cr1 filing tax return single or married?

[75206 0]

How did you all file your tax return as married or single? From immigration point of view would it be an issue to file as single? Since hes never been to usa and doesnt have ssn etc not sure if it will accept as married.

[CVN Dallas 6]

58 minutes ago, 75206 said:

How did you all file your tax return as married or single? From immigration point of view would it be an issue to file as single? Since hes never been to usa and doesnt have ssn etc not sure if it will accept as married.

You have three options while your CR1 in processing and you spouse still outside the US:

1.   Married filling separately:  You are required to report your worldwide income only.

2.   Head of Household:   If you have a qualifying dependent.

3.   Married filling jointly:  You must report your and your spouse worldwide income.  Under this option, you cannot efile your tax return becuase your spouse does not SSN.  You are required to mail your paper tax return with your spouse signed W-7 plus your spouse' passport.  It will atkes IRS 60 days to process paper return before they issuing a TIN, and return your spouse passport to a US address listed on your spouse W-7.  In year 2 and after, if your spouse still outside the US, you can efile tax return with his/her ITIN.

W-7 instruction have a long list of documents you can submit with the application, but in my experience, applicant's passport is the 100% acceptance by the IRS. and the shortest time to get the W-7 application done.

 

[OldUser 8,400]

1 hour ago, 75206 said:

How did you all file your tax return as married or single? From immigration point of view would it be an issue to file as single? Since hes never been to usa and doesnt have ssn etc not sure if it will accept as married.

Single is not an option when you're married. Also, it's smaller tax break when filing as single, not sure why you want to shoot yourself in the leg immigration and tax wise.

Edited Monday at 01:48 AM by OldUser

[S2N 25]

1 hour ago, OldUser said:

Single is not an option when you're married. Also, it's smaller tax break when filing as single, not sure why you want to shoot yourself in the leg immigration and tax wise.

MFS complicates a lot because some states want a spousal ITIN even if said spouse has no ITIN, and a lot of people don’t want to do the legwork to do MFJ.

 

We’re doing MFJ federally and have to go on extension at the state level, where I’m filing MFS (beneficial on our state taxes) because my state tax authorities want an ITIN even for MFS. MFS aleo has negative tax consequences when you’re in “upper” incomes, which start a lot sooner than you think if you’re in a HCOL area.

 

Stuff like that is why people file single even when they’re married and then amend to MFJ once the spouse is in the U.S.

 

I’m of the opinion MFJ federally is the best, but I understand why plenty still file single and then amend.

Edited Monday at 02:58 AM by S2N

[pushbrk 13,290]

1 hour ago, CVN Dallas said:

You have three options while your CR1 in processing and you spouse still outside the US:

1.   Married filling separately:  You are required to report your worldwide income only.

2.   Head of Household:   If you have a qualifying dependent.

3.   Married filling jointly:  You must report your and your spouse worldwide income.  Under this option, you cannot efile your tax return becuase your spouse does not SSN.  You are required to mail your paper tax return with your spouse signed W-7 plus your spouse' passport.  It will atkes IRS 60 days to process paper return before they issuing a TIN, and return your spouse passport to a US address listed on your spouse W-7.  In year 2 and after, if your spouse still outside the US, you can efile tax return with his/her ITIN.

W-7 instruction have a long list of documents you can submit with the application, but in my experience, applicant's passport is the 100% acceptance by the IRS. and the shortest time to get the W-7 application done.

 

This subject comes up at least once around this time every one of the 20 years I've been a member here.  While the above is absolutely true, it's also true that many in your situation DO file as single, then later amend their return after their spouse arrives. I'm one of the many. If you are employed by the IRS you would not be asking this question.  To my knowledge, the only people who would pay any consequence for filing with the "wrong" filing status are IRS employees.  For the rest of us, filing as single when married means we will (at least theoretically) OVERPAY OUR TAXES, for which there is no "penalty".

 

So no, it is not a negative for your spouse's immigration to have filed as single.  Consular Officers see this all the time and understand the reasons why.  For example, I used my refund to finance my second visit to my (now former) spouse in China.  Amended the return once spouse and step daughter had SSNs.

 

[S2N 25]

53 minutes ago, pushbrk said:

To my knowledge, the only people who would pay any consequence for filing with the "wrong" filing status are IRS employees.  For the rest of us, filing as single when married means we will (at least theoretically) OVERPAY OUR TAXES, for which there is no "penalty".

 

Like I mentioned above, married filing separately has some weird results vs. single depending on what state you live in (community property changes stuff) and if your income is above $125kish, and the IRS could decide you owe more if they wanted to in those cases.

 

But then you’d just file an amended return for MFJ and they wouldn’t care.

Edited Monday at 04:06 AM by S2N

[OldUser 8,400]

11 hours ago, pushbrk said:

So no, it is not a negative for your spouse's immigration to have filed as single.  Consular Officers see this all the time and understand the reasons why.  For example, I used my refund to finance my second visit to my (now former) spouse in China.  Amended the return once spouse and step daughter had SSNs.

 

I think games with taxes is what causes USCIS ask for joint sponsors, ask for more docs and the latest tax return transcripts.

If we all recommend to be transparent and honest with government dealing with immigration, then why do we have this double standard when it comes to taxes? IMHO if married, I'd always recommend filing as MFS or MFJ. If it means inconvenience and paying more to government for that year - so be it. Filing single when married is tax fraud really...

[pushbrk 13,290]

5 hours ago, OldUser said:

I think games with taxes is what causes USCIS ask for joint sponsors, ask for more docs and the latest tax return transcripts.

If we all recommend to be transparent and honest with government dealing with immigration, then why do we have this double standard when it comes to taxes? IMHO if married, I'd always recommend filing as MFS or MFJ. If it means inconvenience and paying more to government for that year - so be it. Filing single when married is tax fraud really...

This is a visa forum, so USCIS doesn't see any tax returns.  If adjusting status they do, but when the spouse is already here, the W7 is no big deal.  The same discussion happens every year for my 20 years here.  Everybody gets their say, and then people do whatever they decide to do.  Not a lot of minds are changed.

[S2N 25]

8 hours ago, OldUser said:

I think games with taxes is what causes USCIS ask for joint sponsors, ask for more docs and the latest tax return transcripts.

If we all recommend to be transparent and honest with government dealing with immigration, then why do we have this double standard when it comes to taxes? IMHO if married, I'd always recommend filing as MFS or MFJ. If it means inconvenience and paying more to government for that year - so be it. Filing single when married is tax fraud really...

Fraud is a strong word; @pushbrk is more or less correct except in the very specific circumstances I mentioned. The IRS will not go after you for intentionally filing in a less advantageous status than you could and paying more tax than you’ll eventually owe.

 

The two asterisks are people living in community property states and people making $125k+ not counting their spouse. In both of those cases, you’re probably underpaying by reporting as single instead of MFS (though that can be amended to MFJ after they arrive so likely wouldn’t matter.)

Edited Monday at 11:26 PM by S2N

[Ryan H 3,849]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.