Can Filing Wrong Tax Relationship Status Hurt CR1 Visa Petition?

[TaskenLander 12]

Long story short – when I went to go file my taxes last month on TurboTax.com, hit a snag when filing ‘married separated’ due to my wife, who is awaiting a decision on our CR1 visa petition for her, obviously not having a SSN or ITIN. Talking it over with a CPA, I was advise I’d do better filing ‘married jointing’ as I’d qualify for a tax credit. I was recommended to just file for an extension and fill out a W-7 form to acquire an ITIN for my wife.

 

Cut to a week later, I discover you CANNOT in fact qualify for a tax credit when filing ‘married jointly’ if also filing for a ITIN. *eye roll*

 

So, now I just want to file my taxes and be done with it as I am now late and I owe by filing ‘married separately', so every day in theory I am accruing interest. My only option now is either file by mail, which I’ve never done, or just “fudge it” and file ‘single’ so I can be done with it and file and pay online right now. Thoughts? Recommendations?

Would it look bad come CR1 visa tax review if they see that I filed ‘single’ when I was obviously married all year (she absolutely never lived here at all during 2022, only visited for 50 days). I mean in the end, I’m doing so to pay the damn government money… Does it really even matter the status, given the roadblock presently in place?

Anyone have experience going through this? Any feedback would be greatly appreciated…

 

Okay, I guess I lied; wasn’t quite so short – sorry.

Edited May 7, 2023 by TaskenLander

[Crazy Cat 40,158]

You cannot legally file as single.  Just file "Married Filing Separately", then amend it after your wife gets a Social Security number.  

This is normally an IRS matter, not an immigration matter. 

Edited May 7, 2023 by Crazy Cat

[Crazy Cat 40,158]

12 minutes ago, TaskenLander said:

Does it really even matter the status, given the roadblock presently in place?

What does that mean?

[Lemonslice 4,642]

I have only seen it ever being a problem when the relationship was raising many other red flags.  Filing your timeline and country of the beneficiary would help. 

File "married filing separately" (you are certainly NOT single), and amend your taxes later.  

[TaskenLander 12]

6 minutes ago, Crazy Cat said:

What does that mean?

That I cannot file online married w/ a spouse that does not have a SSN or ITIN. I'd have to print, fill out by hand, file by mail, write a check, etc. and I'd much prefer, if possible, to file/pay electronically now and just be done with it/know that they have received it. 

[TaskenLander 12]

8 minutes ago, Lemonslice said:

I have only seen it ever being a problem when the relationship was raising many other red flags.  Filing your timeline and country of the beneficiary would help. 

File "married filing separately" (you are certainly NOT single), and amend your taxes later.  

You mean file single online now, then amend it later, after I've filed for and received an ITIN for her?

[Crazy Cat 40,158]

1 minute ago, TaskenLander said:

I'd have to print, fill out by hand, file by mail, write a check, etc. 

Many of us have done it.  Fill in online, print, sign, and mail.  

[Lemonslice 4,642]

1 minute ago, TaskenLander said:

You mean file single online now, then amend it later, after I've filed for and received an ITIN for her?

You are NOT single, you would be filing  married, filing separately.  Contact Turbotax to know how to - usually you can use a dummy SSN (all zeros, or something), when your spouse is not a resident.  Again, you are not single, keep it simple.  File as married, filing separately, and amend later.  

[Lemonslice 4,642]

1 minute ago, Crazy Cat said:

Many of us have done it.  Fill in online, print, sign, and mail.  

Millions are still filing paper by mail, just do it! 

[TaskenLander 12]

2 minutes ago, Lemonslice said:

Millions are still filing paper by mail, just do it! 

Haha, fair enough. Just have never filed by hand; afraid to screw something up and not realize it weeks, months later. But y'all are right; time to ADULT UP I guess. Thanks for the replies. 

[Lemonslice 4,642]

1 minute ago, TaskenLander said:

Haha, fair enough. Just have never filed by hand; afraid to screw something up and not realize it weeks, months later. But y'all are right; time to ADULT UP I guess. Thanks for the replies. 

Enjoy the time traveling experience and the pleasure of picking cute stamps at the post office  

[pushbrk 12,330]

31 minutes ago, TaskenLander said:

Long story short – when I went to go file my taxes last month on TurboTax.com, hit a snag when filing ‘married separated’ due to my wife, who is awaiting a decision on our CR1 visa petition for her, obviously not having a SSN or ITIN. Talking it over with a CPA, I was advise I’d do better filing ‘married jointing’ as I’d qualify for a tax credit. I was recommended to just file for an extension and fill out a W-7 form to acquire an ITIN for my wife.

 

Cut to a week later, I discover you CANNOT in fact qualify for a tax credit when filing ‘married jointly’ if also filing for a ITIN. *eye roll*

 

So, now I just want to file my taxes and be done with it as I am now late and I owe by filing ‘married separately', so every day in theory I am accruing interest. My only option now is either file by mail, which I’ve never done, or just “fudge it” and file ‘single’ so I can be done with it and file and pay online right now. Thoughts? Recommendations?

Would it look bad come CR1 visa tax review if they see that I filed ‘single’ when I was obviously married all year (she absolutely never lived here at all during 2022, only visited for 50 days). I mean in the end, I’m doing so to pay the damn government money… Does it really even matter the status, given the roadblock presently in place?

Anyone have experience going through this? Any feedback would be greatly appreciated…

 

Okay, I guess I lied; wasn’t quite so short – sorry.

The short answer to the question in your title is....NO....  While it may be "improper" or even technically illegal, there is no penalty for overpayment of your taxes.  (That's the effective result you are looking at.)  You can amend the return later.  The only time or place you'll even get a finger wag about it, would be here in this forum.

[Lemonslice 4,642]

9 minutes ago, pushbrk said:

The short answer to the question in your title is....NO....  While it may be "improper" or even technically illegal, there is no penalty for overpayment of your taxes.  (That's the effective result you are looking at.)  You can amend the return later.  The only time or place you'll even get a finger wag about it, would be here in this forum.

Since I have had content removed that was advising something even less "illegal", I now try to follow the TOS to a T, and would never dare to advise someone to misrepresent their marital status. 

[SteveInBostonI130 3,332]

43 minutes ago, TaskenLander said:

Long story short – when I went to go file my taxes last month on TurboTax.com, hit a snag when filing ‘married separated’ due to my wife, who is awaiting a decision on our CR1 visa petition for her, obviously not having a SSN or ITIN. Talking it over with a CPA, I was advise I’d do better filing ‘married jointing’ as I’d qualify for a tax credit. I was recommended to just file for an extension and fill out a W-7 form to acquire an ITIN for my wife.

 

Cut to a week later, I discover you CANNOT in fact qualify for a tax credit when filing ‘married jointly’ if also filing for a ITIN. *eye roll*

 

So, now I just want to file my taxes and be done with it as I am now late and I owe by filing ‘married separately', so every day in theory I am accruing interest. My only option now is either file by mail, which I’ve never done, or just “fudge it” and file ‘single’ so I can be done with it and file and pay online right now. Thoughts? Recommendations?

Would it look bad come CR1 visa tax review if they see that I filed ‘single’ when I was obviously married all year (she absolutely never lived here at all during 2022, only visited for 50 days). I mean in the end, I’m doing so to pay the damn government money… Does it really even matter the status, given the roadblock presently in place?

Anyone have experience going through this? Any feedback would be greatly appreciated…

 

Okay, I guess I lied; wasn’t quite so short – sorry.

 

??

 

You do realize that by married filing jointly, with the W7 application, you get double the standard deduction and the tax tables are much more favorable?  I would not be surprised if you are due a refund compared to filing MFS.

 

 

[TaskenLander 12]

12 minutes ago, Lemonslice said:

Enjoy the time traveling experience and the pleasure of picking cute stamps at the post office  

Lol. You think I can get an 'Alf' stamp?? 

 

Real (embarrassing) question -- since I was able to save a PDF of my Form 1040 when I went to go file w/ TurboTax, it should just be as simple as copying what I put in those fields onto the printed blank copy I just printed, no? Yes, I know this is another tax, non visa, question but you seem like "good people", so I thought I'd ask! 😊

 

Thanks in advance, newbie