Can Filing Wrong Tax Relationship Status Hurt CR1 Visa Petition?

[TaskenLander 12]

2 minutes ago, SalishSea said:

I would for sure.  However, I don't know how long ITINs are currently taking to be issued.  If < 6 months, I'd say try it.

 

If your spouse gets scheduled for an interview before that, you can always file as MFS (so that you'll have evidence of filing for the interview), and amend your filing status to MFJ later.  

Just got off the phone with her ha — I believe we are going to try to do just that. Just a little anxious if I’m wrong about all this and MUST file ‘MFS’ then I’ll owe all that additional interest. 😓

 

Or would all that just be a moot point once I DO have an ITIN for her and can officially just file ‘MFJ’? 

[JeanneAdil 6,329]

You say:

 

I can be done with it and file and pay online right now. Thoughts? Recommendations?

 

IRS says

An extension to file is not an extension to pay taxes. If you owe taxes, you should pay them before the due date to avoid potential penalties and interest on the amount owed.

 

https://www.irs.gov/newsroom/if-you-need-more-time-to-file-your-taxes-request-an-extension

 

you are filing way past the deadline and  u owe so  yes,  penality and interest 

[JeanneAdil 6,329]

9 hours ago, TaskenLander said:

Just got ofif the phone with her ha — I believe we are going to try to do just that. Just a little anxious if I’m wrong about all this and MUST file ‘MFS’ then I’ll owe all that additional interest. 😓

 

Or would all that just be a moot point once I DO have an ITIN for her and can officially just file ‘MFJ’? 

if u have ITIN,  yes,  i would use it for the standard deduction  as the extra $12,900 sure helps what u will owe

 

The 2022 standard deduction is $12,950 for single filers and those married filing separately, $25,900 for joint filers, and $19,400 for heads of household. $12,950.5 days ago

 

Does it matter for immiration,  u need to file Married to help prove u r and it matters with high fraud countries

Do a timeline  ,  ID the country for the best answers because of embassy involved /mine looks for MFJ/or MFS

Edited May 8, 2023 by JeanneAdil

[BLC 112]

16 hours ago, TaskenLander said:

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. 

Yes, you can file online married/separately without ITIN (if you are not sending in app for ITIN that is). Use the proper software, though, as some of them are not equipped to handle this input. I used Tax Act this year for mine. But the previous years I used OLT. 

Edited May 8, 2023 by BLC
edit, more info added

[Crazy Cat 40,182]

11 hours ago, TaskenLander said:

According to IRS.gov, I can't though: https://www.irs.gov/instructions/iw7#en_US_202112_publink10002180

 

"The ITIN can’t be used to claim certain federal tax credits.

Individuals filing tax returns using an ITIN aren’t eligible for the earned income credit (EIC)."

 

Am I understanding this wrong? Thanks.

 

 

Earned income credit is not the same as the tax reduction for filing jointly.....those are 2 separate entities.  You can file for an ITIN and MFJ together.

Edited May 8, 2023 by Crazy Cat

[TexasRafael 113]

I will share my experience.  In Feb 2022, I filed my taxes,(did them on TurboTax but printed the forms,) because I mailed the together with the ITIN application for my spouse to the Austin Texas address.  I will shorten my experience, but during the year I had over 4 exchanges with the ITIN Office for a whole bunch of questions and one exchange with the IRS about not using an ITIN.  I replied back to the IRS my ordeal with the ITIN office and on December 31st, 2022, my refund was received at my bank.  I then went to the IRS website to obtain a copy of my 2021 Tax Transcript as I will need it for the Affidavit of Support and it shows they processed my return with all 9's in my spouse ss as I did it when i sent it in.  Fast forward to filing my 2022 Taxes and I did them exactly the same way and in 6 weeks I received my refund, and I also got a copy of my transcript from the IRS website and it is the same, married filing together and with all 9's in the SS field.  To this day i am still in the process of getting an ITIN and still working with the ITIN office in Austin to that effect.  For your information, filing married but separate is not a good thing to do either because you pay higher taxes and thus it cost you to do that.