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2022 Income Tax [merged threads]

By JerseyDomRep1 in Tax & Finances During US Immigration

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JerseyDomRep1 Apprentice

JerseyDomRep1   8

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Good afternoon recently got approved for my i130 looking to have all my paperwork ready for the affidavit. My question is what is the best way to claim my taxes for this year. As single or as married filing separate my spouse is still oversees and won’t be filing any taxes at all. Thanks I’m advance for your input.

Edited by TBoneTX
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Crazy Cat Grand Master

Crazy Cat   41,985

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You cannot legally file as single if you were married as of 12/31/2022.  Your spouse's location is irrelevant.   You can file as follows: 

 

As a married taxpayer, choose one:

1.  "Married- Filing Jointly" if your spouse has a SSN or ITIN (or you can apply for one). 

2.  "Head Of Household" if you qualify.

3.  "Married- Filing Separately."

 

If your tax preparer says you can file as "single" since your spouse is not yet in the US, he/she is wrong. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

JerseyDomRep1 Apprentice

JerseyDomRep1   8

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9 minutes ago, Crazy Cat said:

You cannot legally file as single if you were married as of 12/31/2022.  Your spouse's location is irrelevant. 

Thanks so much. Just wanted to make sure 

JerseyDomRep1 Apprentice

JerseyDomRep1   8

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Recently approved ready to file my taxes spouse is oversees I have an adult dependent. Can I just file head of household instead of married filing separate. Without having it affect my affidavit 

Crazy Cat Grand Master

Crazy Cat   41,985

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I don't see an issue. Legal tax strategy is not an immigration issue. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

JeanneAdil Grand Master

JeanneAdil   6,583

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follow the guides from IRS and decide

  not sure why u would not do MFJ

especially when it comes to spouse filing later for naturalization and should be on  tax returns 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-figuring-your-tax

Chancy Grand Master

Chancy   6,243

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1 hour ago, JerseyDomRep1 said:

Recently approved ready to file my taxes spouse is oversees I have an adult dependent. Can I just file head of household instead of married filing separate. Without having it affect my affidavit 

 

Filing as HOH is fine if you qualify.  That's how my USC spouse filed for the tax year that we got married.  No negative impact on my visa process.  After I moved to the US and got my SSN, we amended our filing to MFJ to get more tax refund.

 

TBoneTX Grand Master

TBoneTX   45,654

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Related threads have been merged.  Please post further tax questions in this thread only.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

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09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

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12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

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07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

JerseyDomRep1 Apprentice

JerseyDomRep1   8

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56 minutes ago, Chancy said:

 

Filing as HOH is fine if you qualify.  That's how my USC spouse filed for the tax year that we got married.  No negative impact on my visa process.  After I moved to the US and got my SSN, we amended our filing to MFJ to get more tax refund.

 

Thanks for the input good to know I was just a little worried this sound like a plan thanks. Did you see a significant revised refund when you amended if you don’t mind me asking 

JerseyDomRep1 Apprentice

JerseyDomRep1   8

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2 hours ago, JeanneAdil said:

follow the guides from IRS and decide

  not sure why u would not do MFJ

especially when it comes to spouse filing later for naturalization and should be on  tax returns 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-figuring-your-tax

Would you mind referring be to what are the benefits to doing it this way for naturalization purposes. Thanks 

iwannaplay54 Proficient

iwannaplay54   985

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Posted (edited)
8 hours ago, JerseyDomRep1 said:

Good afternoon recently got approved for my i130 looking to have all my paperwork ready for the affidavit. My question is what is the best way to claim my taxes for this year. As single or as married filing separate my spouse is still oversees and won’t be filing any taxes at all. Thanks I’m advance for your input.

Single is prohibited.  MFJ or MFS or HOH are your choices.

Whatever you do this year get your spouse’s income together, combine it with yours, exclude it as foreign earned income, and prepare to refile 1040X after he gets a SS number.  You’ll assuredly get more back.

Edited by iwannaplay54
JerseyDomRep1 Apprentice

JerseyDomRep1   8

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11 hours ago, iwannaplay54 said:

Single is prohibited.  MFJ or MFS or HOH are your choices.

Whatever you do this year get your spouse’s income together, combine it with yours, exclude it as foreign earned income, and prepare to refile 1040X after he gets a SS number.  You’ll assuredly get more back.

Thanks. I will go the HOH my spouse had no income we will refills once he gets his ss# and will also amend last years since we were married in 2021 

 
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