i751 Please help

[Amhara 460]

I always thought it strange that people asked for tax advice on an immigration site.

I posed the question to a CPA I know. Here's the response:

No its not rare. Depending on circumstances involved an optimization for filing separately can be done to see which filing yields the higher return.

Please give an example of a situation where Married Filing Separately would be better than Married Filing Jointly then, if it's so common.

The vast majority of married people that file separate returns don't elect the MFS filing status - they decide on single or head of household because those two would give a higher refund/lower tax liability than MFS. I wonder how filing as single or HOH and yet telling the USCIS that you two are married looks to the adjudicating officer?

[LionessDeon 2,060]

The vast majority of married people that file separate returns don't elect the MFS filing status - they decide on single or head of household because those two would give a higher refund/lower tax liability than MFS. I wonder how filing as single or HOH and yet telling the USCIS that you two are married looks to the adjudicating officer?

Filing single and married filing separately are two completely different things.

To the OP: The reasons that you chose married filing separate are more concerning than the title itself be prepared to explain to the adjudicator as it seems that you did not make that choice for refund optimization but more for what's going on in your household. Good Luck!

[Amhara 460]

Filing single and married filing separately are two completely different things.

Which to me, makes it a lie on the tax return.

Evatra, I really hope that your husband stops treating you like the woman with the purse. It sounds like you are in a bit of a difficult situation and filing MFS from him is a good start. I appreciate that you are taking decisive action in your relationship and I hope he starts treating you like the partner you deserve to be. I hope you two can work through your differences and get a more healthy relationship with each other. May this immigration stuff not add further burden to you!

[Nich-Nick 3,354]

The vast majority of married people that file separate returns don't elect the MFS filing status - they decide on single or head of household because those two would give a higher refund/lower tax liability than MFS. I wonder how filing as single or HOH and yet telling the USCIS that you two are married looks to the adjudicating officer?

Married people are not single and can't choose that option unless that have a formal separation agreement, for example. I disagree that the vast majority of married people choose single as a filing status rather than Separate. A married person can not choose Head of Household either as a means to owe less tax unless very specific things are in place like the husband not living in the home.

The Married Filing Separate return the OP chose still says she is married and lists her husband's name. The USCIS can't really judge someone for how they filed if it is a legal way to file. Her reason is not based on the best financial decision, but more of a petty "I am okay paying more taxes just to punish you and make you pay more." But it is still a legal way to file. If she has other good evidence to present, I don't think the tax return would be a deal breaker.

Edited February 17, 2016 by Nich-Nick

[Sukie 1,460]

Please give an example of a situation where Married Filing Separately would be better than Married Filing Jointly then, if it's so common.

Here is an example. The first year we were married, we were still in the NVC process. My spouse sold her home in the foreign country. Because it had been her personal residence, it was free from capital gains in her home country, but if we had filed jointly, we would have had to pay substantial capital gains tax in the US. Because she had not immigrated here, we were able to file MFS. Essentially, I filed on my income, but she did not have to file on HER income.

So MFS was definitely the way for us to go in that tax year.

That is just one example. I'm sure there are a LOT more!

Sukie in NY

[Amhara 460]

Married people are not single and can't choose that option unless that have a formal separation agreement, for example. I disagree that the vast majority of married people choose single as a filing status rather than Separate. A married person can not choose Head of Household either as a means to owe less tax unless very specific things are in place like the husband not living in the home.

The Married Filing Separate return the OP chose still says she is married and lists her husband's name. The USCIS can't really judge someone for how they filed if it is a legal way to file. Her reason is not based on the best financial decision, but more of a petty "I am okay paying more taxes just to punish you and make you pay more." But it is still a legal way to file. If she has other good evidence to present, I don't think the tax return would be a deal breaker.

Yes, married people do choose to file as single/HOH. They don't qualify to and therefore are not supposed to, but supposed to and actually doing are two different things. If someone going through ROC files as MFS, then no, I don't think the USCIS would hold anything against anyone. How many of them are tax experts? However, they may have been trained to notice if the parties are filling single/HOH and are applying as married.

I agree, I don't think the correct filing status is a deal breaker.

[Harmonia 211]

Please give an example of a situation where Married Filing Separately would be better than Married Filing Jointly then, if it's so common.

If one spouse is having tax returns intercepted by the state or federal government. This could be due to delinquent student loans or any type of judgement.

[Dohan 133]

I would be more concerned about the relationship rather than how to file taxes, sorry but if you have a child together, he should not be hiding money from you, what kind of nonsense is that?