Is there any tax advantage/disadvantage of marriage/CR1 for spouse abroad?

[VirginiaYasin 0]

Hello dear community, I'm currently in progress of submitting CR1 application for my wife abroad. I am the US citizen.

 

• I'm curious if there is any tips/recommendations for getting tax benefits during next 2023 tax session?
• Is it a myth that we can get more return because we will be married?
• My wife is not in the US, can I still change my status to married with IRS? do they need US marriage certificate?
• my wife currently doesn't work and has no income, is this an advantage or disadvantage for my taxes?
• If she works and gets paid, do/how i show her income in my tax returns?

 

I'm sorry if I asked too many questions but if you can reply, it can be helpful for other people.

 

If anyone has experience/knowledge and can share, I will appreciate. Thank you

[powerpuff 5,907]

~~ Topic moved from CR1/IR1 spousal visa forum to Tax & finances during US Immigration as the question is more about that rather than the spousal visa process itself ~~

[manyfudge 267]

36 minutes ago, VirginiaYasin said:

• Is it a myth that we can get more return because we will be married?
•  

Not a myth.  Can do married filing jointly.

Get a bigger deduction, basically.

[Crazy Cat 39,284]

1 hour ago, VirginiaYasin said:

Hello dear community, I'm currently in progress of submitting CR1 application for my wife abroad. I am the US citizen.

 

• I'm curious if there is any tips/recommendations for getting tax benefits during next 2023 tax session?
• Is it a myth that we can get more return because we will be married?
• My wife is not in the US, can I still change my status to married with IRS? do they need US marriage certificate?
• my wife currently doesn't work and has no income, is this an advantage or disadvantage for my taxes?
• If she works and gets paid, do/how i show her income in my tax returns?

 

I'm sorry if I asked too many questions but if you can reply, it can be helpful for other people.

 

If anyone has experience/knowledge and can share, I will appreciate. Thank you

After marriage, you cannot legally file as single.  Depending on your circumstances, you would file as "Married Filing Jointly", "Married Filing Separately", or "Head Of House Hold".  If filing jointly, you must show both you and spouse's world-wide income.   If filing jointly, foreign spouse must have either a SSN or ITIN.   For a foreign spouse, you simply list the income.  Be aware that there are certain exclusions for some foreign income.  There is also FBAR requirements to consider in some cases.  For those reasons, I suggest consulting a well-qualified tax advisor...especially the first year after the foreign spouse enters the US.

Good luck. 

[Just Paul 4,591]

There are no benefits of taxes in filing for a CR-1.  The "advantage" may apply once you are married and you can file jointly.  As previously mentioned the spouse would need a ITIN.

[VirginiaYasin 0]

10 hours ago, Paul & Mary said:

There are no benefits of taxes in filing for a CR-1.  The "advantage" may apply once you are married and you can file jointly.  As previously mentioned the spouse would need a ITIN.

thanks, i was meaning "getting married and filing as married" when i said filing for a cr1(you need to be married to file cr1)

so my wife is abroad and she has no social security number or ITIN. does that mean, i don't really get any benefit?

sorry i'm confused and not familiar with tax area.

 

my short question is, what do i need to do to get any tax benefit with foreign wife, who lives abroad and has no social security number or ITIN?

[Crazy Cat 39,284]

3 minutes ago, VirginiaYasin said:

thanks, i was meaning "getting married and filing as married" when i said filing for a cr1(you need to be married to file cr1)

so my wife is abroad and she has no social security number or ITIN. does that mean, i don't really get any benefit?

sorry i'm confused and not familiar with tax area.

 

my short question is, what do i need to do to get any tax benefit with foreign wife, who lives abroad and has no social security number or ITIN?

 File as "Married Filing Separately" until your spouse has a SSN.  Then amend your taxes after the fact.   You might call it a delayed benefit.

Edited July 15, 2023 by Crazy Cat

[VirginiaYasin 0]

10 minutes ago, Crazy Cat said:

 File as "Married Filing Separately" until your spouse has a SSN.  Then amend your taxes after the fact.   You might call it a delayed benefit.

oh i see, thank you. 

so there is no really "big" benefit until spouse has SSN and amend the taxes after she arrives to usa. 

[Crazy Cat 39,284]

1 minute ago, VirginiaYasin said:

oh i see, thank you. 

so there is no really "big" benefit until spouse has SSN and amend the taxes after she arrives to usa. 

You can't file a joint return until spouse has either a SSN or ITIN.   You can amend from "MFS" to a joint return later.

[VirginiaYasin 0]

1 minute ago, Crazy Cat said:

You can't file a joint return until spouse has either a SSN or ITIN.   You can amend from "MFS" to a joint return later.

i see. thanks again. if i file "Married Filing Separately" and he is in her country( no ssn), does that help my taxes at all? do i get a bigger refund BEFORE ammending the taxes?

[Crazy Cat 39,284]

Just now, VirginiaYasin said:

i see. thanks again. if i file "Married Filing Separately" and he is in her country( no ssn), does that help my taxes at all? do i get a bigger refund BEFORE ammending the taxes?

No.

[carmel34 3,531]

Once married, you can either file US tax return as "married separately" by writing "NRA" (non-resident alien) in the SSN, or "married jointly" with a completed W-7 (application for ITIN) which is a bit complicated but has the advantage that you get the tax benefit immediately without having to wait to file an amended tax return in future years.  Those are the two options.

[JeanneAdil 6,203]

there certainly is

 

Standard deduction increase: The standard deduction for 2023 (which'll be useful when you file in 2024) increases to $13,850 for single filers and $27,700 for married couples filing jointly. Tax brackets increase: The income tax brackets will also increase in 2023.

that's and extra $13,850 u don't pay taxes on

 

you follow IRS site for getting the ITIN

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