Homemaker

Thank you everyone for all the replies. I really appreciate the advise you all have given me. My spouse and I have discussed more about this and I may go ahead and file for a "no income" tax returns but, as I have stated in my previous post, I cannot yet file any ITR "jointly" based on my husband's current situation. He wants to keep me out of the hole that he's in right now and again, that is the reason why he's been doing the "married filing separately". I wish I could do MFJ but I can't.

Before I begin (filing), I have another question I would like to ask and I am hoping someone is/would be able to provide me more direct and clear answer.

My husband is positive that I am not required to file tax returns as I do not have a job nor income. He is also adamant that rather than I file tax, that I can use/send his copies along with my N-400 application. Both our names with the same address are on the docs.

My question is; Am I gonna be just fine if I use my husband's copy of ITRs for my N-400?

Please help! This whole thing is really stressing me out and is driving me crazy. Please help me.

Thank you.

For one thing with most marriage laws, from the date you tie the knot, you both become liable for each other debts. But if one of the spouses has debts before that marriage, other spouse is also indirectly liable as that money comes out of the familly income. And how can an immigrant have previous US tax liabilities when they first came here?

One good question I can't even think of a valid answer is why her spouse insisted on filing a separate return, he is evidently supporting her and just paying a lot more taxes. Must have his reasons for doing so, but can see where the USCIS would really question this as a valid marriage.

In our experience with marriage, USCIS wasn't the bit interested in our love life, but really interested in their definition of a good marriage, we were paying taxes, bills, and owned joint property together as a valid marriage.

One option the OP has is simply wait another two years where are this marriage proof is no longer a requirement. But kind of sense they are having some marriage problems they would have to work out themselves. Or maybe her husband is dense on tax laws.

Hello. Thank you also for the reply. You are correct and that's been our attitude about the marriage, too. We are not having any marital problems (by far) so that is certainly not the reason why. I, the Mrs., do not have any problem to be in "anything" and "everything" with my husband including taxes (and any financial woes if any) however, he does not want me to be in it (especially I am the one handling/managing our finances).

A spouse with no income does not need to file a tax return. This is why there is the option to file separately without the other spouse. The spouse with the income can file separately. The spouse without income is not required to file anything.

A spouse with no income can CHOOSE to file a joint return with the other spouse. This is a choice. It is not a requirement.

When one spouse has income and the other does not, they will generally pay more taxes when one spouse chooses to file separately rather than jointly.

There are reasonable times when a spouse with income and a spouse without income would want to file separately. This is especially true when the spouse without income has a liability. For example: the non-income spouse has unpaid taxes from previous years. If the income earning spouse files separately, the IRS cannot claim the tax refund to pay the tax liability of the non-income spouse since the spouse is not a taxpayer on the tax return. If the income earning spouse files jointly with the non-income spouse, the non-income spouse is a taxpayer on that return and the refund could be seized to pay the tax liability. This is why it makes sense to file separately even though filing separately creates a bigger tax liability than filing jointly.

Thank you very much for the very informative response. My behalf have already well explained to me regarding this matter. The highlighted part is the main reason why he have taken my name off the form (for now).

I'm a SAHM/housewife and we have always filed married jointly, there's no reason not to file, regardless if you have no income. In fact, it's beneficial to file married jointly. I think you should go ahead and amend your taxes for the last 3 years as suggested, and once you have that, apply. You won't be penalized, but I think you should get on with amendments.

Hello. Thanks for your reply. When I first arrived, my husband amended his income tax returns (from single to married filing jointly). But he got a little hit so when the next filing time comes, he decided to take my name off the form until the water is clear.

One question, WHY? Married filing seperate? With no income you are at an advantage to file joint. It is a qustion for your husband to answer, maybe its time to file amended returns

Hello. Thank you for your time. Yes, my husband knows the answer of course and yes, we were supposed to file "jointly" but my husband have a valid reason for us to postpone it until the water is clear.

Hi. I am not an expert on this matter since I just recently obtained my green card. All I know is that whether there is no income, a spouse needs to file income tax, whether jointly or separately. But let me find some links for you. I will post it here when I find something that will be helpful.

Hello there,

Thank you for taking time to response and thanks for the link. Much appreciated.

Hello.

I am about to file for my citizenship based on (a 3 years) marriage but now I have to pause until I get some clear answers from knowledgable people in this great community. As I was reading through the( N-400) instruction, one of the questions is asking for a copy of "my (the applicant) tax returns". I have been a full time housewife since I arrived. My (USC) husband has been filing his tax returns as "married/separately" and I, on the other hand have never filed any as we were under the impression that, I, the applicant/immigrant was/is not obligated to file for any tax returns since I have zero income, so I never did. Big mistake!?

I am going nuts. Please help me with this dilemma I am in. We thought that my husband's tax returns would be sufficient enough. Suppose I'm wrong.? I know I am still eligible to file for citizenship even without "my own" tax returns but here comes the questions;

1) Since I never filed tax returns, will USCIS accept my application if I send in a copy of my husband's tax returns instead?

2) If I (really) have to file tax returns, when should I do it and how long would that take? And does USCIS want the married "filing joint" or is "filing separately OK?

3) With zero income, would I get penalized for not filing tax returns?

I read the instruction thoroughly so I am hoping that I just misunderstood it. Any inputs would be greatly appreciated.

Thank you all very much!