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busyybeee

Changing marital status in W2 form..

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Hello everyone,

I am a US citizen and got married this year in my home country, my spouse is still there and I haven't filed for anything yet.  I did not inform my workplace of my marriage yet. My question is do I have to change the status in my W2 form saying I am married now, because I will have to submit financial documents when I file for I-130 and other forms. Or it doesn't matter? Thanks!

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Inform your job of your marriage, and maybe meet with someone from finances/payroll from your job (if your job has that department) as they are the ones in charge of your paycheck and how much is withheld and likely are the ones with your W4. When I was at my last job, when I got married all I did was inform HR and hand them my marriage certificate and they took care of the rest. Not sure what is needed for your company. Financial documents are not sent with the I-130, financial information comes later, at the NVC stage (around 8-12 months after filing the I-130 petition). Keep in mind when 2019 tax season comes around you will also have to file your taxes as either married filing separately or married filing jointly, regardless of whether your spouse will be in the US at that time or not. Legally you will not be able to file as single

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18 minutes ago, busyybeee said:

Hello everyone,

I am a US citizen and got married this year in my home country, my spouse is still there and I haven't filed for anything yet.  I did not inform my workplace of my marriage yet. My question is do I have to change the status in my W2 form saying I am married now, because I will have to submit financial documents when I file for I-130 and other forms. Or it doesn't matter? Thanks!

Do you mean for the W-4?  You can change that anytime.  The only implication is the amount of withholding. Even if your W-4 is not updated, your filing status will be MFJ or MFS.

Edited by Jorgedig
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6 hours ago, busyybeee said:

Hello everyone,

I am a US citizen and got married this year in my home country, my spouse is still there and I haven't filed for anything yet.  I did not inform my workplace of my marriage yet. My question is do I have to change the status in my W2 form saying I am married now, because I will have to submit financial documents when I file for I-130 and other forms. Or it doesn't matter? Thanks!

 

You  would complete a W-4 .. IF..  you want to update your withholding for income taxes.  There is no requirement to do this. 

 

Filing your taxes is where you would update your marital status.   

 

W-2 is what your employer issues to you for income tax purposes.

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My W-4 status is single still, but I've been filing jointly with my wife for the past couple years. I prefer to have them withhold based on those income levels to avoid owing taxes due to our tax situation.

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3 hours ago, geowrian said:

My W-4 status is single still, but I've been filing jointly with my wife for the past couple years. I prefer to have them withhold based on those income levels to avoid owing taxes due to our tax situation.

Being married, you have the option of filing MFJ or MFS. If you file MFS this is exactly the same as 'single'. MFS is 'married but withholding at the higher single rate'. This would be the option for your needs as described. 

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Just now, Tesco said:

Being married, you have the option of filing MFJ or MFS. If you file MFS this is exactly the same as 'single'. MFS is 'married but withholding at the higher single rate'. This would be the option for your needs as described. 

MFS is not exactly the same as "single."  MFS has a compressed tax rate.  MFS means owing more taxes than filing single.  

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9 minutes ago, aaron2020 said:

MFS is not exactly the same as "single."  MFS has a compressed tax rate.  MFS means owing more taxes than filing single.  

Not sure what 'compressed tax rate' means. MFS and 'Single' share the same marginal rates and thresholds, hence exactly the same:

Single Filers and
Married Filing Separately
Married Filing Jointly Tax Rate
$0 – $9,525 $0 – $19,050 10.0%
$9,526 – $38,700 $19,051 – $77,400 12.0%
$38,701 – $82,500 $77,401 – $165,000 22.0%
Edited by Tesco
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27 minutes ago, aaron2020 said:

MFS disallows lots of tax breaks that are available to single and MFJ.  So MSF is not the same as single.  

There are some breaks that you loose such as the tax free exclusion of U.S. bond interest and some child tax credits to name a few. The OP wanted to pay too much tax via employer withholding, so filing MFS is the correct outcome. The topic was discussing withholding, not credits, so chalk and cheese. Ultimately he/she will reconcile at tax time based on worldwide income and then make the determination that best suits their needs. Filing a 1116, or if within the 5 year rule a 2555, will be an inclusive in estimating liability.  To confirm, MFS and 'single' share the exact same marginal rates and thresholds...

Edited by Tesco
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