So at first i thought my husband filed married but not jointly. He actually filed single this year and its messing up my taxes to finalize as single. How do i fix this?

[phoebed199]

It keeps asking info about him even though i dont need that if im filing single and it wont pass through. Is there a way to restart all over??

[macuser_22]

If you were legally married as of Dec 31, 2020 you CANNOT file single - only Married Filling Jointly, Married Filing Separately or possibly Head of Household if you did not live with your spouse anytime during the last 6 months of 2020 and have a child, step-child or foster child that you can claim as a dependent.

[JotikaT2]

If you are married as of December 31st, you can only file as either Married Filing Jointly or Married Filing Separately (or Head of Household if there is a dependent involved).  You cannot file using the single filing status.

Can a married person claim Head of Household filing status?

What is my tax filing status (single, married, etc.)?

Your husband will need to amend his return to update his filing status.  Depending upon how he files, you can either be added to his amended return and file as married filing jointly in the amended return, or file your return separately if his amended return is done filing separately.

Please see the link below for assistance on amending his return.

Steps for amending a tax return

[phoebed199]

Ok so some how he filed his we got married in october of 2020 and his tax rep in jersey filed him single and now whenever i enter my stuff in married and separate or single it won't go through idk what to do now. How do i file? 

[npierson7]

You won't be able to e-file your taxes and need to print and mail it to the IRS in any case. If you choose Married Filig Separately filing status, your husband will have to amend his return. I your choose Married Filing Jointly, it will be amended return, because you will need to include there information from his return that he filed already plus your information.  

[amanda62]

Hi @JotikaT2, 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 filing an 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.

[Critter-3]

On my amendment explanation, can I just say that I accidentally filed Single?    Yep ... just that simple. File the fed & state as required.  You have 3 years to voluntarily fix the error ... no jail time will be imposed.