Impact on Visa of Claiming RA for NRA?

[FrozenThai 0]

I am working on my first year taxes with my NRA wife.  My understanding is I can fill out the W7 and get an ITIN and then file my taxes and from this do MFJ and treat my wife as RA.  I am at the point in turbo tax where it is trying to do the Foreign earned income exclusion.  It is asking me if my spouse is RA or NRA.  If I choose NRA, I won't get the FEIE.  If I choose RA then I can get it, essentially negating her income and increasing my refund a small amount.  

 

Being confused I asked turbo tax what to do.  She is NRA, but she is electing to be treated as RA.  Turbo tax CPA told me I can use RA here.  All is good.  But then this caution came along with the IANAL, saying that my CR1 Visa could be impacted if I choose to treat her as RA when she is NRA.  Any one have experience here?

 

I figure my best option could be to do MFS, wait for the visa to come through (which I haven't started yet, but will in March) and then amend my return in 2020.  

[Cyberfx1024 7,980]

9 minutes ago, FrozenThai said:

I am working on my first year taxes with my NRA wife.  My understanding is I can fill out the W7 and get an ITIN and then file my taxes and from this do MFJ and treat my wife as RA.  I am at the point in turbo tax where it is trying to do the Foreign earned income exclusion.  It is asking me if my spouse is RA or NRA.  If I choose NRA, I won't get the FEIE.  If I choose RA then I can get it, essentially negating her income and increasing my refund a small amount.  

 

Being confused I asked turbo tax what to do.  She is NRA, but she is electing to be treated as RA.  Turbo tax CPA told me I can use RA here.  All is good.  But then this caution came along with the IANAL, saying that my CR1 Visa could be impacted if I choose to treat her as RA when she is NRA.  Any one have experience here?

 

I figure my best option could be to do MFS, wait for the visa to come through (which I haven't started yet, but will in March) and then amend my return in 2020.  

When did your wife come to the USA and when did you get married? 

[FrozenThai 0]

We were married last November, she has not been to USA yet and won't be able to until her Visa is granted.  She is from Thailand.

[FrozenThai 0]

One thing I just thought of is, wouldn't filing jointly, if legally allowed, help show proof of bonafide marriage?