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Shades8

Filing as a U.S. tax resident during CR1 process

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Hello.  I was in the US for 2 years on a L1A visa which expired at which time I move back to Canada at the start of 2022.  I am just recently now married to my US citizen spouse and we are applying for a CR visa shortly.  I will remain out of the country until the visa is approved.  However, I had planned to file my 2022 taxes as a US tax resident since I still have ties to the US and plan to return.  Would this cause any issue for the green card application? 

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50 minutes ago, Shades8 said:

I am just recently now married to my US citizen spouse

 

How recent?  If you were married on or before Dec 31, 2022, you and your spouse have the option of filing MFJ for 2022.

 

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Just now, Chancy said:

 

How recent?  If you were married on or before Dec 31, 2022, you and your spouse have the option of filing MFJ for 2022.

 

We married in 2023 so we can’t jointly file which is fine. But I wanted to be sure me filing as an individual for 2022 as a US tax resident won’t be an issue for my CR1 application.

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Just now, Shades8 said:

I wanted to be sure me filing as an individual for 2022 as a US tax resident won’t be an issue for my CR1 application.

 

No issue.  USCIS, NVC, and the consulate won't care that you filed US taxes.  What matters to US immigration is that your USC petitioner filed taxes for the 3 most recent tax years at least.

 

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Filed: Citizen (apr) Country: England
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12 hours ago, Shades8 said:

We married in 2023 so we can’t jointly file which is fine. But I wanted to be sure me filing as an individual for 2022 as a US tax resident won’t be an issue for my CR1 application.

Do you have US income in 2022 to report?  

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