USC refuses to file taxes jointly. I130 and i485

[happymember 4]

Hi

The Usc is saying they will not file taxes jointly but separately. US citizen says it will create problems for them including overpayments and will get less money back at the end of the year. 

 

Will this harm my i130 i485 and n400 ?. If so anyway I can get around this legally ??

 

Thanks 

[powerpuff 6,674]

Are you adjusting status in the US?

[happymember 4]

23 minutes ago, powerpuff said:

Are you adjusting status in the US?

Yes

[powerpuff 6,674]

~~ Topic moved to AOS work/student/tourist visas ~~
 

You mean your USC spouse wants to file Married Filing Separately (MFS) rather than married filing jointly (MFJ), correct?

 

Or she wants to file single? 

Edited April 22, 2023 by powerpuff

[OldUser 6,600]

@happymember married filed jointly is evidence of comingling finances and helps the case. Married filed separately may be peceived by some IO as the opposite and may not affect case at all or may hurt it.

 

Why don't you try running numbers in Turbotax or with CPA for both scenarios? If married filed jointly gets you as a family, better return, it would be very silly for your significant other to go other route.

 

 

Edited April 22, 2023 by OldUser

[happymember 4]

22 minutes ago, powerpuff said:

~~ Topic moved to AOS work/student/tourist visas ~~
 

You mean your USC spouse wants to file Married Filing Separately (MFS) rather than married filing jointly (MFJ), correct?

 

Or she wants to file single? 

She wants to file single 

[powerpuff 6,674]

Just now, happymember said:

She wants to file single 

Yeah, that’s definitely a red flag and will cause problems with AOS/ROC/N-400.

[Fe.Ta 874]

5 minutes ago, happymember said:

She wants to file single 

Besides the issue with immigration, if you are legally married and you both file as "single", it can create a bigger issue with the IRS and the government in general.  So, do be careful.

Edited April 22, 2023 by Fe.Ta
NA

[belinda63 3,037]

When did you marry?

If you married prior to midnight Dec 31 2022 then he has to file married filing jointly or married filing separately. 

If you married after midnight Dec 31 2022 then he has to file single or head of household.

[powerpuff 6,674]

5 minutes ago, belinda63 said:

When did you marry?

If you married prior to midnight Dec 31 2022 then he has to file married filing jointly or married filing separately. 

If you married after midnight Dec 31 2022 then he has to file single or head of household.

In the previous thread from March 2023, OP indicated they were waiting for a divorce decree from previous marriage in order to marry their USC spouse 

[SalishSea 17,798]

12 minutes ago, powerpuff said:

In the previous thread from March 2023, OP indicated they were waiting for a divorce decree from previous marriage in order to marry their USC spouse 

That doesn't add up....

 

OP, are you talking about your previous spouse, or have you remarried in the past month?  If the latter, it isn't something you would even need to think about until next year.

[SalishSea 17,798]

3 hours ago, happymember said:

Yes

So you married without your divorce in Egypt being finalized, arrived on an ESTA, and now want to adjust status?

[Mike E 11,739]

2 hours ago, happymember said:

She wants to file single 

Does she want you to file single too?

[top_secret 2,400]

6 hours ago, happymember said:

US citizen says it will create problems for them including overpayments and will get less money back at the end of the year. 

 

Do you earn substantially more money than the US Citizen spouse????  if not, filing jointly would almost certainly result in lower taxes and MORE money back at the end of the year.  If I were a USCIS officer I would probably seriously question why a married couple would chose to pay substantially more taxes in order to keep their finances separated. 

[happymember 4]

13 hours ago, powerpuff said:

Yeah, that’s definitely a red flag and will cause problems with AOS/ROC/N-400.

Ok thanks 

13 hours ago, OldUser said:

@happymember married filed jointly is evidence of comingling finances and helps the case. Married filed separately may be peceived by some IO as the opposite and may not affect case at all or may hurt it.

 

Why don't you try running numbers in Turbotax or with CPA for both scenarios? If married filed jointly gets you as a family, better return, it would be very silly for your significant other to go other route.

 

 

That's a great idea I will do that