Filing Taxes as it relates to CR-1

[BeefedRamen 0]

29 minutes ago, S2N said:

...

 

I think the best course would be for you to:

1) file an extension now (will need to be paper if your wife doesn’t have an IRS issued ITIN.)

2) find a CPA with experience in these issues who can walk you through what’s needed and give you the best advice for your situation. It’ll likely be after 4/15 at this point, hence the need for an extension.

Thank you so much, once gain, for all your help!

[spicynujac 79]

On 4/2/2025 at 11:18 PM, BeefedRamen said:

Is it true that filing jointly would be a major green flag for CR1 couples when USCIS reviews our case?

Would I need to wait for my wife to file her taxes in the Philippines before I file mine?

Any tips when filing jointly with a nonresident alien?

Thanks in advance. 😁

No.

No.

1) Please fill out your timeline.

 

Just to add my experience:
2) As you are married, you must file taxes as married, and not single beginning the year you married.  The only choice is married jointly or married separately.  It shouldn't affect your immigration processing as you have ?? probably (timeline) ?? already submitted your tax forms and taxes going forward probably won't be looked at, but marking single is incorrect after you marry.  

 

3) You need a tax number (ITIN) or social security number issued by the IRS.  There is a way to get an ITIN before your wife moves here, but it required a lot of steps and in our case by the time we jumped through all those hoops, my wife was already in the US and received her social security card, and then the ITIN number arrived days later (!!!)  [Again, depending on what your dates are--we can't see them.]

 

4) Best option is to file married separately and then when she arrives in the US revise your tax returns with her new social security number as married jointly, and file for refunds under the lower joint tax rates.

 

5) Each party must file by the due date in their respective country, where required. Order does not matter, though some forms may ask for tax paid to another government tax office. Unless you are doing a foreign exclusion of income this shouldn't matter.

[S2N 345]

1 hour ago, spicynujac said:

3) You need a tax number (ITIN) or social security number issued by the IRS.  There is a way to get an ITIN before your wife moves here, but it required a lot of steps and in our case by the time we jumped through all those hoops, my wife was already in the US and received her social security card, and then the ITIN number arrived days later (!!!)  [Again, depending on what your dates are--we can't see them.]

Current ITIN processing timeline is 2 months. Depends on when you filed your I-130 vs. when you file taxes, but I think you can count on your fingers the people who are in the U.S. before they get an ITIN these days. The paper returns will take longer to process, though, but the actual issuance of an ITIN won’t.

 

1 hour ago, spicynujac said:

4) Best option is to file married separately and then when she arrives in the US revise your tax returns with her new social security number as married jointly, and file for refunds under the lower joint tax rates.

OP has already filed for an ITIN, but it’s almost always beneficial to file MFJ even during the immigration process because in addition to getting more money back sooner, you also open up access to the U.S. banking system for your spouse even if they’re overseas once they have an ITIN.

 

This ability to create a U.S. credit history while waiting on a visa so that you land with one is a huge non-tax reason why the ITIN path is beneficial for most.

 

It also is very strong evidence of a bona fide relationship. It’s financial commingling, which is the gold standard for USCIS. It’s certainly not required in a consular case, but it is good evidence.

 

Like I said, OP has already filed MFJ and applied for an ITIN, but figured it worth responding for anyone else considering it. If someone can get a certified copy of their spouses passport or file at a TAC while the spouse is visiting, it’s almost always worth it. That’s not feasible for everyone, though.