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Migaloo

Does your spouse have to living in the USA in order to file as Married Filing Jointly?

By Migaloo in Tax & Finances During US Immigration

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Migaloo Rookie

Migaloo   5

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My spouse lives abroad, but is not a U.S. citizen. I spoke with a tax professional that didn't know much about foreign tax returns, but he did research and he suggested to file as married filing separate. Then amending the tax return later.

 

My spouse got a SSN after arriving with a K-1 visa, but left the country so will have to file for another visa. The tax professional said my spouse would have to be living in Canada or Mexico in order to file jointly currently.

 

Can anyone confirm his advice? Him not know much about the topic makes me want to get a second opinion. Thanks

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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He is clueless. If your spouse has the SSN or ITIN, then you can file MFJ regardless of where your spouse lives.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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20 minutes ago, Migaloo said:

My spouse lives abroad, but is not a U.S. citizen. I spoke with a tax professional that didn't know much about foreign tax returns, but he did research and he suggested to file as married filing separate. Then amending the tax return later.

 

My spouse got a SSN after arriving with a K-1 visa, but left the country so will have to file for another visa. The tax professional said my spouse would have to be living in Canada or Mexico in order to file jointly currently.

 

Can anyone confirm his advice? Him not know much about the topic makes me want to get a second opinion. Thanks

The tax "professional" is incorrect.  Ask him to show you a reference for that statement.......If your spouse has a SSN, then you can file a joint return.  Remember, both spouses must report world-wide income for the entire tax year if filing jointly.

"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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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

They (the tax professional) are incorrect. Direct them to this: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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DeParaquedasBrasi Explorer

DeParaquedasBrasi   228

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
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1 hour ago, Migaloo said:

I spoke with a tax professional that didn't know much about foreign tax returns

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

  

  1. Married: 02/25/2017
I-130 sent: 03/25/2019
I-130 NOA1: 04/02/2019
I-129F (K3) sent: 08/26/2019
I-129F NOA1: 08/29/2019
I-129F Denied: 09/29/2019
I-130 NOA2 Approved 09/29/2019
Case sent to NVC 10/08/2019
NVC Received Case 10/10/2019
Received IV & AOS Bill 11/01/2019
Payed IV & AOS Fees 11/09/2019
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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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9 minutes ago, DeParaquedasBrasi said:

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

They can file a joint return.  

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.. 
 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
32 minutes ago, DeParaquedasBrasi said:

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

Filing jointly is not claiming them as a dependent. Those are completely separate issues.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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DeParaquedasBrasi Explorer

DeParaquedasBrasi   228

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Filed: IR-1/CR-1 Visa Country: Brazil
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Posted
Just now, geowrian said:

Filing jointly is not claiming them as a dependent. Those are completely separate issues.

 

27 minutes ago, missileman said:

They can file a joint return.  

Thank y'all for clarifying this. I guess H&R Block didn't clarify those details to me. The more you know eh? 

  

  1. Married: 02/25/2017
I-130 sent: 03/25/2019
I-130 NOA1: 04/02/2019
I-129F (K3) sent: 08/26/2019
I-129F NOA1: 08/29/2019
I-129F Denied: 09/29/2019
I-130 NOA2 Approved 09/29/2019
Case sent to NVC 10/08/2019
NVC Received Case 10/10/2019
Received IV & AOS Bill 11/01/2019
Payed IV & AOS Fees 11/09/2019
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Migaloo Rookie

Migaloo   5

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10 hours ago, arken said:

He is clueless. If your spouse has the SSN or ITIN, then you can file MFJ regardless of where your spouse lives.

Thanks! This is what I had understood. I also believe already having an SSN will make it easier.

 

 

10 hours ago, missileman said:

The tax "professional" is incorrect.  Ask him to show you a reference for that statement.......If your spouse has a SSN, then you can file a joint return.  Remember, both spouses must report world-wide income for the entire tax year if filing jointly.

Thanks. I asked and he said he had called the IRS. But I have doubts that he has done that.

 

My spouse would have made an equivalence of less than $4,000 in 2019. I earned more than $100,000 so I am thinking it will be advantageous to file jointly.

 

 

10 hours ago, geowrian said:

They (the tax professional) are incorrect. Direct them to this: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Thank you for the link.

 

 

9 hours ago, DeParaquedasBrasi said:

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

Hahaha. I am starting to feel like the tax professional did not want to assist me and so gave me that response. I have never used him before.

 

 

9 hours ago, missileman said:

They can file a joint return.  

I will do so. Thanks!

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ThomasNC1988 Rising Star

ThomasNC1988   762

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Filed: AOS (apr) Country: Thailand
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22 hours ago, DeParaquedasBrasi said:

 

Thank y'all for clarifying this. I guess H&R Block didn't clarify those details to me. The more you know eh? 

Stop wasting money at H&R Block. They are Tax professionals like the guy working in the meat department at Wal-mart is a butcher. That is to say they are not.

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