File married or unmarried on 2018 taxes? (spousal visa)

[naz94 88]

I got married to my foreign husband (beneficiary) in August of 2018. I started the IR/CR1 visa application in October 2018. I’m starting the process of filing my taxes of 2018 and was wondering if I should still be filing unmarried or married? I don’t want to file wrong and have the immigration officers think we aren’t actually married and what not. Any insight will be great. ☺️

Edited January 29, 2019 by naz94

[CM&KV 72]

As of December 31st 2018 you were married. You can do it as married and filing jointly or separately. I have done mine last 2 years as separately, even though my spouse has a SSN, but we don't want to include his foreign earned income yet. Keep in mind the interviewing officer will see these and it will raise a red flag why you filed as unmarried when you have proof of being married.    In the end you would have to amend 2018. 

[Thegirl 225]

You can file married separately. Also they don't care how you file really. IRS are the only ones concerned. My husband filed as single when we were in your position. Why doesn't the IRS care? Because he paid more taxes filing as single and people are allowed to amend taxes for a few years after it's been filed and again the embassy isn't concerned with this as they would be aware of this situation that most persons will find themselves in. My husband can amend his taxes in the future as well. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.

[geowrian 22,337]

On 1/30/2019 at 12:35 AM, Keas said:

Why doesn't the IRS care? Because he paid more taxes filing as single

Possibly. There are certain deductions and credits you can claim as single that do not apply to MFS, so it is possible to have a lower tax liability by incorrectly filing as single. If this were to happen for somebody, it would then be resolved when taxes are amended...although with interest and fees attached.

[cyclone27 710]

Married is married - so file married is the only option separate or joint.

[junkmart 320]

On 1/29/2019 at 11:35 PM, Keas said:

You can file married separately. Also they don't care how you file really. IRS are the only ones concerned. My husband filed as single when we were in your position. Why doesn't the IRS care? Because he paid more taxes filing as single and people are allowed to amend taxes for a few years after it's been filed and again the embassy isn't concerned with this as they would be aware of this situation that most persons will find themselves in. My husband can amend his taxes in the future as well. 

I have to disagree with you. You can't file single when you are married. You must file MFJ or MFS. And USCIS does care how you filed. If you are filing for marriage based AOS, the USCIS wants to see MFS or MFJ tax returns as evidence of bone fide marriage.

[Thegirl 225]

On 2/4/2019 at 10:42 AM, junkmart said:

I have to disagree with you. You can't file single when you are married. You must file MFJ or MFS. And USCIS does care how you filed. If you are filing for marriage based AOS, the USCIS wants to see MFS or MFJ tax returns as evidence of bone fide marriage.

Pretty sure you can. But filing married separately is the better. 

[geowrian 22,337]

7 minutes ago, Keas said:

Pretty sure you can. But filing married separately is the better. 

Pretty sure you can file as single when married...? 😕

[junkmart 320]

2 minutes ago, Keas said:

Pretty sure you can. But filing married separately is the better. 

So wait what? You’re saying that one can file as single even when one is married? Please provide your source, because that is news to me. I stand by what I previously said.

[Thegirl 225]

9 minutes ago, junkmart said:

So wait what? You’re saying that one can file as single even when one is married? Please provide your source, because that is news to me. I stand by what I previously said.

There's obviously no official IRS source that will tell you that you can. Point is during immigration process specifically this comes up a lot. My husband was advised to file single and amend later by the CPA. And that's exactly what we did with no issues from either the IRS nor the embassy. Like I said. Filing married separately is the " correct" thing to do. 

[geowrian 22,337]

1 minute ago, Keas said:

My husband was advised to file single and amend later by the CPA. And that's exactly what we did with no issues from either the IRS nor the embassy.

The CPA advised him to file improperly on purpose? They can get in major trouble for doing so.

It typically won't matter to the IRS as long as you amend before they catch it and did not claim any benefits that you were not entitled (some deductions and credits apply to Single and MFJ but not MFS).

The embassy won't care, true.

[junkmart 320]

1 hour ago, Keas said:

There's obviously no official IRS source that will tell you that you can. Point is during immigration process specifically this comes up a lot. My husband was advised to file single and amend later by the CPA. And that's exactly what we did with no issues from either the IRS nor the embassy. Like I said. Filing married separately is the " correct" thing to do. 

Thank you for clarifying. It sounded like you were saying that filing single while married was acceptable to the IRS.