Should I have filed taxes as married?

[RO_AH 1,659]

I got an ITIN for my with and did MFJ. It is usually the best option. I had a friend that was in the Philippines close by my wife's city bring my wife's passport back with him to the US and send it to me. I filed for the ITIN when I did my taxes and due to the length of our immigration process did that for 3 years. This last year even though we received her SSN we still had to use ITIN until I can send a letter to IRS to transfer all data from her ITIN to her new SSN (fairly simple process).

 

All of this is more about having everything correct with the IRS as this should have no effect on your immigration process.

 

I recommend filing an amended return to fix the one you filed.

[Chancy 6,241]

50 minutes ago, Crazy Cat said:

I filed MFS in 2015 and 2016 before my wife received her SSN.  I only needed my spouse's name. 

 

30 minutes ago, Bat man said:

I also did MFS these past 2 tax years this is correct ⭐

 

Same with my USC husband.  He filed HOH (with dependent child) for 2019, then MFS (child no longer a dependent) for 2020.  I got my SSN only in 2021.  This year, we filed to amend both years' filings to MFJ.

 

[pushbrk 12,883]

13 hours ago, cvdrpr23 said:

Hi everyone!

 

I feel like such an idiot for asking this question and potentially messing up my husbands documents for this.

 

My husband and I got married in 2021. I am the petitioner (U.S citizen) and he is the beneficiary. He is not from the U.S and has never entered the U.S (doesn’t have a SSN). I was in such a rush this year completing my taxes trying to avoid the penalty that I filed as single instead of one of the married options. I did this b/c he doesn’t have a SSN and I assumed my marriage is not considered “real” as of now to the U.S gov.

 

 

Our CR1 visa application was sent to the NVC and I know i’ll have to submit my taxes. Will this affect us? And if so, what can i do?

 

Thanks in advance!

In the 17 years I've been involved with family based immigration, I've never seen tax filing status be an issue in any way, with NVC, Consulates, in a spouse visa process.  On the contrary, I've seen many cases of filing single, that had not only "no issues", but in which it was never even mentioned by NVC or a Consulate.  Consular Officers understand your primary reason for doing this and either don't notice or don't care.

 

Yes, it is improper to file as single when you are married, but there has never been a penalty for overpayment of taxes.  I financed my second visit to China with my tax refund, by filing early and as single.  Later, we amended the return.

 

Do not do this if you are employed by the IRS, but if you were, you'd already know that.

[RO_AH 1,659]

2 minutes ago, pushbrk said:

Yes, it is improper to file as single when you are married, but there has never been a penalty for overpayment of taxes.

😂😂😂

Very true, but if you care about your money and would to give the IRS the minimum required and keep as much of your money as possible. File married.

[Mike E 11,739]

Single pays less taxes than MFS. That’s indisputable. That’s under payment of taxes by a married person.   I’m out.  

[pushbrk 12,883]

1 minute ago, Mike E said:

Single pays less taxes than MFS. That’s indisputable. That’s under payment of taxes by a married person.   I’m out.  

OK.  I wouldn't know.  I'm an immigration person, not a tax expert.  Still, in 17 years......

 

The OP has no immigration issue.  Any tax issues can be resolved with an amended return after the spouse is in the USA and has an SSN.

 

[JeanneAdil 6,505]

2 hours ago, Crazy Cat said:

No, MFS does NOT require an ITIN.  I filed MFS in 2015 and 2016 before my wife received her SSN.  I only needed my spouse's name. 

IRS site says u have to have either SS of ITIN

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

read the site under the following heading

 

Social Security Number

If your spouse is neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or U.S. consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, they can file Form W-7 with the IRS to apply for an ITIN. Refer to Taxpayer Identification Numbers (TIN) for more information.

[Rocio0010 5,579]

5 hours ago, JeanneAdil said:

 

Then the IRS contradicts itself

[Chancy 6,241]

23 minutes ago, JeanneAdil said:

IRS site says u have to have either SS of ITIN

 

You keep posting that, yet you keep overlooking the IRS official instructions saying that entering "NRA" is acceptable in lieu of spouse SSN or ITIN.  I already posted the actual IRS instructions earlier in this thread.

 

[Chancy 6,241]

9 minutes ago, Rocio0010 said:

Then the IRS contradicts itself

 

Not really, but you need to read the fine print.  That member just isn't aware of the official IRS instructions for MFS filing without spouse SSN or ITIN.  The link and excerpt I posted before is very clear that entering "NRA" instead of spouse SSN/ITIN is allowed, even for e-filing for tax year 2021.

 

[Rocio0010 5,579]

19 minutes ago, Chancy said:

 

Not really, but you need to read the fine print.  That member just isn't aware of the official IRS instructions for MFS filing without spouse SSN or ITIN.  The link and excerpt I posted before is very clear that entering "NRA" instead of spouse SSN/ITIN is allowed, even for e-filing for tax year 2021.

 

Gotcha. That’s what I thought too and posted as well, but for a moment it made me doubt!

[cvdrpr23 2]

i didn’t expect this many responses, but I really appreciate all the help and info! You are all so awesome

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[Ctavarez90 244]

19 minutes ago, cvdrpr23 said:

i didn’t expect this many responses, but I really appreciate all the help and info! You are all so awesome

I am honestly very happy that everyone contributed to this topic because it gave me answers to questions I thought I knew the answers to but I didn’t. This is amazing!

[JeanneAdil 6,505]

12 hours ago, Rocio0010 said:

Then the IRS contradicts itself

the w 7 form itself changed about 3 years ago and when it changed ,  it also changed the part that says MFS needs ITIN

I looked thru my class notes for tax preparation and didn't find it yet 

but i do know the change happened when the new W7 form came out which also covers renewal of the ITIN in upper right hand corner

i looked up our form and it did not have the renewal box that the 2019 form 

 

https://apps.irs.gov/app/picklist/list/priorFormPublication.html?value=w-7&criteria=formNumber&submitSearch=Find

Edited May 12, 2022 by JeanneAdil