USC refuses to file taxes jointly. I130 and i485

[happymember 4]

11 hours 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.

Ok thanks I never knew that 

[happymember 4]

13 hours ago, Fe.Ta said:

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.

Sure will do

[happymember 4]

11 hours ago, SalishSea said:

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

No not married yet. I'm not even in the USA yet. The USC I will marry is just telling me In advance that they will put my name on lease open up a bank account together, pay bills etc but they will file taxes separately. They are worried they will get less in tax benefits at the end of the year if they file jointly. However someone mentioned on here I can file taxes as married but file them separately. That's why I was wondering will it hurt my i485 once I'm there just so I can feed it back to the USC.  My divorce in Egypt happened in the end. Thank god 🙏

[happymember 4]

10 hours ago, Mike E said:

Does she want you to file single too?

Yes sadly they do but I told USC that I think it's best we file jointly as this will save any hassle later however this is the only thing they won't do. Which is kinda hurting to be honest 😔

Edited April 23, 2023 by happymember

[happymember 4]

8 hours ago, top_secret said:

 

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. 

Is their a link I can show the USC that they will get lower taxes and more money back. I thought this too

[Joyoussinger 1,425]

3 minutes ago, happymember said:

Yes sadly they do but I told USC that I think it's best we file jointly as this will save any hassle later however this is the only thing they won't do. Which is kinda hurting to be honest 😔

This is just a thought, but are you and your USC fiancee clear about which tax year you're talking about? Could it be they misunderstood and think you're talking about the 2022 taxes which were due recently, and should have been filed as single?

[happymember 4]

9 minutes ago, Joyoussinger said:

This is just a thought, but are you and your USC fiancee clear about which tax year you're talking about? Could it be they misunderstood and think you're talking about the 2022 taxes which were due recently, and should have been filed as single?. 😔

Hey thanks for the reply USC is not my fiancee yet as I am still abroad. They have filled taxes for 2022 as single because I'm not living there yet. They are letting me know in advance after we get married that they will still file them as single once I am there. However I'm told by others when I apply for i485 it's going to hurt my application because we didn't file taxes jointly. 😞 I'm just researching this in advance before I go there because I don't want to mess up my application. 

Edited April 23, 2023 by happymember

[Joyoussinger 1,425]

12 minutes ago, happymember said:

Hey thanks for the reply USC is not my fiancee yet as I am still abroad. They have filled taxes for 2022 as single because I'm not living there yet. They are letting me know in advance after we get married that they will still file them as single once I am there. However I'm told by others when I apply for i485 it's going to hurt my application because we didn't file taxes jointly. 😞 I'm just researching this in advance before I go there because I don't want to mess up my application. 

I see. I just thought it would be an easy miscommunication to make. A married person cannot file as single, but you can each file separately although, as already stated, filing jointly is stronger evidence of comingling your finances. @OldUser gave good advice in suggesting you try doing it both ways and see which works out better for you.

[happymember 4]

1 minute ago, Joyoussinger said:

I see. I just thought it would be an easy miscommunication to make. A married person cannot file as single, but you can each file separately although, as already stated, filing jointly is stronger evidence of comingling your finances. @OldUser gave good advice in suggesting you try doing it both ways and see which works out better for you.

Hey thanks for letting me know I'll let Usc know about this thread too. 

[carmel34 3,620]

39 minutes ago, happymember said:

Hey thanks for the reply USC is not my fiancee yet as I am still abroad. They have filled taxes for 2022 as single because I'm not living there yet. They are letting me know in advance after we get married that they will still file them as single once I am there. However I'm told by others when I apply for i485 it's going to hurt my application because we didn't file taxes jointly.

If you are abroad there is no I-485 to file.  It's only I-130, after marriage.  Don't risk your future US immigration journey.

[Mike E 11,739]

1 hour ago, happymember said:

Yes sadly they do but I told USC that I think it's best we file jointly as this will save any hassle later however this is the only thing they won't do. Which is kinda hurting to be honest 😔

 

1 hour ago, happymember said:

Hey thanks for the reply USC is not my fiancee yet as I am still abroad. They have filled taxes for 2022 as single because I'm not living there yet.

Your spouse filed as single because your spouse is not married.

1 hour ago, happymember said:

They are letting me know in advance after we get married that they will still file them as single once I am there.

 

Once married, if you file as single, this is tax evasion and violates Good  Moral Character (GMC). GMC is required to get and maintain immigration benefits.

 

Once married you must file as MFS or MFJ. If you file MFS you will have to name your spouse and spouse’s SSN.  Will your spouse tell you the SSN? If not, you will have a problem the IRS.

 

Since your spouse will be evading taxes by filing as single, your spouse can expect penalties from the IRS.

 

Given your spouse’s desire to evade taxes, you do not want to file MFJ. I would avoid any joint accounts and joint ownership and I advise a prenuptial agreement. Finally do not enter the U.S. on a marriage immigration visa until you have been married for at least 2 years. This way you avoid I-751 (removal of conditions) which generally requires evidence of joint finances.

[happymember 4]

2 hours ago, Mike E said:

 

Your spouse filed as single because your spouse is not married.

 

Once married, if you file as single, this is tax evasion and violates Good  Moral Character (GMC). GMC is required to get and maintain immigration benefits.

 

Once married you must file as MFS or MFJ. If you file MFS you will have to name your spouse and spouse’s SSN.  Will your spouse tell you the SSN? If not, you will have a problem the IRS.

 

Since your spouse will be evading taxes by filing as single, your spouse can expect penalties from the IRS.

 

Given your spouse’s desire to evade taxes, you do not want to file MFJ. I would avoid any joint accounts and joint ownership and I advise a prenuptial agreement. Finally do not enter the U.S. on a marriage immigration visa until you have been married for at least 2 years. This way you avoid I-751 (removal of conditions) which generally requires evidence of joint finances.

Wow that is golden advice thanks for that Mike I'll let the USC know. If the USC still wants to file single I'll let them know I'm not prepared to do this as I don't want to be doing something that will be deemed as illegal and give me a mark against me. I truly appreciate that

[kris&me 572]

5 hours ago, happymember said:

No not married yet. I'm not even in the USA yet. The USC I will marry is just telling me In advance that they will put my name on lease open up a bank account together, pay bills etc but they will file taxes separately. They are worried they will get less in tax benefits at the end of the year if they file jointly. However someone mentioned on here I can file taxes as married but file them separately. That's why I was wondering will it hurt my i485 once I'm there just so I can feed it back to the USC.  My divorce in Egypt happened in the end. Thank god 🙏

then u do not understand 

he can not file as married if you 2 aren't married

and u will not adjust status in the US

he can apply K1 for fiancee or marry in Egypt and do a CR1 for spouse

 

but at this time he can not include u on his tax returns 

[JeanneAdil 6,489]

5 hours ago, happymember said:

Hey thanks for the reply USC is not my fiancee yet as I am still abroad. They have filled taxes for 2022 as single because I'm not living there yet. They are letting me know in advance after we get married that they will still file them as single once I am there. However I'm told by others when I apply for i485 it's going to hurt my application because we didn't file taxes jointly. 😞 I'm just researching this in advance before I go there because I don't want to mess up my application. 

you will come in as a spouse and will not do  I485  to adjust here'

let him  file however he wants but don't  sign a 1040 for him

do your own MFS (married filing separate)

when you file this way ,  u do put spouse's name and SS # on your form (but do not claim him)

let him deal with his IRS audit  when IRS catches he is married

[SteveInBostonI130 3,432]

8 hours ago, happymember said:

Hey thanks for the reply USC is not my fiancee yet as I am still abroad. They have filled taxes for 2022 as single because I'm not living there yet. They are letting me know in advance after we get married that they will still file them as single once I am there. However I'm told by others when I apply for i485 it's going to hurt my application because we didn't file taxes jointly. 😞 I'm just researching this in advance before I go there because I don't want to mess up my application. 

 

First, after you marry, the USC HAS TO FILE MFS or MFJ.  They cannot file as single, unless they have a strange desire to be in trouble with the IRS and want to spend a lot of time dealing with them.

 

Filing MFJ is one of the benefits of marriage.  I know some couples that do not get along and see the ability to file MFJ as the only positive part of their relationship.