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Filed: K-1 Visa Country: Philippines
Timeline
Posted

So next year my wife will be able to do her ROC. My question is about filing taxes and what looks good as a bonafide marriage. For last year we claimed "single" on our W-4, (to take the most taxes out of our paychecks), but we filed jointly. My accountant said there is no difference between claiming "single" or "married at higher single rate when it comes to tax deductions, but filing "separately" or "jointly" is what would have more affect with regard to ROC.

So my question is, should we claim "married at higher single rate" on our W-4s? Will this come back to haunt us if we continue to claim "single?" Or does it really not matter so long as we file jointly?

Posted

From what I have gathered, there are there categories:

1. Single

2. Married filing jointly, and

3. Married filing separately.

Which one did you choose?

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Filed: K-1 Visa Country: Philippines
Timeline
Posted

From what I have gathered, there are there categories:

1. Single

2. Married filing jointly, and

3. Married filing separately.

Which one did you choose?

We filed Married, filing jointly.

BUT

On our W-4 (the form you sign at your employer every year to determine your tax rate), there are also 3 choices:

Single

Married, but at higher Single Rate

Married

We both chose single in this instance.

Posted (edited)

Why complex things ? you guys can do this after she is naturalized. Not that you did was wrong , it can just create confusion and remember the onus of showing proofs for bonafide marriage will be on you guys. just a suggestion.

Edited by almost_umrican
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Why complex things ? you guys can do this after she is naturalized. Not that you did was wrong , it can just create confusion and remember the onus of showing proofs for bonafide marriage will be on you guys. just a suggestion.

Well for me, it was more out of habit to choose "Single." So I suggested my wife claim "single" because that's what I have always done. :P My accountant says it doesn't matter as "single" and "married at higher single rate" are both taxed the same; but "filing married but separate," looks peculiar with regard to K-1/CR-1 couples as opposed to "married filing jointly."

Posted

Why complex things ? you guys can do this after she is naturalized. Not that you did was wrong , it can just create confusion and remember the onus of showing proofs for bonafide marriage will be on you guys. just a suggestion.

+1

Why complicate things further when you can put on your W4's married but withhold at a higher single rate.

Filed: Citizen (apr) Country: Indonesia
Timeline
Posted

So next year my wife will be able to do her ROC. My question is about filing taxes and what looks good as a bonafide marriage. For last year we claimed "single" on our W-4, (to take the most taxes out of our paychecks), but we filed jointly. My accountant said there is no difference between claiming "single" or "married at higher single rate when it comes to tax deductions, but filing "separately" or "jointly" is what would have more affect with regard to ROC.

So my question is, should we claim "married at higher single rate" on our W-4s? Will this come back to haunt us if we continue to claim "single?" Or does it really not matter so long as we file jointly?

You are joint filing. That's what matters. Your accountant is right. The w-4 just determines how much your employer deducts from your paycheck. I don't know why you'd even include it in your submission.

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You are joint filing. That's what matters. Your accountant is right. The w-4 just determines how much your employer deducts from your paycheck. I don't know why you'd even include it in your submission.

Oh we didn't submit anything yet. We were just wondering if USCIS would "dig deep" beyond our joint file return and see our W-4 elections. :P

Posted

There is no advantage/disadvantage to choosing married but filing separately for ROC purposes. Your accountant is incorrect on that point.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Filed: Citizen (apr) Country: Australia
Timeline
Posted

So next year my wife will be able to do her ROC. My question is about filing taxes and what looks good as a bonafide marriage. For last year we claimed "single" on our W-4, (to take the most taxes out of our paychecks), but we filed jointly. My accountant said there is no difference between claiming "single" or "married at higher single rate when it comes to tax deductions, but filing "separately" or "jointly" is what would have more affect with regard to ROC.

So my question is, should we claim "married at higher single rate" on our W-4s? Will this come back to haunt us if we continue to claim "single?" Or does it really not matter so long as we file jointly?

What you put on your W-4 DOES NOT MATTER. As long as you file either Married, filing separately or Married, filing jointly, you are fine.

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Posted

So next year my wife will be able to do her ROC. My question is about filing taxes and what looks good as a bonafide marriage. For last year we claimed "single" on our W-4, (to take the most taxes out of our paychecks), but we filed jointly. My accountant said there is no difference between claiming "single" or "married at higher single rate when it comes to tax deductions, but filing "separately" or "jointly" is what would have more affect with regard to ROC.

So my question is, should we claim "married at higher single rate" on our W-4s? Will this come back to haunt us if we continue to claim "single?" Or does it really not matter so long as we file jointly?

Your Form W-4 is only a form you provide your employer to instruct them on how much federal income tax should be withheld from your pay.

Immigration does not care about this. Your taxes are only assessed when you file your own return (America is a self-assessed tax method...for the most part). Once you file a married filing joint return, you cannot amend the return to file separate, so when you present a tax return filed with the filing status of MFJ, you are good.

That's why your accountant said it doesn't matter.



Signature coming soon...

Posted

After the year-end your employers will send you W-2 forms where it will state marital status: Single. From what I have seen on VJ, the USCIS has been requesting the copies of all your W-2 forms so they might get confused on why you told your employer you are single. I don't know what is going on through their minds but when I saw one of my hubby's W-2 stated single I asked him to call his HR and change it.. but it's just us.

Posted

After the year-end your employers will send you W-2 forms where it will state marital status: Single.

It does not state marital status. I know what you mean, but it's only a reflection of the tax rate you elected to be withheld at. It has no bearing on what your actual marital status is. Someone who is single can submit a Form W-4 to have taxes withheld at a married rate and visa versa.

Not all Form W-2's look the same, so we don't know if the W-2 will say that. It's not on the Form W-2 issued by the IRS, but ADP (who prepares the majority of W-2's) will include this information on their version of the W-2.

Now, if the tax return says single, then that's something.



Signature coming soon...

Posted

It does not state marital status. I know what you mean, but it's only a reflection of the tax rate you elected to be withheld at. It has no bearing on what your actual marital status is. Someone who is single can submit a Form W-4 to have taxes withheld at a married rate and visa versa.

Not all Form W-2's look the same, so we don't know if the W-2 will say that. It's not on the Form W-2 issued by the IRS, but ADP (who prepares the majority of W-2's) will include this information on their version of the W-2.

Now, if the tax return says single, then that's something.

I'm sure either way it's not a big deal as long as you have a strong ROC package. Good luck!

 
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