Should I have filed taxes as married?

[Ontarkie 13,915]

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[Rocio0010 5,562]

1 minute ago, Ctavarez90 said:

Would you recommend doing your taxes on your own or actually going to a tax office when it comes to this stuff?

For your situation, as of now, I wouldn't do much other than reading information online, especially from the IRS website. Then, once the immigrant moves to the US, gets a SSN, I would look to file an amended tax return. Now, I am nowhere near a tax specialist (meaning take whatever I say with a grain of salt), but I like to do my stuff by myself. I have this tendency to be very nitpicky, and I think no one cares about my stuff as much as I do. So I would personally amend on my own. 

[Chancy 6,233]

9 minutes ago, Ctavarez90 said:

All of this information is so helpful. I had no idea my husband does not need an ITIN number if we file MFS. We will absolutely amend my tax return once his visa is issued and he arrives

 

After your husband gets his SSN, make sure to check if amending your taxes to MFJ (instead of MFS) would be better financially.  It usually is, for those with new immigrant spouses.  If you need help from a tax consultant, best to seek the services of someone with experience in new immigrant tax concerns.

 

[Sarah&Facundo 576]

In addition to what everyone else says, you'd likely owe less tax since you'll have a higher standard deduction claiming married. 

[bondy88 6]

3 hours ago, Rocio0010 said:

In cases such as yours and OPs, the choice is between MFJ or MFS. If you do MFJ, then spouse would need to file for an ITIN. For this, you'd need to paper file. This  is the only way to do it as there is no way to scan (IRS needs originals) of the supporting documents and most online services don't even allow the form W7 or ask for it when you go through their online filing system.

 

 

 

 

35 minutes ago, Ctavarez90 said:

All of this information is so helpful. I had no idea my husband does not need an ITIN number if we file MFS. We will absolutely amend my tax return once his visa is issued and he arrives

filing MFJ and MFS both need an iTIN. And to apply for an itin, you would need the U.S consulate to notarize your spouse's passport and then submit  it with a W7 form along with your tax return to the IRS. MFJ with an itin is not beneficial bcz you wont be getting some credits that people with SSN get. File single now and once your spouse is here and gets their SSN, you can amend and get the most benefits that comes with MFJ.

[Rocio0010 5,562]

2 minutes ago, bondy88 said:

MFS both need an iTIN.

Mmm nope. MFS does not require an ITIN. OP can file as such and write NRA where it asks for an ITIN/ SSN.

 

This debate is getting long for no reason imho. Important points to be made:

- Just because the person is a tax preparer, it does not mean they know much about "international" taxes, or filing taxes when a spouse is not in the US.

- If by December 31st of a certain year you're married, when filing taxes for that year, they should be filed as married. Whether it is joint, separate, or HoH is beyond my scope. 

- If you did file single when you were married, it's more of an IRS concern than a USCIS one. Regardless, it should be amended, but it can wait until spouse is here, and has a SSN.

 

[Chancy 6,233]

12 minutes ago, bondy88 said:

filing MFJ and MFS both need an iTIN.

 

Again, filing MFS does not require spouse's ITIN.  Straight from the IRS -- https://www.irs.gov/publications/p501#en_US_2021_publink1000220767

 

"Select this filing status by checking the “Married filing separately” box on the Filing Status line at the top of Form 1040 or 1040-SR. Enter your spouse's full name in the entry space at the bottom of the Filing Status section and enter your spouse's SSN or ITIN in the space for spouse's SSN on Form 1040 or 1040-SR. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the entry space below the filing status checkboxes. For electronic filing, enter the spouse's name or “NRA” if the spouse doesn't have an SSN or ITIN in the entry space below the filing status checkboxes."

 

[JeanneAdil 6,191]

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

 

read what IRS says 

you must file as married when u r married by end of the year 

only other option is according to IRS (site above) i Head of household

 

If you and your spouse do not choose to treat the nonresident spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident spouse

 

and yes  immigration and IRS are 2 different things but your taxpreparer is wrong

 

 

as for this statement   and not being able to submit my marriage certificate in my state even though we are married.  

when a marriage is legal in the country of marriage,  it is legal for the USA and immigration ; otherwise none of us would be able to do a spouse visa

and we do not register the foreign marriage certificate here in the US in any state / we're just plain married

[JeanneAdil 6,191]

2 hours ago, Ctavarez90 said:

Would you recommend doing your taxes on your own or actually going to a tax office when it comes to this stuff?

Both

when it comes to those who work half the year (say in Canada) and half here,   a good Certified accountant may be needed for the 1st year the person immigrates

 

for others the forms 2555 and W7 may be long but not complicated 

 

i would never use a preparer that said do single when married and jipped me out of half the decuction ($12400 instead of $24800????)

[JeanneAdil 6,191]

1 hour ago, Rocio0010 said:

Mmm nope. MFS does not require an ITIN. OP can file as such and write NRA where it asks for an ITIN/ SSN. MFS is also covered by ITIN 

 If your spouse is neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN)

 

This debate is getting long for no reason imho. Important points to be made:

- Just because the person is a tax preparer, it does not mean they know much about "international" taxes, or filing taxes when a spouse is not in the US.

- If by December 31st of a certain year you're married, when filing taxes for that year, they should be filed as married. Whether it is joint, separate, or HoH is beyond my scope. 

- If you did file single when you were married, it's more of an IRS concern than a USCIS one. Regardless, it should be amended, but it can wait until spouse is here, and has a SSN.

 

 

[retheem 553]

9 hours ago, cvdrpr23 said:

Hi everyone!

 

I feel like such an idiot for asking this question and potentially messing up my husbands documents for this.

 

My husband and I got married in 2021. I am the petitioner (U.S citizen) and he is the beneficiary. He is not from the U.S and has never entered the U.S (doesn’t have a SSN). I was in such a rush this year completing my taxes trying to avoid the penalty that I filed as single instead of one of the married options. I did this b/c he doesn’t have a SSN and I assumed my marriage is not considered “real” as of now to the U.S gov.

 

 

Our CR1 visa application was sent to the NVC and I know i’ll have to submit my taxes. Will this affect us? And if so, what can i do?

 

Thanks in advance!

Lol don't worry, you will not be pinged for filing as single. Tax is an IRS problem, not an immigration problem. Focus on other strong evidence

[Crazy Cat 39,218]

4 hours ago, bondy88 said:

filing MFJ and MFS both need an iTIN.

No, MFS does NOT require an ITIN.  I filed MFS in 2015 and 2016 before my wife received her SSN.  I only needed my spouse's name. 

Edited May 11, 2022 by Crazy Cat

[Bat man 56]

18 minutes ago, Crazy Cat said:

No, MFS does NOT require an ITIN.  I filed MFS in 2015 and 2016 before my wife received her SSN.  I only needed my spouse's name. 

I also did MFS these past 2 tax years this is correct ⭐

[Steve2022 41]

This is fresh in my mind, because I had a conversation yesterday with a friend who recently filed his I-130.  His accountant told him the marriage wasn't "real" until his spouse arrive in the USA.   This is lazy and bad advice.   What I found out is that even if you are married only 1 day, you still have to file as married.  This sucks because if you don't have an ITIN for your spouse, you won't be able to deduct many things because you'll be forced to file "married filing separately" or else apply for an ITIN, which may be a futile move.   You can amend your old returns later, if they're not older than 3 years, after your spouse has an SSN, so you can get your deductions later.  I told my friend what I myself had already learned, and then my friend asked his immigration attorney, who advised that yes, he must file as married.  Why? Because them's the rules.  Our grandparents and great-grandparents voted to allow this when they ratified the 16th amendment.  At that time it only applied to 1% of the population, so they thought it was a good idea.  Also "married" should look better than "single" when the NVC looks at your documents.  Here is a link from H&R Block, a respected tax preparer:   https://www.hrblock.com/expat-tax-preparation/resource-center/filing/status/married-to-non-resident-alien-status/

Pro tip:  if you use fileyourtaxes.com, you'll be able to file as "married filing separately" without having an ITIN or SSN for your wife, and you'll be able to file ELECTRONICALLY.  This is critical because if you print the return and write in NRA in the SSN blank, and mail it in, as TurboTax and FreeTaxUSA.com tell you to do, then you'll be waiting probably 6 months before your return will be processed and you can get a tax transcript.  If you file electronically, you'll have the tax transcript in 21 days.  If you're using an accountant/preparer, be sure that they understand how critical it is that your return be filed electronically.  

[Mike E 11,723]

6 hours ago, ROK2USA said:

I believe  filing MFS and Single result in similar tax benefits.  

If by similar you mean you exactly the same that is not correct. 
 

*  The tax brackets are different (worse) at the higher end incomes for MFS than single. 
 

* The $3000 capital loss deduction is reduced to $1500 for MFS.  
 

* credits like earned income tax credit are not available with MFS. This is where married people lower tax brackets materially benefit from filing single vs MFS.  

 

* Pretax and Roth IRA contributions are more restricted with MFS

 

Married people filing as single are possibly evading tax.  While one can argue this on the LPR or citizen petitioner, one can also argue that in a marriage where there are jointly titled assets, the beneficiary of the immigration petition is also benefiting from the improper tax filing status of the petitioner.