Filing Taxes During CR-1 Process

[devid456 1]

Sorry to butt into this topic @BeefedRamen

@S2N @appleblossom@OldUser
I have the same question as @BeefedRamen as I just got married this year and just started my CR1 process this year.

We are currently trying to update my wife's passport in Nigeria to match the her new married name so that I can file for an ITIN for her. I wanted to use the ITIN to add her to my other financial documents like retirement, life insurance and what not. I have not told my work that I got married this year. 

So my question is this:
(a) Can i still file as single for the 2026 tax forms pending when i can get the ITIN?
(b) Should I file as "Married but Filing Separately" or "Married and Filing Jointly" on my 2026 tax forms?

Thanks for your prompt response.
 

[S2N 608]

24 minutes ago, devid456 said:

Sorry to butt into this topic @BeefedRamen

@S2N @appleblossom@OldUser
I have the same question as @BeefedRamen as I just got married this year and just started my CR1 process this year.

We are currently trying to update my wife's passport in Nigeria to match the her new married name so that I can file for an ITIN for her. I wanted to use the ITIN to add her to my other financial documents like retirement, life insurance and what not. I have not told my work that I got married this year. 

So my question is this:
(a) Can i still file as single for the 2026 tax forms pending when i can get the ITIN?
(b) Should I file as "Married but Filing Separately" or "Married and Filing Jointly" on my 2026 tax forms?

Thanks for your prompt response.
 

1) I would strongly suggest not updating the foreign passport to the new name. You can, but the general consensus here is that legal name changes are a hassle until naturalization. It’d be easiest for her to get her ITIN in her maiden name.

2) The answer is no if you go by the letter of what the IRS wants, but except for extremely specific circumstances it single vs. married filing separately doesn’t have a material impact on taxes so this is largely unenforced. Which is to say many people file single.

3) No one here can give you tax advice. As we’re not in a professional relationship with you and/or aren’t licensed to do so. Married filing jointly is almost guaranteed to be better financially and for a high fraud country like Nigeria would also likely be positive evidence to present. You should consult a CPA with experience in the complicated matter of multi-jurisdiction taxes, foreign tax credit, and non-resident spouses. There’s likely a bunch in major cities near the Canadian border if you’re unsure where to start looking.

[Crazy Cat 45,864]

***Split from existing thread***

[devid456 1]

@S2N

Thanks for your prompt reply. 

(a) We registered her new name on the I-130 form we submitted in May. This was after talking to our lawyer. The lawyer then told us we would need to get a new passport for her in her new name for the next stage (NVC) 
(b) I will take your suggestion and look for CPAs that specialize in this, in Virginia as that is where I live.

Thanks for helping me clear up some of my confusion.