Amend filing status

n3s7or
n3s7or Member Posts: 2 Newcomer
edited 2:41PM in Situation & Life Changes

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.

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Answers

  • n3s7or
    n3s7or Member Posts: 2 Newcomer
    edited 2:42PM

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

  • MatthewD
    MatthewD FreeTaxUSA Team Posts: 656 image
    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.

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