How Should I File my 2019 Taxes (Recently Married)

[Dan91422 4]

Hi all,

 

My situation is this; In the summer of 2019 I got married to my fiancé who is a  Ukrainian national. Together, we submitted the I-130 form and it is was accepted for review on December of that same year. However, I have come across an issue in regards to filing my 2019 Taxes. I am not really sure how I should file my taxes because I intend to have my father being the co-sponsor of my wife (and I as well, I suppose?) when it comes time to submit Form I-864 (Affidavit of Support). Thus, I suppose this means I am dependent on my father. With that being said, when filing my taxes, should my taxes reflect what I intend to have on Form I-864 and I put myself as dependent of my father? The other is, my wife has never been to the United States. Therefore, if I wanted to file my taxes as married (jointly or separately) it requires me to have a SSN or ITIN for my wife, which she doesn't have. In addition, it is impossible for me to have myself as both dependent of my father as well as filing as married. What should I do? Am I misunderstanding something?

 

Kind regards,

[geowrian 22,337]

1) How you file taxes is separate from how the I-864 is completed. File taxes in a manner to minimize your tax liability.

 

2) You can file either MFS or MFJ (or HOH with a dependent child).

MFS is simpler - you write in "NRA" for your spouse's SSN/ITIN. She doesn't file anything.

MFJ usually results in a lower tax liability...potentially thousands of dollars less in taxes owed/more in refund due. But this requires an SSN or ITIN and to report worldwide income for both individuals (https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse). To get an ITIN, you need to complete a W-7 and go through that process. The FEIE (2555/2555EZ) may reduce or (likely) eliminate any additional taxes due to the foreign income.

Neither filing option maters to immigration. Do what makes the most sense to you.

You cannot file as single if you were married.

Option 2 is to file MFS now then amend (1040X) once she has an SSN to get the extra deduction at that time. Just know it's likely leaving money on the table for some time (until she gets in the US, gets the SSN, and then you amend the taxes).

Edited April 5, 2020 by geowrian