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Tax Filing Concerns as an H-1B Visa Holder

I am an H-1B visa holder and have been living in NYC for approximately 1.5 years. For tax purposes, I am considered a resident alien and am also married. I work as a software engineer and receive a W-2. My wife is not eligible for an SSN, and we do not plan to obtain an ITIN in the near future. She is not working due to her ineligibility for an SSN. Consequently, I filed my tax return as "Single" because TurboTax required an SSN or ITIN for my wife. Is this problematic? I filed with TurboTax PLUS, so I have the option to amend my return. What should I do in this case?

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3 Replies
Vanessa A
Employee Tax Expert

Tax Filing Concerns as an H-1B Visa Holder

Yes, if you are married and chose to file as single instead of married filing separately, you will need to Amend Your Return.  

 

 

File an amended return if there's a change in your filing status, income, deductions, credits, or tax...

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Tax Filing Concerns as an H-1B Visa Holder

The return has already been e-filed. My wife did not work and had no income in 2024, nor does she have a Social Security number. Should I wait for the return to be processed before amending it? When I change the filing status to married filing separately in TurboTax, it requires her SSN, but she is not eligible for one. And it's almost April 15th

CatinaT1
Employee Tax Expert

Tax Filing Concerns as an H-1B Visa Holder

Yes, wait until your original return has been fully processed. You will have to paper file since she doesn't have a ssn.

 

If you want to make changes or add a document to a tax return that has already been filed and accepted by the taxing agency, you should follow these guidelines. 

 

  • You must first wait until the initial return is completely processed.
  • You will have to use the same TurboTax account that you used for the original tax return.
  • Once you begin your amendment, you'll see your original return.
  • The refund calculator will start new at $0 and only reflect the changes in the refund or tax due
  • Only make changes to the areas of your return that need to be corrected.
  • You have three years from the date you filed your return or two years after you paid the tax due (whichever is later) to file an amendment

Select your product below and follow the instructions. 

Amend TurboTax Online 

Amend TurboTax CD/Download 

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