NVC stage - Married filing separately

[Sabela 16]

Our I-130 was just approved and are preparing for NVC stage. We were planning to do our taxes “married filing separately” bc it’s more beneficial to us. However, I’m concerned bc I read that couples should file their taxes together to avoid raising red flags. I’m worried now. Is this true? Thanks for your help in advance.

[arken 4,197]

5 minutes ago, Sabela said:

I read that couples should file their taxes together to avoid raising red flags

Don't read such things. Don't worry.

[JeanneAdil 6,510]

MFJ is important for high fraud countries

u r fine doing MFS

Spain is not an issue

[Redro 4,611]

2 hours ago, Sabela said:

Our I-130 was just approved and are preparing for NVC stage. We were planning to do our taxes “married filing separately” bc it’s more beneficial to us. However, I’m concerned bc I read that couples should file their taxes together to avoid raising red flags. I’m worried now. Is this true? Thanks for your help in advance.

Red flags are raised when a person files SINGLE and they were married at the time. 

MFJ or MFS are both fine. Especially as you are low fraud country. 

[Sabela 16]

We'll do married filing separate, then. Thank you all for your responses!

[powerpuff 6,703]

~ Topic moved from CR1/IR1 Progress Reports to Process ~

 

[greenparrot 13]

It is a royal pain applying for an ITIN for a spouse living abroad so I don't see how they can expect that. I am planning to file MFS and by my husband's name put 'NRA'(non resident alien).

[pushbrk 12,892]

On 2/4/2022 at 7:58 AM, Kor2USA said:

Red flags are raised when a person files SINGLE and they were married at the time. 

MFJ or MFS are both fine. Especially as you are low fraud country. 

Actually, there is no red flag with Consular Officers when married US Citizens file as single.  It happens all the time and is "understood".  If the USC is an employee of the IRS, that's a different story.  MFS, is perfectly acceptable regardless of the country.

[Redro 4,611]

14 minutes ago, pushbrk said:

Actually, there is no red flag with Consular Officers when married US Citizens file as single.  It happens all the time and is "understood".  If the USC is an employee of the IRS, that's a different story.  MFS, is perfectly acceptable regardless of the country.

Thanks I've been reading too many high fraud country cases where it is advised to apply for an ITIN and file MFJ... so I assumed filing single when married would raise flags in those cases. 

Good to know the way you file taxes isn't a factor in determining bonafide marriage. 

Edited February 5, 2022 by Kor2USA

[pushbrk 12,892]

7 hours ago, Kor2USA said:

Thanks I've been reading too many high fraud country cases where it is advised to apply for an ITIN and file MFJ... so I assumed filing single when married would raise flags in those cases. 

Good to know the way you file taxes isn't a factor in determining bonafide marriage. 

It's a reasonable assumption.  Going to the trouble to get an ITIN shows commitment from the USC and a willingness to risk losing a passport from the foreigner.  I suppose it's a positive.  However, I've been "observing +" these processes for 16 years and have never seen a report about a Consular Officer being concerned about the USC spouse filing a tax return as single.  It's an overpayment of taxes, temporarily, so they can file online easily.  It's "improper" certainly but not illegal and I've seen no evidence of it being a red flag to a Consular Officer.  

[Sabela 16]

This is great input. Thank you all for the information.

[pushbrk 12,892]

On 2/5/2022 at 10:26 PM, Kor2USA said:

Thanks I've been reading too many high fraud country cases where it is advised to apply for an ITIN and file MFJ... so I assumed filing single when married would raise flags in those cases. 

Good to know the way you file taxes isn't a factor in determining bonafide marriage. 

It isn't a negative factor.  Going to the trouble of filing jointly CAN be a positive, but if that's the thing that will make the difference, there are other problems.

 

[Ctavarez90 244]

On 2/5/2022 at 5:08 PM, pushbrk said:

It's a reasonable assumption.  Going to the trouble to get an ITIN shows commitment from the USC and a willingness to risk losing a passport from the foreigner.  I suppose it's a positive.  However, I've been "observing +" these processes for 16 years and have never seen a report about a Consular Officer being concerned about the USC spouse filing a tax return as single.  It's an overpayment of taxes, temporarily, so they can file online easily.  It's "improper" certainly but not illegal and I've seen no evidence of it being a red flag to a Consular Officer.  

This is great news because I filed my taxes as single due to the fact they do not file your foreign marriage certificate in the state of North Carolina. The Secretary of State told me you just hold on to it for when you need it such as filing my taxes when my husband gets his visa to come. The tax rep actually advised me to file single because of that

[pushbrk 12,892]

14 minutes ago, Ctavarez90 said:

This is great news because I filed my taxes as single due to the fact they do not file your foreign marriage certificate in the state of North Carolina. The Secretary of State told me you just hold on to it for when you need it such as filing my taxes when my husband gets his visa to come. The tax rep actually advised me to file single because of that

That you don't file your foreign marriage certificate with your US State, is a fact that has nothing to do with filing taxes.  Totally separate issue.  Evidently your tax rep is aware there's no actually penalty for overpayment of taxes (A probable result when filing as single when actually married) AND that you can amend the tax return later.  It's also possible they were just being lazy. If they didn't mention amending your return later, then lazy it is.

[Ctavarez90 244]

1 minute ago, pushbrk said:

That you don't file your foreign marriage certificate with your US State, is a fact that has nothing to do with filing taxes.  Totally separate issue.  Evidently your tax rep is aware there's no actually penalty for overpayment of taxes (A probable result when filing as single when actually married) AND that you can amend the tax return later.  It's also possible they were just being lazy. If they didn't mention amending your return later, then lazy it is.

But in the long run this will not hurt me when the NVC looks at my taxes and see I filed single correct? It was too much of a hassle to get my husband to mail me his passport and send a paper overseas for ITIN