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Which Tax Filing Status should we use?

By Danmuji in Tax & Finances During US Immigration

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Danmuji Explorer

Danmuji   14

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
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Posted

Hello,

 

My wife was approved for CR1 in October 2021 and entered US in Feb/2022 and became a permanent resident.

 

We were married back in 2019.

 

Could we file tax as married filing jointly for 2021?

 

Thank you.

RoC Timeline:

  1. 12/01/2023 - Application sent to Tempe, AZ lockbox
  2. 12/06/2023 - Application received by USCIS
  3. 12/12/2023 - Check cashed by USCIS
  4. 12/22/2023 - I-797C notice recieved giving access to 48 months extension letter online.
Ayrton Proficient

Ayrton   965

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted (edited)
18 minutes ago, Danmuji said:

Hello,

 

My wife was approved for CR1 in October 2021 and entered US in Feb/2022 and became a permanent resident.

 

We were married back in 2019.

 

Could we file tax as married filing jointly for 2021?

 

Thank you.

You could've filed since 2019, by sending an ITIN application with the return and electing to treat her as a resident for tax purposes. If you filed as single, you should amend your returns to either MFS or MFJ.

 

When she receives her SSC, file taxes by paper because you will have to send a statement electing to treat her as a resident alien for the whole year. Her worldwide income must be reported but can be excluded with form 2555.

Edited by Ayrton
Danmuji Explorer

Danmuji   14

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
 Timeline
  • Author
Posted
3 minutes ago, Ayrton said:

You could've filed since 2019. 

Thank you for your answer. 

 

Just to confirm, we could have filed in 2019 after applying for ITIN right? 

 

Since she just entered the states, we are waiting for her SSN. 

RoC Timeline:

  1. 12/01/2023 - Application sent to Tempe, AZ lockbox
  2. 12/06/2023 - Application received by USCIS
  3. 12/12/2023 - Check cashed by USCIS
  4. 12/22/2023 - I-797C notice recieved giving access to 48 months extension letter online.
Ayrton Proficient

Ayrton   965

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted (edited)
1 minute ago, Danmuji said:

Thank you for your answer. 

 

Just to confirm, we could have filed in 2019 after applying for ITIN right? 

 

Since she just entered the states, we are waiting for her SSN. 

Just edited my reply.

Edited by Ayrton
Danmuji Explorer

Danmuji   14

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
 Timeline
  • Author
Posted
20 minutes ago, Ayrton said:

You could've filed since 2019, by sending an ITIN application with the return and electing to treat her as a resident for tax purposes. If you filed as single, you should amend your returns to either MFS or MFJ.

 

When she receives her SSC, file taxes by paper because you will have to send a statement electing to treat her as a resident alien for the whole year. Her worldwide income must be reported but can be excluded with form 2555.

Is it not advisable to start filing MFJ starting this year(2022), the same year she will get her SSN? She had no income from her country of origin, Korea in 2021.

RoC Timeline:

  1. 12/01/2023 - Application sent to Tempe, AZ lockbox
  2. 12/06/2023 - Application received by USCIS
  3. 12/12/2023 - Check cashed by USCIS
  4. 12/22/2023 - I-797C notice recieved giving access to 48 months extension letter online.
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Agreed to above. Wait till your wife gets SSN. 
2021 - File jointly

2020- Amend to Joint filing

2019 - Amend to joint filing

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Ayrton Proficient

Ayrton   965

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted
3 minutes ago, Danmuji said:

Is it not advisable to start filing MFJ starting this year(2022), the same year she will get her SSN? She had no income from her country of origin, Korea in 2021.

That's exactly what you should do. You will get double the standard deduction for just your income.

Danmuji Explorer

Danmuji   14

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
 Timeline
  • Author
Posted
1 minute ago, Ayrton said:

That's exactly what you should do. You will get double the standard deduction for just your income.

"Exactly what you should do" as in it is advisable to file file Jointly for 2021 tax year?

 

Thank you.

RoC Timeline:

  1. 12/01/2023 - Application sent to Tempe, AZ lockbox
  2. 12/06/2023 - Application received by USCIS
  3. 12/12/2023 - Check cashed by USCIS
  4. 12/22/2023 - I-797C notice recieved giving access to 48 months extension letter online.
Ayrton Proficient

Ayrton   965

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted
Just now, Danmuji said:

"Exactly what you should do" as in it is advisable to file file Jointly for 2021 tax year?

 

Thank you.

Yes. You should file jointly. But you must send a statement electing to treat her as a resident alien for the year of 2021.

 
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