Taxes for 2019 - what's better? Married filing jointly or married filing separately?

[cdngirl3 7]

Hi, just wondering, for those who went through the CR-1/IR-1 visa process - is it better to file as married filing jointly or married filing separately? Does either one help or hinder the success of your visa application? (We are currently waiting for USCIS to approve our I-130 and living in different countries, but wondering how to file taxes for 2019.)

Edited March 27, 2020 by cdngirl3
clarify subject line

[Ryan H 3,791]

1 minute ago, cdngirl3 said:

Does either one help or hinder the success of your visa application?

 

Makes no difference.

[payxibka 10,044]

12 minutes ago, cdngirl3 said:

Hi, just wondering, for those who went through the CR-1/IR-1 visa process - is it better to file as married filing jointly or married filing separately? Does either one help or hinder the success of your visa application? (We are currently waiting for USCIS to approve our I-130 and living in different countries, but wondering how to file taxes for 2019.)

 

Does the foreign spouse have an SSN or ITIN?

[geowrian 22,335]

No impact on the visa process.

MFJ is usually a lower tax liability, although run both to be sure for your circumstances.

[cdngirl3 7]

I do not have an SSN or ITIN. 

 

Additionally, the instructions for applying for the ITIN (the W-7) say both this:

 

"What’s New: ITINs for spouses and dependents who reside outside of the United States. Spouses and dependents residing outside of the United States shouldn’t apply for, or renew, an individual taxpayer identification number (ITIN) unless they qualify for an allowable tax benefit."

 

AND this:

 

"Use Form W-7 for the following purposes...A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. federal tax return with a spouse who is a U.S. citizen or resident alien. See Pub. 519, U.S. Tax Guide for Aliens."

 

So I'm not even sure if I could get an ITIN or not?

 

[ViktorS 11]

On 3/26/2020 at 8:55 PM, cdngirl3 said:

I do not have an SSN or ITIN. 

 

Additionally, the instructions for applying for the ITIN (the W-7) say both this:

 

"What’s New: ITINs for spouses and dependents who reside outside of the United States. Spouses and dependents residing outside of the United States shouldn’t apply for, or renew, an individual taxpayer identification number (ITIN) unless they qualify for an allowable tax benefit."

 

AND this:

 

"Use Form W-7 for the following purposes...A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. federal tax return with a spouse who is a U.S. citizen or resident alien. See Pub. 519, U.S. Tax Guide for Aliens."

 

So I'm not even sure if I could get an ITIN or not?

 

You could get ITIN: https://www.hrblock.com/tax-center/filing/personal-tax-planning/tax-help-for-us-citizen-married-to-non-resident/ 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

The relevant search will be "treating non-resident alien spouse as resident" 

As far as I understood you need to mail to IRS:

• W7
• Your passport
• Declaration that you and your spouse what to treat you as a resident alien
• 1040 with "W7 attached, applied for ITIN" in place of yours SSN
• The documents you regularly need to file with 1040 (W2s, etc)

 

Edited April 1, 2020 by ViktorS

[Mintosman 11]

49 minutes ago, ViktorS said:

You could get ITIN: https://www.hrblock.com/tax-center/filing/personal-tax-planning/tax-help-for-us-citizen-married-to-non-resident/ 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

The relevant search will be "treating non-resident alien spouse as resident" 

As far as I understood you need to mail to IRS:

• W7
• Your passport
• Declaration that you and your spouse what to treat you as a resident alien
• 1040 with "W7 attached, applied for ITIN" in place of yours SSN
• The documents you regularly need to file with 1040 (W2s, etc)

 

This 👆 is exactly what my tax professional is having me do.

[cdngirl3 7]

Thanks! Yeah, I did discover since posting that I technically could get an ITIN. However, an accountant told me that the IRS is currently not opening any letter mail at all, and filing for an ITIN must be done by paper, so on top of the normal 6-8weeks for ITIN processing who knows how long it'd be before I'd actually get an ITIN. That combined with the fact that I would need a certified copy of my passport which could be difficult to get with all the coronavirus closures here, has led me to think filing married separately for now might be best (this can be done electronically). Probably not what we would have chosen if circumstances were "normal," but the fact is right now life is anything but "normal."

[Crazy Cat 39,288]

4 minutes ago, cdngirl3 said:

However, an accountant told me that the IRS is currently not opening any letter mail at all,

🤣.......I would love to see a reference for that........🤣  I promise you that any tax return mailed to the IRS will be opened......

Edited April 1, 2020 by Lucky Cat

[cdngirl3 7]

20 hours ago, Lucky Cat said:

🤣.......I would love to see a reference for that........🤣  I promise you that any tax return mailed to the IRS will be opened......

The accountant was a certifying acceptance agent authorized by the IRS, not just some random accountant. He did say that if/when the IRS started opening their letter mail again they would likely follow the same protocol his office is right now, which is not opening letter mail for three days after it arrived.

[Boring Life 20]

On 4/1/2020 at 1:57 PM, cdngirl3 said:

Thanks! Yeah, I did discover since posting that I technically could get an ITIN. However, an accountant told me that the IRS is currently not opening any letter mail at all, and filing for an ITIN must be done by paper, so on top of the normal 6-8weeks for ITIN processing who knows how long it'd be before I'd actually get an ITIN. That combined with the fact that I would need a certified copy of my passport which could be difficult to get with all the coronavirus closures here, has led me to think filing married separately for now might be best (this can be done electronically). Probably not what we would have chosen if circumstances were "normal," but the fact is right now life is anything but "normal."

I am same situation like yours. You said  filing married separately can be done electronically. But, i dont think you can efile with your situation. My CPA told me if you dont have SSN or ITIN and you are filing as married separatley then it must be mail not efile. Whats your say on this?

[LilyJ 1,258]

11 hours ago, cdngirl3 said:

The accountant was a certifying acceptance agent authorized by the IRS, not just some random accountant. He did say that if/when the IRS started opening their letter mail again they would likely follow the same protocol his office is right now, which is not opening letter mail for three days after it arrived.

Well.. either way something's gotta be mailed. Either the application for an ITIN, or the petitioner's taxes, because if you do MFS, it's gotta be mailed (with NRA written on the space for your (spouse's) SSN usually goes), since you can't e-file without the foreign spouse having an SSN or ITIN

[dothehustle 27]

On 4/1/2020 at 3:32 PM, ViktorS said:

As far as I understood you need to mail to IRS:

• W7
• Your passport
• Declaration that you and your spouse what to treat you as a resident alien
• 1040 with "W7 attached, applied for ITIN" in place of yours SSN
• The documents you regularly need to file with 1040 (W2s, etc)

 

A certified copy of the passport (by the issuing agency) is also OK.

[Crazy Cat 39,288]

On 4/2/2020 at 9:31 PM, LilyJ said:

Well.. either way something's gotta be mailed. Either the application for an ITIN, or the petitioner's taxes, because if you do MFS, it's gotta be mailed (with NRA written on the space for your (spouse's) SSN usually goes), since you can't e-file without the foreign spouse having an SSN or ITIN

Correct.   I have not seen anything official which states the IRS is refusing to open ANY mail......it just doesn't make sense in my simple mind.