS care what your filing status is? One would assume that they
    > want tax returns to see if you have been earning enough to support your spouse
    > and not have her go on the dole as soon as she steps off the boat...

Actually, it could be to see if the marriage is legit.
 
Old Jun 6th 2003, 10:48 am
  #8  
L D Jones
Guest
 
Posts: n/a
Default Re: IRS & BCIS

Ingo Pakleppa wrote:
    >
    > On Thu, 05 Jun 2003 21:15:53 -0700, San Bernardino filer wrote:
    >
    > > I am not a lawyer or accountant, but it is my understanding that if you
    > > are married you must choose either: -married filing jointly OR -married
    > > filing separately
    > >
    > > Supposedly, the INS/BCIS looks more favorably upon filing jointly, since
    > > this shows more of a joint life. I don't think it is a requirement
    > > though. For most people it also financially advantageous to file
    > > jointly.
    > >
    > > I do not see how, regardless of your immigration status, you can file
    > > "single" if you are in fact married.
    >
    > The IRS indeed sometimes requires filing as single if your spouse is a
    > non-resident alien. This can be a tricky situation, so read the tax guides
    > carefully and/or hire a competent accountant.

I think in this case it could be married filing separately (even if the
spouse lives abroad and has never lived in the US). I am not aware of a
case where the IRS would "require" a married person to file as single
but I'm not expert. An alien can be entered on a person's tax return
even if that alien has no intention of living in the US as I understand
it
 
Old Jun 6th 2003, 11:19 am
  #9  
S B
Guest
 
Posts: n/a
Default Re: IRS & BCIS

L D Jones wrote:
    >
    > Ingo Pakleppa wrote:
    > >
    > > On Thu, 05 Jun 2003 21:15:53 -0700, San Bernardino filer wrote:
    > >
    > > > I am not a lawyer or accountant, but it is my understanding that if you
    > > > are married you must choose either: -married filing jointly OR -married
    > > > filing separately
    > > >
    > > > Supposedly, the INS/BCIS looks more favorably upon filing jointly, since
    > > > this shows more of a joint life. I don't think it is a requirement
    > > > though. For most people it also financially advantageous to file
    > > > jointly.
    > > >
    > > > I do not see how, regardless of your immigration status, you can file
    > > > "single" if you are in fact married.
    > >
    > > The IRS indeed sometimes requires filing as single if your spouse is a
    > > non-resident alien. This can be a tricky situation, so read the tax guides
    > > carefully and/or hire a competent accountant.
    >
    > I think in this case it could be married filing separately (even if the
    > spouse lives abroad and has never lived in the US). I am not aware of a
    > case where the IRS would "require" a married person to file as single
    > but I'm not expert. An alien can be entered on a person's tax return
    > even if that alien has no intention of living in the US as I understand
    > it

Personally, I think that the concept of filing as a single was a
misunderstanding of filing as married not joint.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.