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Posted

Hello everyone, 

This year me (Canadian) and my wife (USC) got married but we have not filed for CR1 yet. I am doing a legal name change in Canada first to get a new passport then she'll petition for me. 

 

Obviously, her marital status is different now. The question is, how does she file?

We have a joint bank account in the US. It used to be mine at first then I added her on the account shortly before we got married, now both of our names are on the account. Please note I do not have a US Social Security Number (I have never lived/worked in the US).

A joint bank account is a good sign of legitimate marriage but not sure how it'll play for tax filing purposes. 

 

Thanks in advance. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

If married on the last day of a tax year, she must file as married for that tax year.....period.  Whether she wants to file as "married Filing Joint" or "Married Filing Separate" is a matter which requires more consideration...such as whether the foreign spouse has a US Social Security number/Individual Taxpayer Identification Number.  In addition, the foreign spouse's income could be a consideration when the decision of Married Filing Jointly or Married Filing Separately is made.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

What is the date of your marriage?

 

Edit to post above:  Some circumstances allow a person to file as "Head of Household" when married

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
15 minutes ago, ykowalski said:

We got married in August of last year in Michigan. 

OK......My post above applies for her filing taxes for the 2018 tax year.  She can not file as single.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
1 hour ago, missileman said:

OK......My post above applies for her filing taxes for the 2018 tax year.  She can not file as single.

Ok. Thank you. 

I'm not sure how filing in the US works, but when she files as married, I guess she would have to include my name, but I do not have a SSN number. I do have a job in Canada and I have an income, would I have to create an ITIN and would be considered as foreign income for her?

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
11 minutes ago, ykowalski said:

Ok. Thank you. 

I'm not sure how filing in the US works, but when she files as married, I guess she would have to include my name, but I do not have a SSN number. I do have a job in Canada and I have an income, would I have to create an ITIN and would be considered as foreign income for her?

She could file "Married Filing Separately".......she would list your name......no SSN or ITIN required for you.  She would report only her income .......Once you are a resident of the US, then I suggest you consult a competent tax professional to determine the best tax strategy for your situation.  

 

If she opts to file "Married Filing Jointly", you would need a SSN or an ITIN.......

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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