IR1: Filed taxes as single. What should I do now?

[Spring009]

Hello everyone!

Here's my situation: I am USC, filed I-130 for my wife, it's already approved and has been sent to the NVC, so I am here preparing all other documents to be sent. I know, that I have to prepare and send Affidavit of Support (I-864), I have made more than enough on 2016 so I'll be sponsoring my wife. I've already did my taxes a few weeks ago. However, during filing, my accountant stated that I am single, as he said he could not make it "Married" because it is requires my wife's SSN and she does not have it because she has never been in the US before. I've read that it could be a problem or some issue for the CO who will be interviewing my wife once the case is complete. So I am really worried now.

What should I do now? Could it be a real problem? Does CO know that "Married" status required SSN while filing taxes? Is there any way she can be denied on her visa? Please share your experience and thoughts, I really need your help here. I would like not to change anything, as everything has been already filed and sent. Thanks.

[inadmissible]

I can't speak to your Affidavit of Support, but I can speak regarding your taxes

No, you don't need a spouse's SSN in order to file taxes. Your tax return preparer - especially one who holds himself out as an "accountant" should know better. He would have just written NRA in the field asking for her SSN. A married person can not file as single

You can amend your taxes using Form 1040X. Maybe find a better tax return preparer this time

[newacct]

If you were married as of December 31, you can file as Married Filing Jointly or Married Filing Separately, but NOT as Single. If you file as Married Filing Jointly, you will need to apply for an ITIN for her together with the tax filing, and her worldwide income would need to be reported. If you file as Married Filing Separately, you can put "NRA" in the space for SSN as per the form instructions. You should get the tax return amended before filing the Affidavit of Support.