I'm in US, wife in UK (CR-1), do i file taxes as single/married-filing-separate/et al?

[bayrn 0]

Hey everyone-

 

This is a question I've dug around on but haven't been able to answer, and figure someone here might know right off the top of their head. I'm an American living in the US, petitioning for my British wife who is living in England. We got married in July 2017, in England, so this is my first time filing taxes since then. We haven't formally merged our finances into one bank account yet because we anticipate that would lead to strange international asset combination questions or whatever. Should I file as married filing separately? Or as single? I'm unsure because I don't know if that implies she will also be filing US tax returns, which she won't because she hasn't permanently lived/earned money in the US yet. We just got our petition approved and sent off to NVC, so I want to make sure I'm doing my taxes 100% correctly since I'll be sending in my returns as part of the financial sponsorship proof. Just more detail if that helps: I make just under the income requirement, so I'll be supplementing my financial information with proof of her savings in a UK bank account (with the $3 savings=$1 extra income ratio), which combined will put us over the necessary threshold. 

 

Please let me know, thank you!

 

-B

[pushbrk 12,883]

Check with your tax professional, but filing status has little to do with your immigration process.  The easy way is to file married filing separately, but you'll need to file by mail rather than electronically.

[Crazy Cat 41,851]

My wife and I married in 2015.  She entered the US (CR-1) on June 22, 2017.  For tax years 2015 and 2016, I filed "Married Filing Separately".  In the space for her SSN, I wrote "NRA" per IRS instructions.......I had to mail the returns.

 

For tax year 2017, I hired an accountant...lol.....

Edited March 14, 2018 by missileman

[Crazy Cat 41,851]

By the way, you can't legally file as Single if you were married on Dec 31st of the tax year.

[Enigma11561 336]

If your wife has a social security number you should file married jointly. If not, you file as married separately. Filing taxes has nothing to do with immigration other than the fact that you must show that you ( the petitioner) did file and the amount of income meets/does not meet minimum requirements. This is for tax year 2017. When she gets here this year and gets her social, then you can change filing status. The fact she is living in the UK is irrelevant.

[pushbrk 12,883]

20 minutes ago, Enigma11561 said:

If your wife has a social security number you should file married jointly. If not, you file as married separately. Filing taxes has nothing to do with immigration other than the fact that you must show that you ( the petitioner) did file and the amount of income meets/does not meet minimum requirements. This is for tax year 2017. When she gets here this year and gets her social, then you can change filing status. The fact she is living in the UK is irrelevant.

Qualification is only based on tax returns for the self employed.  Otherwise, current income is how you qualify and that is demonstrated with a pay stub, not any tax return.

[payxibka 10,045]

59 minutes ago, bayrn said:

Hey everyone-

 

This is a question I've dug around on but haven't been able to answer, and figure someone here might know right off the top of their head. I'm an American living in the US, petitioning for my British wife who is living in England. We got married in July 2017, in England, so this is my first time filing taxes since then. We haven't formally merged our finances into one bank account yet because we anticipate that would lead to strange international asset combination questions or whatever. Should I file as married filing separately? Or as single? I'm unsure because I don't know if that implies she will also be filing US tax returns, which she won't because she hasn't permanently lived/earned money in the US yet. We just got our petition approved and sent off to NVC, so I want to make sure I'm doing my taxes 100% correctly since I'll be sending in my returns as part of the financial sponsorship proof. Just more detail if that helps: I make just under the income requirement, so I'll be supplementing my financial information with proof of her savings in a UK bank account (with the $3 savings=$1 extra income ratio), which combined will put us over the necessary threshold. 

 

Please let me know, thank you!

 

-B

Your filing status is based on your marital status as of the last day of the tax year.  If you were married on the last day of the tax year then your options are MFJ(oint) or MFS(eparate).

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[bayrn 0]

thank you all very much! the answer to my question seems to definitely be filing married-filing-jointly.

 

thanks!!!

-b

[arken 4,197]

13 minutes ago, bayrn said:

thank you all very much! the answer to my question seems to definitely be filing married-filing-jointly.

 

thanks!!!

-b

If you are decided to file jointly, don’t forget to include her ITIN application along with the tax return filing if she has no SSN. And you are required to include her income too.

[bayrn 0]

1 hour ago, bayrn said:

thank you all very much! the answer to my question seems to definitely be filing married-filing-jointly.

 

thanks!!!

-b

gah sorry, meant to write I will be filing married-filing-separately!

[Wuozopo 4,293]

4 hours ago, bayrn said:

Should I file as married filing separately? Or as single?

If you were married on Dec 31, 2017 then your filing status can not be single.

 

Options are

1. Married Filing Separately. You can efile.
2. Married Filing Jointly. She would require an ITIN and I don't think you have much time left to jump through the hoops that entails. You need her actual passport to mail off to Austin or show at certain IRS centers, not a photocopy. Or maybe find an acceptance agent in the UK to certify her passport. Then you must both sign a statement that you elect for her to be treated as a resident alien for tax purposes, report her UK income, both sign a paper return, and paper file by mail.

 

You may come out better filing jointly, but easier to wait for her to get here, get her SSN, then file an amended 2017 return. 

Edited March 15, 2018 by Wuozopo

[ms_bobdog 501]

33 minutes ago, Wuozopo said:

If you were married on Dec 31, 2017 then your filing status can not be single.

 

Options are

1. Married Filing Separately. You can efile.
2. Married Filing Jointly. She would require an ITIN and I don't think you have much time left to jump through the hoops that entails. You need her actual passport to mail off to Austin or show at certain IRS centers, not a photocopy. Or maybe find an acceptance agent in the UK to certify her passport. Then you must both sign a statement that you elect for her to be treated as a resident alien for tax purposes, report her UK income, both sign a paper return, and paper file by mail.

 

You may come out better filing jointly, but easier to wait for her to get here, get her SSN, then file an amended 2017 return. 

Kindly correct me if I am wrong, but if the spouse is NRA, with no ITIN, you can't efile for Married Filing Separately?

[Wuozopo 4,293]

1 hour ago, ms_bobdog said:

Kindly correct me if I am wrong, but if the spouse is NRA, with no ITIN, you can't efile for Married Filing Separately?

 

Maybe so. Haven't tried it. Thanks.

[Enigma11561 336]

5 hours ago, pushbrk said:

Qualification is only based on tax returns for the self employed.  Otherwise, current income is how you qualify and that is demonstrated with a pay stub, not any tax return.

Pretty much what I said. He needs to show tax returns and income. Did not state the income shown must come from the tax return, although it does not hurt.,