Is it wise to MFJ with NRA spouse in the year where you have to upload tax transcript to NVC?

[Jordanian Bride 268]

We really need your advice. So here's the story..

• Husband is the USC.  Our I-130 is in Vermont, and will probably get approved April 2023 or later.
• 2022 is husband's first year making qualifying income to sponsor an immigrant.
• Husband has filed his taxes previous years, but tax transcript 2022 will be our supporting document for the I-864EZ.
• Joint sponsor is not an option.

 

For tax year 2023, want to paper file, apply for an ITIN, and MFJ, etc. All of the above considered, 1) will that be a good decision to make, given that we'll need the tax transcript 2022 for the affidavit of support?

2) How much does it take from paper filing at the beginning of tax season until the tax transcript is ready? Will that delay the NVC stage?

 

 

[Chancy 6,241]

*** Removed duplicate thread in another sub-forum.  If you mistakenly post on the wrong forum, click "Report post" to request your thread to be moved.  FYI ***

 

[Wuozopo 4,293]

23 hours ago, Jordanian Bride said:

For tax year 2023, want to paper file, apply for an ITIN, and MFJ, etc. All of the above considered, 1) will that be a good decision to make, given that we'll need the tax transcript 2022 for the affidavit of support?

2) How much does it take from paper filing at the beginning of tax season until the tax transcript is ready? Will that delay the NVC stage?

My personal opinion on this is— separate what you do with IRS from immigration. File your taxes in the way that gives you the best tax break and more money in your pocket. It’s an extra hassle to get the ITIN while abroad, but if you’re up to the challenge, then go for it because MFJ will likely be you best tax break.  Furthermore I wouldn’t worry about what would immigration think of MFJ vs Married Filing Separately. Both ways say you are married and give the name of your spouse.

 

I think your main question is “will you have a tax transcript in time for NVC?”  I don’t think it matters. A transcript is great, but if you can’t get one then you submit a photocopy of all the IRS forms and schedules plus the W2 (or 1099) wage statement from the employer. It’s the same paper tax return you will have submitted to the IRS with the ITIN application. NVC has to accept that. 
 

To your question about how long the IRS will take to process your ITIN/tax return, I can refer you to a thread to wade through and come up with your own data. It’s experiences from 2020 filing. That’s the only reference I can think of for timelines. And of course it could be better or worse next year in the 2022 filing season, so I have to question why you even ask. Timelines for processes change with the wind.

And here is the 2021 version of that thread, but it doesn’t have much response yet. You can keep an eye on it and maybe it will fill out with some useful data as returns get processed.

 

Edited May 24, 2022 by Wuozopo

[top_secret 2,421]

23 hours ago, Jordanian Bride said:

We really need your advice. So here's the story..

• Husband is the USC.  Our I-130 is in Vermont, and will probably get approved April 2023 or later.
• 2022 is husband's first year making qualifying income to sponsor an immigrant.
• Husband has filed his taxes previous years, but tax transcript 2022 will be our supporting document for the I-864EZ.
• Joint sponsor is not an option.

 

For tax year 2023, want to paper file, apply for an ITIN, and MFJ, etc. All of the above considered, 1) will that be a good decision to make, given that we'll need the tax transcript 2022 for the affidavit of support?

2) How much does it take from paper filing at the beginning of tax season until the tax transcript is ready? Will that delay the NVC stage?

 

 

 

Were you already married at any time in 2021 or earlier???  If so he could file a W7 with an amended 2021 return right now and get the ITIN issued.  Then you could file 2022 taxes electronically when the time comes.

 

In our case we filed MFJ with a W7 and election to be treated as resident statement in the months before our I-130 was approved in 2021. When our case went to NVC we had no transcript to show so we submitted our 1040, schedules, W2's and 1099's.  My wife's case completed just fine with that.  It did not delay our case at all.

 

For filing jointly, our return was over $10,000 greater than if I had filed married filing separately.  That is USD $10,000 actual real money in our bank account difference.  So in our it was DEFINITLTLY a good decision.  Everyone's tax circumstance will be different and for some couples it could even be more costly filing jointly but it is definitely worth running the numbers both ways to see what the difference actually is.  MFJ is probably most favorable when the USC spouse has a higher income and the overseas spouse has a much lower income.  Which is not an uncommon circumstance.   It's probably less favorable when the US spouse is lower income and the overseas spouse has substantial income.

[Jordanian Bride 268]

On 5/24/2022 at 10:28 PM, Wuozopo said:

My personal opinion on this is— separate what you do with IRS from immigration. File your taxes in the way that gives you the best tax break and more money in your pocket. It’s an extra hassle to get the ITIN while abroad, but if you’re up to the challenge, then go for it because MFJ will likely be you best tax break.  Furthermore I wouldn’t worry about what would immigration think of MFJ vs Married Filing Separately. Both ways say you are married and give the name of your spouse.

 

I think your main question is “will you have a tax transcript in time for NVC?”  I don’t think it matters. A transcript is great, but if you can’t get one then you submit a photocopy of all the IRS forms and schedules plus the W2 (or 1099) wage statement from the employer. It’s the same paper tax return you will have submitted to the IRS with the ITIN application. NVC has to accept that. 
 

To your question about how long the IRS will take to process your ITIN/tax return, I can refer you to a thread to wade through and come up with your own data. It’s experiences from 2020 filing. That’s the only reference I can think of for timelines. And of course it could be better or worse next year in the 2022 filing season, so I have to question why you even ask. Timelines for processes change with the wind.

And here is the 2021 version of that thread, but it doesn’t have much response yet. You can keep an eye on it and maybe it will fill out with some useful data as returns get processed.

 

Thank you so much, very informative answer!

On 5/24/2022 at 11:23 PM, top_secret said:

 

Were you already married at any time in 2021 or earlier???  If so he could file a W7 with an amended 2021 return right now and get the ITIN issued.  Then you could file 2022 taxes electronically when the time comes.

 

In our case we filed MFJ with a W7 and election to be treated as resident statement in the months before our I-130 was approved in 2021. When our case went to NVC we had no transcript to show so we submitted our 1040, schedules, W2's and 1099's.  My wife's case completed just fine with that.  It did not delay our case at all.

 

For filing jointly, our return was over $10,000 greater than if I had filed married filing separately.  That is USD $10,000 actual real money in our bank account difference.  So in our it was DEFINITLTLY a good decision.  Everyone's tax circumstance will be different and for some couples it could even be more costly filing jointly but it is definitely worth running the numbers both ways to see what the difference actually is.  MFJ is probably most favorable when the USC spouse has a higher income and the overseas spouse has a much lower income.  Which is not an uncommon circumstance.   It's probably less favorable when the US spouse is lower income and the overseas spouse has substantial income.

Thank you a bunch!!