Filing separately! Please advice...

[Dantrolene 15]

Hi all. I was thinking if I and my wife could file separately as I make around $6k and she makes $100k a year- huge difference! So in case of paying tax penalty becuase I am uninsured for few months or tax credit return for me, I won't be paying based on our whole total income and tax return will be higher for me, correct ? In our household, we pay everything separately btw. I pay for myself, and she pays for herself. We share nothing. I am a conditional GC holder FYI. Thanks

[aleful 1,905]

hi

that will be a problem, to remove conditions and get the 10 year GC you have to prove bona fide marriage and co mingling of finances

so you better get everything strait,

[Dantrolene 15]

We have things to prove our bona fide like a daughter, shared unused bank account, we live together, pics, our names on the same insurance company,.. isn't that enough ? And we are going to file married BUT separately instead of jointly. How is that really affect my ROC ? Thanks

[agrabs 237]

We have things to prove our bona fide like a daughter, shared unused bank account, we live together, pics, our names on the same insurance company,.. isn't that enough ? And we are going to file married BUT separately instead of jointly. How is that really affect my ROC ? Thanks

your daughter is not enough proof for ROC. Pictures are only secondary evidence at best. They are specifically looking for financial co-mingling. They will want to see bank statements from the last couple of years when you submit your ROC and if you don't use that account it will not be very helpful. Filing married but separately isn't in itself a problem, but keeping everything separate is.

[kzielu 1,144]

You can definitely file separately (as long as it is married filing separately) and it has absolutely zero negative impact on ROC process. My first two years in US I filed MFS because that way we were getting higher return.

[Dantrolene 15]

Do you mean if we file separately, that would hinder or risk me from getting 10 years GC or require another interview ?

[Georgia16 2,858]

Do you mean if we file separately, that would hinder or risk me from getting 10 years GC or require another interview ?

No filing married but separately won't be a problem, your problem will be your other evidence (or more lac of it) you have to provide. Be careful because you don't want to mess up your ROC.

[aleful 1,905]

hi

you said it yourself, you are sharing nothing, that is the problem, if you has enough evidence of sharing everything except the taxes, it wouldn't be a problem

but not sharing anything would be a red flag, as spouses are supposed to share, you need to show evidence of having things in both your names

[Dantrolene 15]

I am sorry but I am confused now. To clarify more...We have things in common and our names on it like bank account, health insurance, daughter, live together in the same address, and also married filing separately would have both our names on it, right? So the whole point is to get more tax credit or return to myself, plus if I pay penalty for being uninsured for couple of months, it would be penalty over my sole income, not the total household income, as we apply married filing separately. Hope things are clear and my understanding is clear as well. Thanks

[agrabs 237]

I am sorry but I am confused now. To clarify more...We have things in common and our names on it like bank account, health insurance, daughter, live together in the same address, and also married filing separately would have both our names on it, right? So the whole point is to get more tax credit or return to myself, plus if I pay penalty for being uninsured for couple of months, it would be penalty over my sole income, not the total household income, as we apply married filing separately. Hope things are clear and my understanding is clear as well. Thanks

Again, as stated by myself in my first reply and byothers, it is no problem to file your taxes married filing separately. that is NO PROBLEM for ROC.

What will be a problem is if you continue to keep everything separate. Having a bank account together that you don't use is not enough. They Will ask for bank statements to see that you use the account together. Having a child together is not enough. Pictures won't be that helpful. You must show financial co-mingling. Here is a copy to a link that wiill show you what we are telling you for how much evidence you need

http://www.visajourney.com/forums/topic/558375-received-rfe-for-i-751-removal-of-conditions-what-else-is-there-to-send/

[Dantrolene 15]

Wow..thanks for sharing the link. I had no idea that all these documents are provided and still no enough. I still have one year left to ROC. But its good to know from now what is required to go through it smoothly. So keeping health insurance names as she is the primary subscriber is good thing, bank account that rarely used ( not main for purchasing and stuff), phone line same plan....are good stuff so far!

And for filing separately, I would go for it, just for the tax return on my side, and also for the penalty for not having insurances for 3 months would be less based on my sole little income....am I correct regarding the penalty calculation based on only my own income if filing married separately (not the whole household income) ?

[Nich-Nick 3,353]

Read the details and figure it out for yourself based on your income and situation.

https://www.healthcare.gov/fees/fee-for-not-being-covered/

https://www.irs.gov/affordable-care-act/the-individual-shared-responsibility-payment-an-overview