I-751 (No joint tax returns)

[WangWu 0]

Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance?

I appreciate any suggestive words.

[Kez/JWolf 6]

They will be looking for evidence of co-mingled finances.... as in Joint tax returns, Joint bank accounts, Joint insurances. What other evidence do you have if you dont have joint tax returns?

Kezzie

[WangWu 0]

I submitted baby's birth certificate, insurance card with whole family, joint bank account, Affidavit letters and some travel documents and pictures by us. The Notice I received yesterday asks more evidences such as tax returns. I am wondering to get the copy of lease from the owner, But I am not sure how to send the tax returns.

Kezzie, thanks for the fast response.

Wang

[diadromous mermaid 36]

Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance?

I appreciate any suggestive words.

If you and your spouse filed tax returns, whether jointly or not, include them, all pages. I take it you both declared yourselves as married, but filing separately, and not "single" correct?

Call your insurance agent, and enquire how to add an additional driver to the family household. Your policy will have a declarations summary page. Although insurance companies may present the information in various ways, on mine at the bottom of this page there's a section listing "driver infomration". It should list all persons covered in your household, and your wife, when added, will be featured.

[Yodrak 7]

WangWu,

And the tax returns show you and your wife both at the same address?

Yodrak

Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance?

I appreciate any suggestive words.

If you and your spouse filed tax returns, whether jointly or not, include them, all pages. I take it you both declared yourselves as married, but filing separately, and not "single" correct?

....

[WangWu 0]

Yes, we filed tax return with marriage but separately not "single". We live together and the address on the tax returns are the same address. My concern is that I submit only my tax retuns or both mine and my wife's if I should. Or just ingore the tax returns.

Wang

[Yodrak 7]

Wang,

I agree with diadromous mermaid's advice - submit them both. The common address on the returns is of value.

There are perfectly valid reasons for a married couple to prepare separate income tax returns, and immigration is not a good reason to change an otherwise wise action.

Yodrak

Yes, we filed tax return with marriage but separately not "single". We live together and the address on the tax returns are the same address. My concern is that I submit only my tax retuns or both mine and my wife's if I should. Or just ingore the tax returns.

Wang

[lucyrich 19]

If you don't submit tax returns, the adjudicator may well wonder "why not?". It may be best to avoid leaving that question in his mind.

Assuming you filed as "married filing separately", then the obvious question would be "why did you file that way?". For most married taxpayers, filing jointly will result in a lower total tax bill for the couple than filing separately. If your situation is such that you saved money by filing separately, or had another pressing legitimate reason for filing separately, you might include an explanation of that fact along with the I-751.

If you filed separately and your tax situation was such that filing separately was significantly more expensive than joint filing, then there ought to be some reason why keeping your taxes separate was worth the amount it cost you. The most common reason that married taxpayers file separately even when it's more expensive is because they're going through a separation or divorce and they can't get their spouse to cooperate in the filing of their tax returns. Lacking any other explanation, an adjudicator might assume you're not sharing a financial life together, and might conclude the marriage is a sham. Go ahead and present him with evidence that doesn't allow him to draw that conclusion. Give him another reason why you filed separately.

You don't have to file joint returns. But you do have to show evidence that paints an overall big picture of a marriage that was genuine and not for the purpose of evading immigration laws. If filing separately saved you money, or at least didn't cost you anything, then separate returns could easily be consistent with a genuine marriage. But if you paid thousands of extra tax dollars to keep things separate with no obvious reason, that would probably raise a red flag.