I-140 and Tax return

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linux1112000

Registered Users (C)
I am going to apply for I-140. I got married but my wife has never been in USA. Last year I applied for Tax return as married. Someone told me that I should not have returned tax as married since my wife is not in USA. Since then I am paying tax as single. I have not returned this year tax yet. I was wondering would there be any problem for my I-140 when they see my tax return?
 
Originally posted by linux1112000
I am going to apply for I-140. I got married but my wife has never been in USA. Last year I applied for Tax return as married. Someone told me that I should not have returned tax as married since my wife is not in USA. Since then I am paying tax as single. I have not returned this year tax yet. I was wondering would there be any problem for my I-140 when they see my tax return?
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Firstly how did you file a joint tax return if your wife was never in USA? (I assume here that she does not have a Social Security or Taxpayer identification number). How did she "sign" the return?

Secondly if you did file the return as joint and received tax breaks because of that, you can file an amended return by filing 1040X for last year and pay whatever additional tax you owe. This will not specifically affect your I-140 petition but it is not a good idea to mess with IRS since at a later time this can come to haunt you.
 
It is okay to file a tax return even if your wife is not here in the US, i guess you would have got a TIN number and used it to file jointly, i think it does not cause any problems as long as you can show the documents that you were married and also say that you applied for the TIN , i think it should not be a problem for you to get your 140 cleared
 
tax..

One needs to be present in the US for at least 180 days (even with a social security number of TIN) of the tax year in question to be eligible to file tax form 1040 ... Otherwise 1040 NR (non resident) shoud be used which does not provide any option to include dependents..

that is what I know..based on personal research since I had some issues the time I got married regarding this..

I am not an attorney..

D
 
You can file tax return any way you want, as long as you are not audited.

Like they said, the only crime is being caught. :D
 
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