Effect of filing Married Filing Separately tax return on AOS based off marriage

[sekharan 0]

I am an international student on an F1 Visa (have been so since I arrived in the U.S. less than 5 years ago). This makes me a non-resident alien in the U.S.

I got married to a U.S. Citizen in 2011 but I continued on my F1 Visa and my spouse did not file for change in my status (and hence I assume I continue to be a non-resident alien in the U.S. for tax and immigration purposes?)

This allowed me to file as Married Filing Separately (MFS) since our marriage. This did reduce my personal exemption but I didn't have make FICA deductions (non-resident alien students are exempt), and on the whole I had to pay ~20% less tax than had I filed jointly.

Now, in 2013, I am proceeding with our I-130 + I-485, and I have this uneasy feeling that my filing of MFS might not have been in the best of my interest although it's completely in accordance with IRS rules.

I ask this question as the VISA officer at our greencard interview might want to probe while I filed MFS and not jointly: my answer that I saved tens of thousands of dollars in taxes doing so might not leave a favorable impression on him.

Does anyone on this forum have a personal experience filing MFS and completing their greencard application successfully?

Should I go ahead and amend all my tax returns and make all of them into a joint filing if it's going to be "better" for my greencard application?

[MrPinkman 0]

currently going through a similar process as far as the tax issue. I don't think it makes a "huge" difference to an interviewer between MFS vs. MFJ. I mean besides the obvious differences in returns/benefits, most interviewers would just like to see that you both are married and have followed the law by reporting so to the IRS. I don't see how filing separately (as opposed to filing jointly) will force an interviewer to "deny" you a green card. However, from a tax perspective i'm sure there are differences. But remember, your application for a green card is based on proof of a bonafide marriage, not discrepancies in filing categories.

Married is married to the USCIS, if it were the IRS then maybe such details would be necessary. But i'm guessing an explanation along the lines of "I'm a non-resident alien currently unemployed" should dispel any doubt they may have.

I could be wrong. I hope not. But could someone please verify this, both Sekharan & I would like to hear from you guys !

[hmh33 117]

I got married to a U.S. Citizen in 2011 but I continued on my F1 Visa and my spouse did not file for change in my status (and hence I assume I continue to be a non-resident alien in the U.S. for tax and immigration purposes?)

The US tax and immigration authorities use different definitions of resident vs nonresident alien. For immigrant purposes, you are currently a nonimmigrant alien. For tax purposes, see P519 to determine whether you are considered a resident alien or not.

For adjustment of status purposes, it is completely fine to have filed as "Married, filing separately". If the interviewer asks why, simply explain that because of your F-1 status and FICA exemption, that option saved you both a lot of money. It should not affect the result.

[newacct 688]

I am an international student on an F1 Visa (have been so since I arrived in the U.S. less than 5 years ago). This makes me a non-resident alien in the U.S.

I got married to a U.S. Citizen in 2011 but I continued on my F1 Visa and my spouse did not file for change in my status (and hence I assume I continue to be a non-resident alien in the U.S. for tax and immigration purposes?)

This allowed me to file as Married Filing Separately (MFS) since our marriage. This did reduce my personal exemption but I didn't have make FICA deductions (non-resident alien students are exempt), and on the whole I had to pay ~20% less tax than had I filed jointly.

Now, in 2013, I am proceeding with our I-130 + I-485, and I have this uneasy feeling that my filing of MFS might not have been in the best of my interest although it's completely in accordance with IRS rules.

I ask this question as the VISA officer at our greencard interview might want to probe while I filed MFS and not jointly: my answer that I saved tens of thousands of dollars in taxes doing so might not leave a favorable impression on him.

Does anyone on this forum have a personal experience filing MFS and completing their greencard application successfully?

Should I go ahead and amend all my tax returns and make all of them into a joint filing if it's going to be "better" for my greencard application?

I replied your question on another site. I will paste my post again here:

I have doubts about your tax reasoning that MFS is better. First of all FICA tax was only 5.65% (4.2% SS tax + 1.45% Medicare tax) in 2011 and 2012, so I don't see how you came up with 20%. And second, if you were to file jointly, you would be using the Nonresident Spouse Treated as Resident election; and this page says that when you do that, "In addition, you may still be treated as a nonresident alien for the purpose of withholding Social Security and Medicare tax." which means (at least I interpret to mean) that you still don't have to pay FICA tax.

[C-ma'am 684]

**Post moved from AOS from Work, Student & Tourist Visas to Moving Here and your new life in America; as the question is not related to an AOS process or procedure.