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Luckycuds

Tax filing joint vs separate when married

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Hi All,  I could really use advice on this as I did some searching and couldn’t find an answer.

My husband is a permanent resident and we have always filed our taxes jointly because I thought we had to for immigration purposes (AOS/ROC..showing we are commingling our finances). However, I know a lot of us citizens file separately if it means they will get more money back. My particular reason for filing separate is because he makes significantly less than myself and would apply for financial aid for university- with our joint finances he will not get financial aid. If applying for citizenship (which we can begin the process now), will there be any question as to why we filed separately instead of joint? Was I incorrect in believeing we always had to file jointly as long as he is a LPR? 

 

Thanks so much!


Michele & Schneithers K1 Journey

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Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

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Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17

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You don't have to file jointly. You both have to file MARRIED. MARRIED FILING SEPARATELY is still married.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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AOS package signed for by R Mercado 09/07/2011

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48 minutes ago, EM_Vandaveer said:

You don't have to file jointly. You both have to file MARRIED. MARRIED FILING SEPARATELY is still married.

that.

 

you can file separately, but there is an option for that (stated above). If you are married, the ONLY (legal) options you have for filing taxes is married filing jointly or married filing separately. Anything else is fraud.


5/7/2018 K1       Application mailed

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5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

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11/19/2018        NVC Received file

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@EM_Vandaveer & @debbiedoo thank you. Yes we definitely will always/have always file as married. That’s good to know filing separately doesn’t make a difference in the eyes of immigration. Thanks again! 🙂


Michele & Schneithers K1 Journey

I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Packet 4 Received : never received ..does it even exist?

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17

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If he doesn't earn enough to reasonably support himself, there will be suspicions by the government loan officer. You don't want any fraud accusations. Better to get a private bank loan.

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