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Is there any tax advantage/disadvantage of marriage/CR1 for spouse abroad?

By VirginiaYasin in Tax & Finances During US Immigration

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VirginiaYasin Apprentice

VirginiaYasin   0

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Hello dear community, I'm currently in progress of submitting CR1 application for my wife abroad. I am the US citizen.

 

  • I'm curious if there is any tips/recommendations for getting tax benefits during next 2023 tax session?
  • Is it a myth that we can get more return because we will be married?
  • My wife is not in the US, can I still change my status to married with IRS? do they need US marriage certificate?
  • my wife currently doesn't work and has no income, is this an advantage or disadvantage for my taxes?
  • If she works and gets paid, do/how i show her income in my tax returns?

 

I'm sorry if I asked too many questions but if you can reply, it can be helpful for other people.

 

If anyone has experience/knowledge and can share, I will appreciate. Thank you

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Crazy Cat Grand Master

Crazy Cat   41,884

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1 hour ago, VirginiaYasin said:

Hello dear community, I'm currently in progress of submitting CR1 application for my wife abroad. I am the US citizen.

 

  • I'm curious if there is any tips/recommendations for getting tax benefits during next 2023 tax session?
  • Is it a myth that we can get more return because we will be married?
  • My wife is not in the US, can I still change my status to married with IRS? do they need US marriage certificate?
  • my wife currently doesn't work and has no income, is this an advantage or disadvantage for my taxes?
  • If she works and gets paid, do/how i show her income in my tax returns?

 

I'm sorry if I asked too many questions but if you can reply, it can be helpful for other people.

 

If anyone has experience/knowledge and can share, I will appreciate. Thank you

After marriage, you cannot legally file as single.  Depending on your circumstances, you would file as "Married Filing Jointly", "Married Filing Separately", or "Head Of House Hold".  If filing jointly, you must show both you and spouse's world-wide income.   If filing jointly, foreign spouse must have either a SSN or ITIN.   For a foreign spouse, you simply list the income.  Be aware that there are certain exclusions for some foreign income.  There is also FBAR requirements to consider in some cases.  For those reasons, I suggest consulting a well-qualified tax advisor...especially the first year after the foreign spouse enters the US.

Good luck. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Just Paul Veteran

Just Paul   4,595

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There are no benefits of taxes in filing for a CR-1.  The "advantage" may apply once you are married and you can file jointly.  As previously mentioned the spouse would need a ITIN.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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VirginiaYasin Apprentice

VirginiaYasin   0

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10 hours ago, Paul & Mary said:

There are no benefits of taxes in filing for a CR-1.  The "advantage" may apply once you are married and you can file jointly.  As previously mentioned the spouse would need a ITIN.

thanks, i was meaning "getting married and filing as married" when i said filing for a cr1(you need to be married to file cr1)

so my wife is abroad and she has no social security number or ITIN. does that mean, i don't really get any benefit?

sorry i'm confused and not familiar with tax area.

 

my short question is, what do i need to do to get any tax benefit with foreign wife, who lives abroad and has no social security number or ITIN?

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Crazy Cat Grand Master

Crazy Cat   41,884

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3 minutes ago, VirginiaYasin said:

thanks, i was meaning "getting married and filing as married" when i said filing for a cr1(you need to be married to file cr1)

so my wife is abroad and she has no social security number or ITIN. does that mean, i don't really get any benefit?

sorry i'm confused and not familiar with tax area.

 

my short question is, what do i need to do to get any tax benefit with foreign wife, who lives abroad and has no social security number or ITIN?

 File as "Married Filing Separately" until your spouse has a SSN.  Then amend your taxes after the fact.   You might call it a delayed benefit.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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VirginiaYasin Apprentice

VirginiaYasin   0

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10 minutes ago, Crazy Cat said:

 File as "Married Filing Separately" until your spouse has a SSN.  Then amend your taxes after the fact.   You might call it a delayed benefit.

oh i see, thank you. 

so there is no really "big" benefit until spouse has SSN and amend the taxes after she arrives to usa. 

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Crazy Cat Grand Master

Crazy Cat   41,884

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1 minute ago, VirginiaYasin said:

oh i see, thank you. 

so there is no really "big" benefit until spouse has SSN and amend the taxes after she arrives to usa. 

You can't file a joint return until spouse has either a SSN or ITIN.   You can amend from "MFS" to a joint return later.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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VirginiaYasin Apprentice

VirginiaYasin   0

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1 minute ago, Crazy Cat said:

You can't file a joint return until spouse has either a SSN or ITIN.   You can amend from "MFS" to a joint return later.

i see. thanks again. if i file "Married Filing Separately" and he is in her country( no ssn), does that help my taxes at all? do i get a bigger refund BEFORE ammending the taxes?

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Crazy Cat Grand Master

Crazy Cat   41,884

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Just now, VirginiaYasin said:

i see. thanks again. if i file "Married Filing Separately" and he is in her country( no ssn), does that help my taxes at all? do i get a bigger refund BEFORE ammending the taxes?

No.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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carmel34 Experienced

carmel34   3,633

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Once married, you can either file US tax return as "married separately" by writing "NRA" (non-resident alien) in the SSN, or "married jointly" with a completed W-7 (application for ITIN) which is a bit complicated but has the advantage that you get the tax benefit immediately without having to wait to file an amended tax return in future years.  Those are the two options.

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JeanneAdil Grand Master

JeanneAdil   6,510

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there certainly is

 

Standard deduction increase: The standard deduction for 2023 (which'll be useful when you file in 2024) increases to $13,850 for single filers and $27,700 for married couples filing jointly. Tax brackets increase: The income tax brackets will also increase in 2023.

that's and extra $13,850 u don't pay taxes on

 

you follow IRS site for getting the ITIN

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

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