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#1
2nd February 2009, 02:25 PM
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Tax Question After Receiving Conditional Greencard
Hi,
Sorry if I am posting this question on the wrong site but I have a question. I live in Massachusetts and my wife lives in NY. She received her conditional greencard a couple of months ago. We still live apart do to employment/financial purpose. As I started to file tax this time around, I was wondering what would be the best way for us to file tax? Should we file as married jointly or married separately? Will filing married separately have any effect on the removal of the conditional greencard in the future? Thanks 
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#2
2nd February 2009, 03:00 PM
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I can't see any tax advantages to MFS, and it's one more piece of evidence against the marriage being bona fide. Probably really minor, but non-zero none the less.
__________________
------------------------------------ IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly. PD: 9/12/2000 (EB3/VA/RIR/Canada) I-140 RD: 12/22/2000 I-140 AD: 7/16/2001 RD: 8/28/2001 ND: 10/26/2001 FP1: 1/31/2002 RFE: 8/2/2002 RFE RD: 8/28/2002 TD: 10/22/2002 FP2: 6/19/2004 ID: 07/15/2004 AD: 07/15/2004 CO: 08/18/2004 CR: 08/23/2004 N-400 RD: 05/21/2009 FP: 06/13/2009 CFR: 08/05/2009 IL: 08/21/09 ID: 10/7/09 USC: 10/8/09
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#3
2nd February 2009, 10:01 PM
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I have no clue what the difference would be but when I had asked my lawyer, she advised we file married file jointly.
__________________
Vermont Service Center Mailed package I-751 - 11/12/2008(Day 0) Delivered - 11/13/2008(Day 2) Check cleared - 11/17/2008(Day 5) NOA1 received - 11/19/2008(Day 7) Biometrics Appt Received - 12/03/2008 (Day 21) Bio Appt - 12/12/2008 (Day 30) LUD - 12/15/2008 Conditional GC expired Feb 5 2009 Received email - Card Production ordered  (Day 166)Status: Waiting for card in mail from USCIS Last edited by trinity16; 3rd February 2009 at 10:48 AM.
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#4
5th February 2009, 03:27 PM
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I would advise you to file jointly with your spouse. Filing jointly is seen as one form of comingling of finances which can only strengthen your case.
__________________
DO: Chicago, IL IMPORTANT NOTE: I am a Moderator, not a Lawyer. So act accordingly. Click here for information. Self-filed LPR
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#6
6th February 2009, 03:44 AM
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Just remember that you have to file in both states. You may want to use a tax professional if you are not totally comfortable with the process.
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