K1 visa tax question

[mrveg 11]

I've done a ton of research but obviously everyone's situation is slightly different. So, let me summarize and see if I'm right or not. My wife came over to America April 2022 on a K1 visa. We got married and then applied for I-765/I-485. Neither got approved yet. She's been living in America since. I see people saying we have 2 options.

 

1. Married filing jointly with a W-7 application.

2. Married filing single and then amend after she gets her papers to MFJ.

 

To me, option 1 will get you the better return quicker, if you need the money. It requires more effort though because you'll need to go to the IRS for someone to send your documents (passport).

 

Option 2 is easier because less paperwork now and filing an amendment will be far easier once you get a SSN. However, you'd lose an exemption so owe more in taxes now.

 

However, when I look up option 1, the W-7 application says "If you have an application for an SSN pending, don’t file Form W-7. Complete Form W-7 only if the SSA notifies you that you’re ineligible for an SSN." Doesn't that mean anyone currently in AOS can't apply with a W-7? I checked the box to get a SSN when filling out the forms.

 

If I choose option 2, are there any services that allow me to efile without a SSN/ITIN?
 

Edited February 13, 2023 by mrveg

[Crazy Cat 41,662]

Option 2 is "Married- Filing Separately"...not single.

You summed up the situation pretty well.  I would choose option 2.  When I filed MFS in 2015 & 2016, no software package would allow filing electronically using the "NRA" annotation.  I think that has changed.

Calling tax expert @Wuozopo

Edited February 13, 2023 by Crazy Cat

[mrveg 11]

7 minutes ago, Crazy Cat said:

Option 2 is "Married- Filing Separately"...not single.

You summed up the situation pretty well.  I would choose option 2.  When I filed MFS in 2015 & 2016, no software package would allow filing electronically using the "NRA" annotation.  I think that has changed.

Calling tax expert @Wuozopo

Yes, typo, thanks for the correction. I'm leaning towards option 2 as well for the convenience. Do you know how state taxes work? I've seen people who chose option 1 saying they had to wait ~12 weeks for the ITIN before they were able to file state. What's the process for people who choose option 2?

[mrveg 11]

Also, why does Turbotax try to say my wife is a dependent?

[mrveg 11]

I went to a tax professional and they told me to just wait to get her SSN and just file then. They said the penalty won't apply to me cause I don't owe(been paying as single, would file as MFJ). However, I'd lose what I would have gotten as a refund from her, which is around 3k.

My other option is to just file MFS, then amend it later. With this option, I'd have to file twice and I still lose the credit.

The tax person said because she didnt have a SSN in 2022, that I can't receive anything from my wife? Something like this.

Is this correct?

[top_secret 2,385]

Just file an extension.  Estimate that won't owe anything because you won't once she gets her ss# so you can file correctly.  You were married in 2022 wether she had her ss# yet or not so married filing jointly is correct.