Amend filing status

Question

I am married (my wife lives overseas and has never been to the U.S.) and I filed as single for the last two years (2023 and 2024) because I was instructed to do so by an H&R Block associate when I first filed as a resident alien.

At the time, I didn’t know any better. After doing some research, I found out that I could apply for an ITIN for my wife and file as married filing jointly, which would provide a better deduction.

I would like to know:

* Are there any penalties if I file amended returns for those years?
* Does it matter if my wife is in an embargoed country?
* Do you have any other recommendations or advice on this matter?
* Do I qualify as  a married for tax purposes?

Thank you for your help.

MatthewD · Answer

Hi,

If you are married, then you qualify to file as Married.  However, when your spouse does not have an ITIN, you cannot file a married filing joint return using our service. You'll need to get an ITIN for your spouse first.  Then you will be able to file an amended return and file a married filing joint return for the years you filed as Single.

ns3o7r · Answer

Forgot to mention: Do I qualify as  a married person for tax purposes?