Help - Search - Members - Calendar
Full Version: need help please.???
VisaJourney.com > General Family Based Immigration Topics > US Citizenship General Discussion

tmman
i am going to apply this coming september for citizenship, my wife and i will not file the income tax together this year and the reasons are financial ....is that gonna affect my application of citizenship? are they gonna think we don`t live together? by the way this is the first time we are gonna apply separately...we filed tax together past 3 years ...so , can anyone tell me anything about this...? thank you guys...
Jomo's girl
If your home address is the same on your tax returns and you have everything else in order, I don't see why it would effect anything. You may have to explain; but I doubt even that.
tmman
thanks for your help, all the information will be the same except the jointly tax filing thing... i will put same information i did for romoving condition last year....what are the documents i have to send with the N-400? anybody knows ...thanks again
2long
QUOTE(tmman @ Feb 5 2008, 08:43 AM) *
thanks for your help, all the information will be the same except the jointly tax filing thing... i will put same information i did for romoving condition last year....what are the documents i have to send with the N-400? anybody knows ...thanks again


I'll suggest you not to do that.It is Illegal to file separately If you are married and living together.ASk from your accountant or Lawyer
tmman
it`s not illegal to file separately while married...there is an option on the IRS form says married but file separately ...so, is that gonna make them have doubt about the authenticity of marriage ...?
lucyrich
It's illegal to file as "SINGLE" if you're really married, but it is most definitely not illegal to file as "Married Filing Separately". A married couple always has the option of filing separately. See IRS Publication 501.

For most circumstances, married filing jointly results in less tax than married filing separately, so it's rare to file separately.

From this point on, I'm going to speculate. I could easily be wrong about the following:

I believe they're mainly looking for a filing status of "married". They may also prefer to see joint filing to show comingling of finances, but I don't believe joint filing is a hard requirement. But if you file separate returns, they may wonder why you did that. One unfortunately common reason for couples to file as "married filing separately" is because the spouses are separated and are unwilling to cooperate with each other enough to sign a joint return. Since both much agree to file jointly, if either spouse says "I'm filing separately", the other spouse is forced to do the same. Sometimes, the couple is fighting so much that one spouse files separately just to increase the other's tax bill.

I know that's not the situation the OP is talking about, but the OP might be wise to attach a brief note to the I-751, briefly explaining the financial reason for filing separately, so that the adjudicator doesn't assume the worst and think the separate filing is a sign of spouses who aren't cooperating.
zyggy
QUOTE(lucyrich @ Feb 7 2008, 10:29 AM) *
It's illegal to file as "SINGLE" if you're really married, but it is most definitely not illegal to file as "Married Filing Separately". A married couple always has the option of filing separately. See IRS Publication 501.

For most circumstances, married filing jointly results in less tax than married filing separately, so it's rare to file separately.

From this point on, I'm going to speculate. I could easily be wrong about the following:

I believe they're mainly looking for a filing status of "married". They may also prefer to see joint filing to show comingling of finances, but I don't believe joint filing is a hard requirement. But if you file separate returns, they may wonder why you did that. One unfortunately common reason for couples to file as "married filing separately" is because the spouses are separated and are unwilling to cooperate with each other enough to sign a joint return. Since both much agree to file jointly, if either spouse says "I'm filing separately", the other spouse is forced to do the same. Sometimes, the couple is fighting so much that one spouse files separately just to increase the other's tax bill.

I know that's not the situation the OP is talking about, but the OP might be wise to attach a brief note to the I-751, briefly explaining the financial reason for filing separately, so that the adjudicator doesn't assume the worst and think the separate filing is a sign of spouses who aren't cooperating.



Agreed... in my experience as a tax preparer, 95% of people filing separately do so because of the reasons that lucyrich stated.... be prepared to show the financial reasons why filing seperately was the better route.... you may want to show how you calculated your taxes as joint in order to show the lower tax bill as filing seperately...
Feliz
ultimately, if you marriage is bonafide - you have nothing to worry about, in the very worst case scenario - they will come to your home or have a separate interview with questions like - where does your spouse store her\his socks, but if your marriage is true - you will easily prove it and will have full right to naturalization, no matter what with your taxes.
tmman
thanks guys for your answers...i think i will write a letter explaining why we file separately..it`s just for our benefit..thats all..i will send prooves that we live together ..i m not sure yet what exactly kind of prooves they want..maybe same those i sent on removing conditions...anyway i have no issue to worry about except this point of filing separately ....thanks guys for your help...
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.