Will it matter if my taxes when filled said "single" VS "married" when applying for CR1?

[Mercedeslorry 0]

Long story short - my husband and I got married in October of 2020. He lives in Pakistan, and has never visited, or lived in the U.S. I am in the process of filling my taxes (I am a U.S citizen) and have been told I can file as single since my husband has never lived here in the U.S with me, and does not have a SSN, or a ITIN number. However, I asked if it was possible to file as married for immigration purposes and I was told I could, but I would have to go through the lengthy process of having my husband get a ITIN number.

 

SO my question is does it really matter if my taxes are filled as single or do i have to go through this process of my husband trying to get a ITIN number (I prefer not to)? 

 

THANK YOU for your help and time.

[JFH 12,189]

You absolutely must file as married if you are married. You can file as “married filing jointly” or “married filing separately”, whichever suits your financial situation better. But you cannot file as single. 

Edited February 13, 2021 by JFH

[Mercedeslorry 0]

@JFH Thank you for your reply! 

 

I thought the same thing - However, my tax agency (turbotax) told me that since we have never physically lived together that I could file as single. He does not have any number to identify him and both filling jointly and filling separately require a SSN. So i'm assuming you would just suggest that we go through the process of getting an ITIN number for him and filling that way? 

[JeanneAdil 6,197]

Once you marry,  you are married

you may file MFJ or MFS or you may qualify for head of household

but why would you not claim him and do the W7 for the extra deduction

his foreign income may be exclude as the following exists

The US and Pakistan have a tax treaty that can offer taxpayers additional benefits. We can help you with all treaty benefits.

 

The following tells you how to include your nonresident alien spouse

 

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

[Crazy Cat 39,227]

14 minutes ago, Mercedeslorry said:

@JFH Thank you for your reply! 

 

I thought the same thing - However, my tax agency (turbotax) told me that since we have never physically lived together that I could file as single. He does not have any number to identify him and both filling jointly and filling separately require a SSN. So i'm assuming you would just suggest that we go through the process of getting an ITIN number for him and filling that way? 

That is incorrect.   Exactly who told you that at Turbotax?   

[JFH 12,189]

20 minutes ago, Mercedeslorry said:

@JFH Thank you for your reply! 

 

I thought the same thing - However, my tax agency (turbotax) told me that since we have never physically lived together that I could file as single. He does not have any number to identify him and both filling jointly and filling separately require a SSN. So i'm assuming you would just suggest that we go through the process of getting an ITIN number for him and filling that way? 

TurboTax told you to lie about your marital status? 

[carmel34 3,531]

1 hour ago, Mercedeslorry said:

He does not have any number to identify him and both filling jointly and filling separately require a SSN. So i'm assuming you would just suggest that we go through the process of getting an ITIN number for him and filling that way? 

If you file as married separately, all you do is write NRA (for non-resident alien) where it asks for his SSN or ITIN.  Simple and done with.  You could then file an amended return later, as married jointly, once he is in the US and has his SSN, to get a higher refund.  That's your easiest solution.  To file as married jointly now, you will need to include a W-7, go through his passport certification, request the ITIN, and can only file a paper tax return.  Good luck whichever way you choose to proceed!

[Crazy Cat 39,227]

If you file "Married-Filing Separately" using "NRA" in the spouse's SSN box, you will have to mail the return to the IRS.  Good luck.

[Nitas_man 3,100]

6 hours ago, Mercedeslorry said:

Long story short - my husband and I got married in October of 2020. He lives in Pakistan, and has never visited, or lived in the U.S. I am in the process of filling my taxes (I am a U.S citizen) and have been told I can file as single since my husband has never lived here in the U.S with me, and does not have a SSN, or a ITIN number. However, I asked if it was possible to file as married for immigration purposes and I was told I could, but I would have to go through the lengthy process of having my husband get a ITIN number.

 

SO my question is does it really matter if my taxes are filled as single or do i have to go through this process of my husband trying to get a ITIN number (I prefer not to)? 

 

THANK YOU for your help and time.

It really matters.  Advice is to MFJ, declare then exclude his income, for max/best tax benefits.

Your other choices are MFS (high tax rates bleh) or if you support a dependent HOH.

My first year I didnt file at all, just waited for her to arrive the following year, waited for the SS card to come in, and my recollection is I sent my return in late August.  Doesnt matter how late you file IF they owe you a refund 👍 but her interview was in Dec of the year we married and approval was on previous year’s returns and current year’s income so the return wasnt needed for the interview.

 

I’d try to get that 1040X in before April 15.  You file jointly and get your spouse treated as “resident for tax purposes” and you’ll earn him 4 of the 40 quarters you need to satisfy the support affidavit. You send in a 2020 return with “single” to that interview and its gonna raise eyebrows you dont need raised.

Edited February 13, 2021 by Nitas_man

[pushbrk 12,109]

"Can you?" and "Is it proper to?" are different questions.  It is not proper to file as single when you are married, but you "can".  Many do.  Your question is clearly related to your immigration process.  I can tell you that I, and MANY others filed as single followed by amended tax returns after spouses arrived and had SS numbers, and in since I started being involved with spouse immigration 16 years ago, I've never seen tax filing status as single have ANY impact on any spouse visa case.  With exception of being an IRS employee, I've never seen a taxpayer penalized for filing using an incorrect status that resulted in equal or HIGHER tax liability.  Make an informed choice as to whether you file properly as MFS or improperly as Single (for now) without worrying about any future impact to your immigration process either way.

[kaylahm23 16]

My CPA at both H and R Block and Turbo Tax told me to file as single, because he doesn't have a SSN and because he did not earn any taxable income for US purposes. H&R also said they will cover me if I get audited. The CPA at Turbo said I don't even have to amend the return once he arrives. 🤷🏽‍♀️

[Crazy Cat 39,227]

20 minutes ago, kaylahm23 said:

My CPA at both H and R Block and Turbo Tax told me to file as single, because he doesn't have a SSN and because he did not earn any taxable income for US purposes. H&R also said they will cover me if I get audited. The CPA at Turbo said I don't even have to amend the return once he arrives. 🤷🏽‍♀️

They are incorrect.  I would love to see their written reference to doing that in IRS regulations.  You are married.  Your are not single, divorced, or legally separated by state law.  You don't fit the definition below as single.  In special circumstances, you might file as Head of House. But not as "single".

https://www.irs.gov/newsroom/correct-filing-status

 

 

Edited February 13, 2021 by Lucky Cat

[Crazy Cat 39,227]

I agree that this is a tax matter.  I don't recall seeing anyone have an issue during immigration for incorrect tax filing status in the past 5 years I have been here on VJ.

 

****I am moving this thread over to Tax and Finances During US Immigration****

Edited February 13, 2021 by Lucky Cat

[kaylahm23 16]

Welp they are certified professionals in this field and can lose their certification if they don't do their job correctly, so I doubt that two people from different companies would lie about the same thing. I am single for tax purposes as my spouse is not here earning. He has to be here for at least 6 months for them to count. Is what I've been told on teo separate occasions. I think I'll listen to people trained in this matter. Thanks though! Just providing my personal experience.😁

[pushbrk 12,109]

Another data point is that one does not need an SS number for the foreign spouse to file MFS, but you must file on paper instead of online.  Somebody can chime in on what you hand write in the SS# field for the spouse before mailing.