Filing Taxes When Married, I-130 Pending, and Living Separately

[SummerRoses 6]

Hello everyone,

I've been searching for answers here on this forum, but unfortunately, I haven't had any success so far. I have a question regarding the process of filing taxes for both of us while the I-130 form is still in the processing stage. I am a Canadian residing in Ontario, and my husband lives in California, holding U.S. citizenship. We are both employed full-time in our respective locations and have never lived together. We are about to embark on the CR1 visa journey following our marriage certificate. It is likely that the I-130 will still be pending approval by the end of the next tax season, so we are seeking guidance on how to handle our tax returns while we are separated.

Any assistance would be greatly appreciated.

[JeanneAdil 6,514]

its not as important for USC /Canadian to do commingling of assets for immigration as it was for me in Morocco

i would suggest the USC does MFS (married filing separate) in US and whatever canadian tax requirement is for your country

 

 

Edited September 15, 2023 by JeanneAdil

[Ontarkie 14,236]

~~MOved to Taxes and Finances, from the Canada forum -as similar questions are asked here.~~

[OldUser 6,747]

While you're not living together your US spouse would file taxes using Married Filing Separated. You would file your taxes in Canada. Once you start living in the US, you will file Married Filing Jointly.

[SummerRoses 6]

Thank you so much. 

[W199 335]

On 9/15/2023 at 12:46 PM, SummerRoses said:

Hello everyone,

I've been searching for answers here on this forum, but unfortunately, I haven't had any success so far. I have a question regarding the process of filing taxes for both of us while the I-130 form is still in the processing stage. I am a Canadian residing in Ontario, and my husband lives in California, holding U.S. citizenship. We are both employed full-time in our respective locations and have never lived together. We are about to embark on the CR1 visa journey following our marriage certificate. It is likely that the I-130 will still be pending approval by the end of the next tax season, so we are seeking guidance on how to handle our tax returns while we are separated.

Any assistance would be greatly appreciated.

Your USA spouse can choose for you, his non-resident alien spouse,  to be treated as a US resident for the purposes of filing taxes as married filed jointly.  This will get him a lot of tax breaks and a lower tax bracket.

 

That is generally what I would do, as mostly likely the total taxes that both will end up paying will be less than him filing married seperately.  However, since you are working, whether or not this will save money is very complicated, and you need do  both your and his taxes each way to see which will  be more favorable to you. Turbotax makes this pretty easy forthe USA.  Though, seeing a tax accountant may be a wise choice if you are not familar with the details of eveything involved on both sides. There may be other conditions put on him if he elects to treat you as a USA resident for the purpose of taxes.

 

There may be another for him to, filing as head of household, that can save money. But I am not 100% sure. The above applies to this too.

 

[SummerRoses 6]

On 10/26/2023 at 3:45 PM, W199 said:

Your USA spouse can choose for you, his non-resident alien spouse,  to be treated as a US resident for the purposes of filing taxes as married filed jointly.  This will get him a lot of tax breaks and a lower tax bracket.

 

That is generally what I would do, as mostly likely the total taxes that both will end up paying will be less than him filing married seperately.  However, since you are working, whether or not this will save money is very complicated, and you need do  both your and his taxes each way to see which will  be more favorable to you. Turbotax makes this pretty easy forthe USA.  Though, seeing a tax accountant may be a wise choice if you are not familar with the details of eveything involved on both sides. There may be other conditions put on him if he elects to treat you as a USA resident for the purpose of taxes.

 

There may be another for him to, filing as head of household, that can save money. But I am not 100% sure. The above applies to this too.

 

Thanks. We’ll look into this matter more later on. Just successfully submitted the I-130 form.