Marriage Filing Jointly and Visa Approval

[sarabou17 36]

I recently married and we just submitted our i130 petition.   I am at the point of filing taxes for the first time since we got married.  Does Married Filing Jointly really have an effect in the visa approval process?  

[mushroomspore 3,044]

12 minutes ago, sarabou17 said:

I recently married and we just submitted our i130 petition.   I am at the point of filing taxes for the first time since we got married.  Does Married Filing Jointly really have an effect in the visa approval process?  

Well it's technically against the law to lie in any way, shape, or form about information you provide for your taxes. So EVERYONE filing a spousal visa or petition, by default, MUST be filing as "Married Filing Jointly" or "Married Filing Separately". So,  it doesn't really have an "effect" on immigration specifically except to show that you have filed your taxes properly.

[sarabou17 36]

3 minutes ago, mushroomspore said:

Well it's technically against the law to lie in any way, shape, or form about information you provide for your taxes. So EVERYONE filing a spousal visa or petition, by default, MUST be filing as "Married Filing Jointly" or "Married Filing Separately". So,  it doesn't really have an "effect" on immigration specifically except to show that you have filed your taxes properly.

Yes I know that you have to file Married Filing Jointly or Seperately.  I want to know if Married Filing Seperately hurts you in the visa approval process.  

[Verrou 1,962]

got mixed bag information about this situation. i also got married last year and this year is the first time we filed as married. we both lost jobs during covid and at the moment both of us are working again. i ( the beneficiary ) keep back on forth to choose which choices ( married filed separately or married filed jointly ) that will give us more tax return since we lost so much when we lost the job. but husband said its not worth it, so we decided to file jointly. 

 

but many people said its fine especially during the pandemic when so many people lost jobs. as long as u provide other bonafide marriage evidences. filing tax is just piece of it,not the most important thing for USCIS to make decision. 

 

sorry my grammar is horrible T_T

Edited March 24, 2021 by Misscloud

[JeanneAdil 6,489]

it does in your case

 

why MFS? when you need as much evidence as possible to Casa embassy to approve the visa

the foreign income of up to $107,600 is excluded by filing form 2555 with the returns

 

you have a big age difference as posted previous and you have to provide as much proof as possible to show a "bona fida" marriage and "real relationship"

and Casa is well aware of US taxes and the process anyone with red flags needs to do to start the commingling of assets

[Crazy Cat 41,804]

1 hour ago, sarabou17 said:

I want to know if Married Filing Seperately hurts you in the visa approval process.  

No effect.  I filed "Married Filing Separately" in 2015 & 2016.

[sarabou17 36]

57 minutes ago, JeanneAdil said:

it does in your case

 

why MFS? when you need as much evidence as possible to Casa embassy to approve the visa

the foreign income of up to $107,600 is excluded by filing form 2555 with the returns

 

you have a big age difference as posted previous and you have to provide as much proof as possible to show a "bona fida" marriage and "real relationship"

and Casa is well aware of US taxes and the process anyone with red flags needs to do to start the commingling of assets

I think because I am still very confused about the process.  Did you really do this by yourself, or did you have the help of an accountant, if you don't mind me asking?  I did do things when I was in Morocco to try to get ready to file jointly, according to your advice, but I think now I didn't do it correctly, because I didn't fully understand.  Before I left Morocco, we printed off the W7 and he signed it which I think was good. Then I printed off IRS form 2848 Power of Attorney and Declaration of Representation and had him sign it.  I think the form 2848 was a mistake.  I think now that I was supposed to get a letter that gave Power of Attorney to me in Arabic and have it translated into English.  But I didn't understand that at the time.  When you  said "get power of attorney" I just assumed it was a form.   It would really help if you could explain to me the exact steps that my husband in Morocco needs to do in order to get the documents he needs (and where to get them from) to get an ITIN and to enable me to sign the tax return for him.  The steps in order (1., 2., 3., )  Explain it as you would to a five year old.  I would really appreciate it!  

 

 

[JeanneAdil 6,489]

POA does not have to be in Arabic for what you need /  doing Arabic and English translations are for immigration

if you have the POA to sign the tax return in his name and your W7 with the supporting evidence like copy of the marriage license and ID proof, u can file yourself

i did it all myself 

 

W7 is the form for the ITIN

you will sign his name as you have a POA

[Linnn 108]

21 hours ago, sarabou17 said:

I recently married and we just submitted our i130 petition.   I am at the point of filing taxes for the first time since we got married.  Does Married Filing Jointly really have an effect in the visa approval process?  

In my interview today he said if you don't file jointly it does raise suspicion. 

[Chancy 6,241]

25 minutes ago, Linnn said:

In my interview today he said if you don't file jointly it does raise suspicion. 

 

But your interview was for Adjustment of Status in the US.  I assume you and your spouse live together.  Different situation and immigration process from the OP.  OP is pursuing consular processing for a visa for her spouse living outside the US.  There is nothing suspicious about spouses living in different countries filing taxes separately.

 

[Crazy Cat 41,804]

49 minutes ago, Linnn said:

In my interview today he said if you don't file jointly it does raise suspicion. 

Why would it raise suspicion?  Different income situations might benefit from different tax strategies.  There is no legal requirement to file a joint return.  

Edited March 25, 2021 by Lucky Cat

[Rocio0010 5,579]

2 hours ago, Linnn said:

In my interview today he said if you don't file jointly it does raise suspicion. 

It shouldn’t though. Some people get a bigger refund if MFS and has nothing to do with the bona fide of a relationship. What raises suspicion and it’s actually fraud (if it’s intentional) is to file single if you’re married, or viceversa.

[Linnn 108]

5 hours ago, Lucky Cat said:

Why would it raise suspicion?  Different income situations might benefit from different tax strategies.  There is no legal requirement to file a joint return.  

I'm just stating what the officer today said. 

[Linnn 108]

3 hours ago, ra0010 said:

It shouldn’t though. Some people get a bigger refund if MFS and has nothing to do with the bona fide of a relationship. What raises suspicion and it’s actually fraud (if it’s intentional) is to file single if you’re married, or viceversa.

I know and am only stating what he said today during the interview. 

[Rocio0010 5,579]

4 minutes ago, Linnn said:

I know and am only stating what he said today during the interview. 

I understand. I’m just amazed by the lack of preparation from the IO. Especially considering that their job is to make a decision that has a profound impact on people’s lives.