Yet Another Tax Dummy!

[Garrett 0]

We have a pending I-130 case for my wife (Canadian) to bring her here. She of course still lives and works in Canada but we were married last tax season. Should we/Do we legally need to file as MFS or MFJ? I would like to take advantage of the additional exemptions but if I understand what's been posted here courtesy of others, then it's a whole lot of additional paperwork. Not having completed the CR-1 process, she has neither an ITIN nor SSN as of yet.

Of course we want to keep things above board, so I ask you, VJ members, for your advice. We'd like to figure out what our obligations are in this situation so that we can file accordingly. Considering in the eyes of USCIS she isn't a "relative" yet, I'm not sure we can even file married. I may end up going to an accountant, but aside from this small detail, both of our taxes are very straightforward. Thanks!

[mjeudy 0]

We have a pending I-130 case for my wife (Canadian) to bring her here. She of course still lives and works in Canada but we were married last tax season. Should we/Do we legally need to file as MFS or MFJ? I would like to take advantage of the additional exemptions but if I understand what's been posted here courtesy of others, then it's a whole lot of additional paperwork. Not having completed the CR-1 process, she has neither an ITIN nor SSN as of yet.

Of course we want to keep things above board, so I ask you, VJ members, for your advice. We'd like to figure out what our obligations are in this situation so that we can file accordingly. Considering in the eyes of USCIS she isn't a "relative" yet, I'm not sure we can even file married. I may end up going to an accountant, but aside from this small detail, both of our taxes are very straightforward. Thanks!

You need to file for yourself cause she doesn't have SSN yet it not a problem if you file by yourself cause am married with two kids my husband always file tax seperate and i did have my SSN USCIS does not focuse on that..

Edited January 19, 2011 by mjeudy

[Canadiandggal 49]

We have a pending I-130 case for my wife (Canadian) to bring her here. She of course still lives and works in Canada but we were married last tax season. Should we/Do we legally need to file as MFS or MFJ? I would like to take advantage of the additional exemptions but if I understand what's been posted here courtesy of others, then it's a whole lot of additional paperwork. Not having completed the CR-1 process, she has neither an ITIN nor SSN as of yet.

Of course we want to keep things above board, so I ask you, VJ members, for your advice. We'd like to figure out what our obligations are in this situation so that we can file accordingly. Considering in the eyes of USCIS she isn't a "relative" yet, I'm not sure we can even file married. I may end up going to an accountant, but aside from this small detail, both of our taxes are very straightforward. Thanks!

You can file either way.. Some people file Married filing seperate and then amend it later on, while others such as my husband filed married filing Jointly However I was In the States visiting when he did his taxes so it was easy to go to The IRS building to hand in the taxes,the w-7 form (for the ITIN) and a copy of my foreign passport (If you bring it to the IRS there is no need for notarized).

Its really up to you.

[Garrett 0]

I suppose I should rephrase the question. I know that MFS or MFJ is not really a problem either way, but what I'm trying to figure out is IF we should/need to file married at all, considering the circumstances!

[Danu 19]

I believe so, as you are married. Just because USCIS hasn't yet given you a visa yet doesn't make you not married in the eyes of the government.

[CanAmBride 5]

I would DEFINITELY consult a tax professional. Every circumstance is different, and you don't want to get on the IRS's bad side!

I know in our situation, my husband lived and worked in Canada until he made his POE in December. Our accountant told us to have him file his Canadian income taxes as usual, and then our accountant can use the taxes he paid as a write-off on our taxes because of the Foreign Income Tax Exclusion. It's going to end up saving us thousands of dollars.

[Canadiandggal 49]

I suppose I should rephrase the question. I know that MFS or MFJ is not really a problem either way, but what I'm trying to figure out is IF we should/need to file married at all, considering the circumstances!

pretty sure you have to file married as you are married, I mean your not single and they don't have a "your significant other is patiently waiting for the us embassy to give her a damn visa" filing status So I would think you would file married.. I would call H&R block, they will answer your question right over the phone in most cases.

Edited January 19, 2011 by Canadiandggal

[OBX 51]

^^ Agree. If you are married you need to file as married. Whether you file separately or jointly depends on your situation. It may be wise to figure it out both ways and see which works best for your particular income level.

[Garrett 0]

pretty sure you have to file married as you are married, I mean your not single and they don't have a "your significant other is patiently waiting for the us embassy to give her a damn visa" filing status So I would think you would file married.. I would call H&R block, they will answer your question right over the phone in most cases.

^^ Agree. If you are married you need to file as married. Whether you file separately or jointly depends on your situation. It may be wise to figure it out both ways and see which works best for your particular income level.

Thanks for sharing. My thought process was:

Since the I-130 is an application for the "government" (USICS) to actually recognize my wife as a family member, and since that hasn't been approved yet, we're not considered a "family" in their eyes and then quite possibly not for tax purposes either.

Combined my wife and I don't make enough to be above the foreign tax exclusion limit and considering my tax liability is low to begin with, I'm really not interested in shelling out a couple hundred for an accountant to tell me what I already know or could find out easily online. Especially so considering I don't forsee much in the form of tax savings coming from the increased range limits considering my current bracket and income level.

I'm in the process now of trying to find an accountant in the area that is familiar with scenarios such as mine but it isn't easy.

[Darnell 8,478]

she would be classified as a nonresident alien for tax purposes with the IRS (as of today, 19 JAN 2010 17:41 CST)

and

IF you'd like to file married filing jointly -

she's gonna need an ITIN, and yer gonna paper file all to the special address in Austin Texas.

Good Luck !

[OBX 51]

Thanks for sharing. My thought process was:

Since the I-130 is an application for the "government" (USICS) to actually recognize my wife as a family member, and since that hasn't been approved yet, we're not considered a "family" in their eyes and then quite possibly not for tax purposes either.

Combined my wife and I don't make enough to be above the foreign tax exclusion limit and considering my tax liability is low to begin with, I'm really not interested in shelling out a couple hundred for an accountant to tell me what I already know or could find out easily online. Especially so considering I don't forsee much in the form of tax savings coming from the increased range limits considering my current bracket and income level.

I'm in the process now of trying to find an accountant in the area that is familiar with scenarios such as mine but it isn't easy.

I follow your reasoning but while you may not be a "family' as far as USCIS is concerned you are legally married and that is what the IRS will look at.

From my experience it is not easy finding an accountant anywhere that is familiar with the process! I found this resource from the IRS very helpful. I believe it is the latest version.

IRS Tax Guide for Aliens

Edited January 20, 2011 by OBX

[Danu 19]

Yeah what OBX said. You are family even if they haven't given you a visa. You couldn't go out tomorrow and marry another person without divorcing her first, therefor you are still married even if she never actually steps foot on US soil. USCIS sees her as your wife, but as your wife who is foreign and needs to get a visa to get into the country.

[Garrett 0]

Well if anyone has any accountant recommendations in the Southern California area, I'm all ears