Announcement

Announcement Module
Collapse
No announcement yet.

Married But Filing Separately!!!!

Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • Married But Filing Separately!!!!

    I am up for interview based on 3 years marriage to a US citizen. However, because we were filing MARRIED BUT FILING SEPARATELY. Will this be a problem or a reason why my citizenship based on 3 years marriage will be denied. By the way my marriage is 100 % legit will all documentation.

    Any opinions will be highly appreciated. My interview is scheduled on May 19, 2008.

    Thanks
    arigsagc

  • #2
    No problems whatsoever as long as you payed your taxes.
    NESC
    N400 Seattle time line:
    Mailed 7-13-2008
    Priority 7-15-2008
    FP Done 8-19-2008
    IL Date: 10-14-2008
    I Day: 11-13-2008 Passed
    Oath Letter 02-05-2009
    Oath Date 03-04-2009
    Passport 03-04-09
    PP Rec 3-21-09
    Ce la vie

    Comment


    • #3
      Originally posted by arigsagc View Post
      I am up for interview based on 3 years marriage to a US citizen. However, because we were filing MARRIED BUT FILING SEPARATELY. Will this be a problem or a reason why my citizenship based on 3 years marriage will be denied. By the way my marriage is 100 % legit will all documentation.

      Any opinions will be highly appreciated. My interview is scheduled on May 19, 2008.

      Thanks
      Just be prepared to answer why you filed separately while married because the norm is to file a joint tax return. Though I do not see a problem, an IO may ask this question to see if it raises a red flag.
      ------------------------------------
      IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

      Comment


      • #4
        Half of my recent tax returns are filed separately (I will be applying based on marriage as well). As long as you paid your taxes you should be fine (filing separately is not a tax violation).
        ----
        VTSC
        N-400 Mailed: 02/28/09
        N-400 Delivered: 03/02/09
        Priority Date: 03/04/09
        Check Cashed: 03/11/09
        NOA received: 03/16/09
        Fingerprint Notice: 03/21/09
        Fingerprint Appt: 04/02/09
        Interview Letter: 04/20/09
        Interview Date: 06/22/09 ("Decision cannot be made")
        Approval (Oath) Letter: 07/28/09
        Oath Date: 08/21/09
        *** PROUD U.S. CITIZEN ***
        Passport Applied: 08/22/09
        Passport Received: 09/16/09
        ...

        Comment


        • #5
          Originally posted by GhostRider View Post
          Half of my recent tax returns are filed separately (I will be applying based on marriage as well). As long as you paid your taxes you should be fine (filing separately is not a tax violation).
          You are right it is not. However, you aren't go up to just have potential tax violations come to light are you? In other words, your immigration journey and your request for citizenship is the focal point. And the fact that this is marriage based points the IO in the direction of determining if the marriage was bona fide to begin with and remains that way.

          Therefore although filing separately is not a tax violation, it may bring up other questions related to your citizenship request such as: "Why have you filed separately?", "Do you and your spouse maintain the same residence?", etc.

          I am just saying be prepared to provide a logical explanation as to why you did it and that is it. If you marriage is real, then it is real - there is very little USCIS can do about that.
          ------------------------------------
          IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

          Comment


          • #6
            Originally posted by LolaLi View Post
            You are right it is not. However, you aren't go up to just have potential tax violations come to light are you? In other words, your immigration journey and your request for citizenship is the focal point. And the fact that this is marriage based points the IO in the direction of determining if the marriage was bona fide to begin with and remains that way.

            Therefore although filing separately is not a tax violation, it may bring up other questions related to your citizenship request such as: "Why have you filed separately?", "Do you and your spouse maintain the same residence?", etc.

            I am just saying be prepared to provide a logical explanation as to why you did it and that is it. If you marriage is real, then it is real - there is very little USCIS can do about that.
            I agree. Be prepared to answer why you did not file a joint return.
            TSC (Dallas,TX)
            N-400 mailed - 12/26/2007
            NOA Received - 01/14/2008 (states 240 days till interview)
            Interview Date - 06/05/08
            Oath Date - 06/11/08
            Applied for passport - 06/12/08
            Received Passport - 06/20/08

            Comment


            • #7
              Not an issue in the least. I filed Married filing Single as well. Not a single question was asked about it. They just checked to see if I paid my taxes and that was all. You will need other information to prove you still reside together anyways, so no it won't make any difference and I would be surprised if they even asked you about it...
              I'm just a wanderer in the desert winds

              Comment


              • #8
                It is bs that tax returns will prove a marriage, it is just one of several docs that can be used to show a marriage is valid. And married couples do file separately, it is an option provided by Irs not some legal loophole. You could use some joint accounts or mortgage/apt rental papers instead.

                If I read it correctly John McCain files separately from Cindy just so she doesn't have to disclose her wealth.
                N400 CSC/San Jose DO
                PD : Aug 17 2006
                FP date: walk in on Sep 16th/ sched for Sep 20
                IV @ San jose do : Feb 15 2007
                oath letter: Feb 24th
                oath: Mar 21st 2007, became USC

                Comment


                • #9
                  Married Filing Jointly and Married Filing Separately are both acceptable filing methods for a married couple. The difference is purely based on tax planning, and has nothing to do with married status. However some married couples have been caught out when one partner filed as Head of Household which implies they are not married (read this one somewhere).

                  Comment


                  • #10
                    Speaking of filing the taxes. For whoever doing ITIN for their spouses I should let them know that unfortunately they won't get any tax rebates because of the spouse doesn't have a valid social security number unless they file their taxes separate and probably one of them will be eligible for rebate. (Personal experience)
                    Spouse's Citizenship
                    Field Office: San Diego,CA
                    11/xx/2008 GC Rcvd
                    10/26/11 N-400 mailed EX to AZ
                    10/27/11 Priority Date
                    10/31/11 Text Message received
                    11/01/11 Check Cashed
                    11/07/11 Finger Print letter mailed
                    11/09/11 Finger Print letter Received for 11/30/2011
                    11/14/11 Finger Print Done(walk-in)
                    11/28/11 In Line For Interview
                    12/09/11 Interview Scheduled
                    01/18/12 Interview Passed
                    02/22/12 Proud USC
                    ----------------------------
                    Please Add Your Timeline to U'r Signature

                    Comment


                    • #11
                      Also I forgot to mention on your tax form which ever method you do, you still must list your spouses SSN and information if you are married or single. So that there will still show you are married or not regardless of your filing status...
                      I'm just a wanderer in the desert winds

                      Comment


                      • #12
                        "Married filing separately" is not a problem. The problem is if you're married but file as single.

                        EB3 ROW I-485 Approved: July 2007
                        USC: July 2013
                        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                        Comment

                        Working...
                        X