How do I amend my 2018 filing status from single to married

[jfnovella1968]

My husband was waiting for green card and social security card. He did not work the entire year, but we were married, and I was supporting him. He did not get his social security number until after I filed my taxes last in 2018, so I marked single with the intent to correct it when our paperwork was processed.

[DavidD66]

Since you were married in 2018, you should have either filed jointly, or married filing separately.  To amend your 2018 tax return, see the following:

How to amend (change or correct) a return you already filed 

[amanda62]

Hi @DavidD66, I recognize that this chat is (somewhat) old, but I just encountered a similar problem and I need advice from someone knowledgeable (and I'm not sure how to consult with a TurboTax professional by phone). In 2020, I filed Single because my 2020 marriage was abroad, my husband lives abroad (and has never earned any US income), and I got some bad advice from people I thought I could trust who were in similar situations (that your foreign marriage doesn't "count" in the US until it is registered in the US). I have now been told that that is fraudulent and carries penalties of up to $250,000 and three years in jail. (See https://www.sapling.com/7961824/happens-file-single-married.) Yet you recommended a simple amendment from Single to Married Filing Separately. Is it really so simple? On my amendment explanation, can I just say that I accidentally filed Single? And poof, it just goes away? Or do I end up in jail for three years? (If it helps to know, my federal tax due now when I did the amendment electronically - though I haven't filed it yet - is $0. For my state tax, the amendment shows that I need to pay $15 more only. It should be fairly obvious that I did not file Single in order to save money.) But the possible penalty has me very worried! Please share your thoughts and experience.

[SusanY1]

When you amend your return to update your filing status, you will have an opportunity to give an explanation for the reason you are amending your return.  I recommend that you simply state "selected the wrong filing status" or something similar.   The IRS understands that mistakes happen and fraud involves much more than a mistake in your selection based on what you thought was the right way to file at the time.  Your intent matters when the IRS is determining whether or not you committed fraud rather than simply made an error.   It does not sound to me like you have anything to worry about - and the IRS certainly doesn't prosecute people who do the right thing and amend their returns once they discover they've made a mistake.  

So yes, it will just "go away" once you file the amended return reflecting your married status.  

I hope you will sleep better tonight knowing that you don't need to worry about going to jail over your fairly simple mistake.  

Note that in TurboTax you will get an error when you don't have a SSN or ITIN for your spouse, but simply proceed with the error to print your return (or if you are unable to do this enter a dummy number) and then write in "NRA" (for nonresident alien) in the space for your spouse's social security number.  

@amanda62