Will it matter if my taxes when filled said "single" VS "married" when applying for CR1?

[pablo2752 106]

3 hours ago, DeParaquedasBrasi said:

USCIS is actually very familiar with this problem, that actually needs to be addressed and fixed.

Do you mean that USCIS is familiar with people who filed as single instead of MFS because of the common assumption that American/LPR spouse can't include a foreign abroad spouse without ITIN/SSN? And that USCIS hasn't penalized people for it for the most part? From my experience of talking with other people and my lawyer, it seems like a VERY common issue. 

Edited February 14, 2021 by pablo2752

[Talako 785]

As a CPA, my advice is not to solicit tax advice from strangers on this website.

 

There is so much wrong in this thread.

 

Saying things with conviction does not make it correct.

[payxibka 10,045]

4 hours ago, neca said:

Really curious that official tax companies would encourage someone to lie about their marital status just because their spouse is an NRA 🤔

Because they want your money.   If you file MFS using NRA as a placeholder for an SSN, you cannot efile, and therefore cannot use there service.

[Bob in Boston 716]

8 hours ago, top_secret said:

The financial difference based on filing status could be huge. 

This is why the IRS does not care if you file single, Your tax rate is higher. Its your money to spend the way you want. Most of the time filing your taxes together is evidence of a bonafide marriage

[Crazy Cat 41,886]

6 hours ago, Talako said:

As a CPA, my advice is not to solicit tax advice from strangers on this website.

 

There is so much wrong in this thread.

 

Saying things with conviction does not make it correct.

Sometimes, those "strangers" know more than the "trained experts".  That is a fact.  

[Crazy Cat 41,886]

[Ayrton 965]

6 hours ago, Talako said:

As a CPA, my advice is not to solicit tax advice from strangers on this website.

 

There is so much wrong in this thread.

 

Saying things with conviction does not make it correct.

This is a DIY forum. Not everyone can pay for someone else to help them.

 

You said "there's so much wrong in this thread". Don't hesitate to point out what was told wrong or right, because that's what this forum is about.

 

After immigrating, most people will find taxes as a really difficult thing to deal with, since rules changes from country to country, and having help from people that go through the same thing is valuable. 

[Crazy Cat 41,886]

9 minutes ago, Ayrton said:

After immigrating, most people will find taxes as a really difficult thing to deal with, since rules changes from country to country, and having help from people that go through the same thing is valuable. 

Agree.  I recommend that new immigrants talk to a real professional the first year because, as you stated, rules are different for different countries.  Depending on whether there is a tax treaty between the two countries, the amount of foreign income the spouse has generated during the tax year, the date of entry, and other factors can greatly determine which tax strategy is best.  Some new immigrants (such as my wife) are better off filing as a dual-status alien the first year.  It can really get complicated.  Luckily, I found a great CPA in Dallas who has done a wonderful job over the last 4 years with our taxes and FBAR reporting.

 

Taxes and health care are two of the biggest learning curves for new immigrant, imo.

Edited February 14, 2021 by Lucky Cat

[Ayrton 965]

3 minutes ago, Lucky Cat said:

Agree.  I recommend that new immigrants talk to a real professional the first year because, as you stated, rules are different for different countries.  Depending on whether there is a tax treaty between the two countries, the amount of foreign income the spouse has generated during the tax year, the date of entry, and other factors can greatly determine which tax strategy is best.  Some new immigrants (such as my wife) are better off filing as a dual-status alien the first year.  It can really get complicated.  Luckily, I found a great CPA in Dallas who has done a wonderful job over the last 4 years with our taxes and FBAR reporting.

Exactly. If someone has a simple case, there's no harm in getting help in this forum.

 

It's the same for immigration. Imagine if immigration lawyers were here in the forum posting: "As an immigration lawyer, my advice is not to solicit immigration advice from strangers on this website. There is so much wrong in this thread".

 

There's always going to be people that give wrong advices, but other people will help them giving the right one. I literally just saw a post in a facebook group saying that there's no more path to GC/citizenship to parents of US citizens. Thankfully other people commented saying that it's still possible.

 

 

[Ayrton 965]

Just to complement the discussion from OPs topic.

 

From the IRS website:

 

"Marital status. If you are unmarried, your filing status is single or, if you meet certain requirements, head of household or qualifying widow(er). If you are married, your filing status is either married filing a joint return or married filing a separate return. For information about the single and qualifying widow(er) filing statuses, see Pub. 501, Dependents, Standard Deduction, and Filing Information.

...

Exception. If you live apart from your spouse, under certain circumstances, you may be considered unmarried and can file as head of household. See Head of Household , later."

 

https://www.irs.gov/publications/p504#en_US_2019_publink1000175819

 

Yes, the numbers will be the same for filing single and filing separately, but the discussion shouldn't be about numbers. Should be about not lying on a tax form.

Edited February 14, 2021 by Ayrton

[Wuozopo 4,293]

On 2/13/2021 at 8:33 AM, Mercedeslorry said:

I am in the process of filling my taxes (I am a U.S citizen) and have been told I can file as single since my husband has never lived here in the U.S with me, and does not have a SSN, or a ITIN number.

Here are the exceptions for filing Married since you were married in 2020. They come from the instructions for the 1040. Basically you need a dependent child. Do you qualify on all counts?

 

Married persons who live apart. Even if you weren’t divorced or legally separated at the end of 2020, you are considered unmarried if all of the following apply.

• ✅You lived apart from your spouse for the last 6 months of 2020. Tempora- ry absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.
•  ✅You file a separate return from your spouse.
•  ✅You paid over half the cost of keeping up your home for 2020.
• ❓Your home was the main home of your child, stepchild, or foster child for more than half of 2020.
• ❓You can claim this child as your dependent or could claim the child except that the child's other parent can claim him or her under the rule for Children of divorced or separated parents under Who Qualifies as Your Dependent, later.

On 2/13/2021 at 8:33 AM, Mercedeslorry said:

SO my question is does it really matter if my taxes are filled as single or do i have to go through this process of my husband trying to get a ITIN number (I prefer not to)? 

It is an IRS question —Do you want to do your taxes as required by tax law? Immigration won’t be looking at anything but your total income shown on line 7b of your 1040 to see if your Affidavit of Support qualifies. Immigration folks are not IRS agents who study tax law, nor do they check your tax return for details of how filed. They want to see your income.

 

You would get a better tax break filing jointly, if you want more money sooner, but the ITIN process can be a hassle when your spouse lives abroad because he must send his actual passport in with the application, physically sign your joint return and his W-7 ITIN application, and sign a statement you create electing to be treated as a resident alien for tax purposes. That’s a lot of mailing back and forth. He can avoid sending his actual passport if he can get a photocopy certified at an acceptance agent in Pakistan. There is only one listed by the IRS. It’s in Lahore.  https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-pakistan 

 

You can also amend the tax return to Joint later when he has his SSN to get more money back, which is an extra slight hassle and cost (if you are paying an accountant).

 

 

[Ayrton 965]

6 minutes ago, Wuozopo said:

Married persons who live apart. Even if you weren’t divorced or legally separated at the end of 2020, you are considered unmarried if all of the following apply.

• ✅You lived apart from your spouse for the last 6 months of 2020. Tempora- ry absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.
•  ✅You file a separate return from your spouse.
•  ✅You paid over half the cost of keeping up your home for 2020.
• ❓Your home was the main home of your child, stepchild, or foster child for more than half of 2020.
• ❓You can claim this child as your dependent or could claim the child except that the child's other parent can claim him or her under the rule for Children of divorced or separated parents under Who Qualifies as Your Dependent, later.

 

Just a note that this would qualify OP to file as Head of Household, not single. 

 

Since OP is married, the only options are Married Filing Jointly, Married Filing Separately and Head of Household.

[Crazy Cat 41,886]

@Ayrton, you beat me to it.....😃  Those circumstances are for "HOH" filing status....not "Single".

Edited February 14, 2021 by Lucky Cat

[Wuozopo 4,293]

6 minutes ago, Ayrton said:

 

Just a note that this would qualify OP to file as Head of Household, not single. 

 

Since OP is married, the only options are Married Filing Jointly, Married Filing Separately and Head of Household.

Yes, but HOH must not be married. It would also qualify her to be single/not married according to the IRS instructions for 1040.

 

@Lucky Cat

Edited February 14, 2021 by Wuozopo

[Ayrton 965]

6 minutes ago, Wuozopo said:

Yes, but HOH must not be married. It would also qualify her to be single/not married according to the IRS instructions for 1040.

No. The circumstances that you mentioned are exactly in the case of someone is married and live apart, so they can file as head of household.

 

See this extract from the IRS website.

 

"Exception. If you live apart from your spouse, under certain circumstances, you may be considered unmarried and can file as head of household. See Head of Household , later"

https://www.irs.gov/publications/p504#en_US_2019_publink1000175819

 

The exception only allows to file as HOH, not as single.

 

 

 

 

 

Edited February 14, 2021 by Ayrton