Filling taxes as single

[waks]

I am about to file for my wife and 8mths old baby. However despite being married since August 2012 i filed my 2012 taxes as single instead of married filling jointly/separate. Wife lives abroad. Will this affect my petition?

 

[newacct]

You filed your taxes wrong. A married person cannot file as single under any circumstances. Only married filing jointly or married filing separately. You should amend your taxes ASAP. You need to provide tax information for the I-864, so you should fix this before you file.

 

[Jackolantern]

Unless you're legally separated, you can't file as single when you're married.

You need to file an amended return as married filing separately or married jointly, and pay the taxes owed if it results in a bigger tax bill.

However, this issue won't affect your petition at this point in time, so you can go ahead and file the I-130 now and fix your tax issue later. But you need to get it straightened out before the next stage when you have to file I-864, because for the I-864 you will have to provide tax returns or tax transcripts. You also need to sort this out before applying for citizenship.