Filing taxes after I-130 approved

[queakster]

I think I may have gotten myself into a sticky situation. I am a full time student (<$5k income) who is currently about to start the I-864 form for my husband. My mom offered to have my taxes done by a professional along with hers, just like every other year, and without much thought I let them do it. I found out yesterday that my taxes were filed as single (married March 2014) and additionally my mom claimed me as a dependent. At this point I contacted the tax attorney and explained my situation and asked about filing a 1040x amendment which she said I could not do without my husband having a SSN. I obviously have to submit my tax return as part of the I-864 and I'm not sure how to approach the fact that my taxes were filed as single. What is my best course of action? I don't want our application to be denied simply because i made an error in filing my taxes.

additionally my mom claimed me as a dependent which is worrisome since she is going to be a joint sponsor on our visa petition. should I recommend that my mom remove me as an dependent with a 1040x amendment?

any advice would be incredibly appreciated.

[rayb]

There are two answers to your questions:

1. Your tax preparer is wrong, and was apparently too challenged by your question to give you the correct answer You can do an amendment to your tax return and apply for an ITIN (tax identification number) for your husband with form W-7 attached to your tax return. Your tax return amendment must be paper-filed to the Texas IRS office which issues ITIN's.

2. The second answer, however, is that there is no particular reason to worry about correcting this tax return to get your husband's name on it, since IRS will not be concerned that a "minimum income" return lacks the spouse's information. But it would make a positive impression at your interview if you have a jointly-filed tax return, so consider submitting an amendment with your husband's W-7 application for an ITIN.

There is no reason to ask your mom to remove you from her tax return, as she gained a significant advantage by claiming you.

--Ray B

I think I may have gotten myself into a sticky situation. I am a full time student (<$5k income) who is currently about to start the I-864 form for my husband. My mom offered to have my taxes done by a professional along with hers, just like every other year, and without much thought I let them do it. I found out yesterday that my taxes were filed as single (married March 2014) and additionally my mom claimed me as a dependent. At this point I contacted the tax attorney and explained my situation and asked about filing a 1040x amendment which she said I could not do without my husband having a SSN. I obviously have to submit my tax return as part of the I-864 and I'm not sure how to approach the fact that my taxes were filed as single. What is my best course of action? I don't want our application to be denied simply because i made an error in filing my taxes.

additionally my mom claimed me as a dependent which is worrisome since she is going to be a joint sponsor on our visa petition. should I recommend that my mom remove me as an dependent with a 1040x amendment?

any advice would be incredibly appreciated.