Should file Married-Jointly or Married-Separate? (no dependents, so no "head of household" option)
These are the two options: Married Jointly tax: +$2255 refund (Federal) -$410 (VA state pay) vs. Married -Separate: -$112 (Federal pay) -$820 (VA state pay).
Background: Married in Nov 2021. My spouse is a non-resident alien. She lives overseas and remains there for now. She does not have a SSN or ITIN, has zero USA income. She has foreign bank savings and foreign investments, and she has a job with a local pension plan in her country. She was here in Virginia in my home for 27 days when we got married.
Question: I prefer to file Married-Jointly because of the much higher tax refund, but what forms/docs would I need from her as far as income, bank, investments, etc? It is unlikely we can gather all the forms, etc before the 18 Apr 2022 deadline. I do not think she is qualified for a SSN (can check w/US Consular), so only ITIN may apply. Need to submit a W-7 form with my mailed in tax return? There is one Acceptance Agent in her country/city and not sure we can get her docs verified, etc in time.
If we decide to file Married-Separate this year because of fear of missing the deadline, will we be able to amend our 2021 tax return later? I understand amending can be done up to 3 years, but would my filing status be also amended retroactively? Thus, if amending of the 2021 return for Joint status vs Separate is allowed , will we get back then the @ $2255 for tax year 2021? If this 2021 tax-filing amendment option is available in a later year, then I would file the 2021 tax as Married-Separate and just amend it next year when I have all her paperwork for Married-Jointly filing So this year filing Married-Separate, I print out the 2021 IRS tax forms, write in NRA (non-resident alien) for her in the SSN/ITIN block and mail it?
