# Married expat, VN wife no income, I filed single



## aeolion (May 6, 2014)

I did streamling in May with the help of all you guys. 

I have been married 4-1/2 years. My wife makes nothing. I have SS and interest coming in, and filing singly and paying Korean tax on the interest, I just squeak by with no taxes. 

I do not claim her as a dependent. I filed everything as single. Seemed like the right thing to do at the time. But I just read that I probably made a mistake. A big one.

Because now we are thinking of immigrating to America. If I cannot legally file single in my situation, I guess I will have to amend all the 1040s.

Any idea how long it will take for the IRS to put the amendments into the system so I can get transcripts? 

I filed all my 1040s on time, along with Fatca and FBAR and foreign interest tax form and all, as required, by the June deadline, but I still cannot get an electronic transcript out of the system.

Is it going to take years to get the transctipts?

Thanks, aeolion


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## DavidMcKeegan (Aug 27, 2012)

Hello,

With regards to your message, yes, you should go back and amend those returns to correctly report your status. Once you are married you can legally no longer file as single...it needs to be either married filing jointly, or married filing separately. You can try both ways of filing and see which is most beneficial, but as your wife is not making any income, generally you would do best to file jointly, and then claim her as a dependent.

This is especially important if you want to move back to the USA. With any Greencard application for your spouse, you will need to include at least the last three years of tax returns, and they should properly reflect your marital status.

As far as the transcripts go, generally they take around six weeks to show up in the system (if you mailed your returns in). They can however take longer if you are filing several years, etc. You could also try and request copies by mail, that works better sometimes (for whatever reason).

Either way, I would continue to follow up with the IRS and request copies.

Good luck!


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## aeolion (May 6, 2014)

Thanks, David. I downloaded a 1040x. Really simple if there is no monetary change, just a simple explantion. They will be in the mail tomorrow morning.

Also, in the mail will be a request for tax transcripts. 

Thanks again .


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## DavidMcKeegan (Aug 27, 2012)

Sounds great, good luck and keep us posted


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## BBCWatcher (Dec 28, 2012)

Note that if you and your wife file jointly your spouse must also agree, and she becomes liable for any of your tax-related screwups (and vice versa). Assuming she's a non-resident alien spouse she would make what's called a "Section 6013(g) Election" to do that. That requires attaching an appropriate letter to the tax return in the first tax year when the election is made. Once the election is made you continue filing jointly. If you then switch to married filing separately, you can, but you/she can never go back to married filing jointly unless/until her U.S. status changes (to U.S. permanent resident or U.S. citizen).

The decision whether to file separately or jointly is situational and personal. Both approaches are viable, and one of the major considerations (but not the only consideration) is financial.

For others' benefit, please note that all legal two person marriages require filing as married, including now same-sex marriages. (If you have a second or additional spouses you likely must file married but only based on your first spouse.) For example, if you are female and legally married another female in Denmark, you would be required to file as married, not single. The U.S. federal government started recognizing all legal same-sex marriages in 2013 with the U.S. Supreme Court's Windsor decision, so from tax year 2013 onward same-sex married couples must file using one of the married filing statuses.


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## StewartPatton (Aug 5, 2014)

In addition to married filing separately and married filing jointly, you could also file as head of household if you meet the qualifications (requires having a dependent child at home).


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