Virginia Beach, VA asked in Immigration Law and Tax Law for Virginia

Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention NRA in that field, but I did not know about that.

Since then he has entered the country and has acquired a SSN (in 2021) but while trying to amend the previous returns, I’m not sure that I should use his SSN since he didn’t have it or an ITIN before when those returns were filed. Is it possible to amend my previous returns from single to married filing separately and include NRA in the space for my then spouse?

I want to clarify that I only want to amend the returns so that they reflect the right status, not for refunds.

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: This may seem to be an immigration question but it is actually a tax question. I suggest you consult with a CPA. It is possible that by filing taxes a single you paid more than you needed to. If this is the case you can amend your taxes going back at least a few years.

Agnes Jury agrees with this answer

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