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Filed: F-1 Visa Country: South Korea
Timeline
Posted

Hello,

I received my Green Card in December of 2013 after marrying my US citizen wife in May 2013. We were told at our interview in September 2013 that when we file for the Removal of Conditional Green Card status in 2015, we should submit more evidence that we've been married for those years after our initial interview. The USCIS interviewer suggested joint tax returns as some of the evidence. However, my wife's parents supported us financially for part of last year, and we also used them as our co-sponsors on our I-485. It would be financially easier for her parents if they could claim us as dependents for that year (2013), but I am wondering if this would affect my status in a few years if we didn't just file MFJ this year. Would we be turned down if we submitted tax returns from her parents claiming us as dependents for 2013, and then joint tax returns for 2014? I don't want to do anything that looks suspicious to USCIS. Thank you.

Filed: AOS (apr) Country: Australia
Timeline
Posted

How old is your wife? Does she live with her parents? You either need to be under 19 or if you are a full time student under 24 in order for your parents to claim their daughter as a dependent and they can't claim you as a dependent, there are also income requirements - http://www.irs.gov/uac/A-%E2'>

The basic answer is her parents can't claim you both as dependents and you should just file MFJ.

Filed: F-1 Visa Country: South Korea
Timeline
Posted

How old is your wife? Does she live with her parents? You either need to be under 19 or if you are a full time student under 24 in order for your parents to claim their daughter as a dependent and they can't claim you as a dependent, there are also income requirements -

The basic answer is her parents can't claim you both as dependents and you should just file MFJ.

Ok I see...yes my wife just turned 24, and she was a full time student last year, so I think her parents can claim her. I thought maybe they could claim me because they provided for a lot of our living expenses last year, and I read online that they could claim me since I am their son-in-law but maybe that wasn't correct.

Filed: F-1 Visa Country: South Korea
Timeline
Posted

When did she turn 24? If on or before December 31st 2013 then she doesn't qualify.

She turned 24 in February of 2014. So if she did qualify and her parents claimed her, then I would still need to do my taxes separately? Would that look weird to USCIS?

 
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