Married filing single taxes while waiting for I-130 processing

[claro 0]

My fiance and I will be getting married next month and submitting an I-130. We are anticipating that we will have to file a hardship waiver since he entered previously without inspection. He is now back in Nicarague. My question is about how to file my US taxes during the time that we are married but his Visa application is not approved. This could be for 10 years if the waiver is needed and not approved. I assume I'll have to file Married-filing-single and he will be unable to file so we lose the marriage tax benefit? I was told by my tax advisor that if I file Married-filing-single and my spouse does not file that I will lose some of my tax refund every year that we have to do this. Please advise if you know about this topic and thank-you very much.

[justashooter 430]

you can file married jointly, but will have to reconcile his earned income.

if you report it you can pay US tax on it, or it can be realised by reciprocal agreement as having been taxed in his country.

[claro 0]

you can file married jointly, but will have to reconcile his earned income.

if you report it you can pay US tax on it, or it can be realised by reciprocal agreement as having been taxed in his country.

Thank-you! But how do I file if he doesn't have a SS number. If we are married and have a denied I-130 and waiver and just waiting out the 10 years what do we use for ID number when I file my US taxes. Thanks again.

[claro 0]

Thank-you! But how do I file if he doesn't have a SS number. If we are married and have a denied I-130 and waiver and just waiting out the 10 years what do we use for ID number when I file my US taxes. Thanks again.

I also found a very good explaination here: http://www.visajourney.com/forums/index.php?showtopic=235947