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Married But Filing Separately!!!!

Discussion in 'US Citizenship' started by arigsagc, May 7, 2008.

  1. arigsagc

    arigsagc Registered Users (C)

    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.

  2. truckensafely

    truckensafely Registered Users (C)

    No problems whatsoever as long as you payed your taxes.
  3. LolaLi

    LolaLi Active Member

    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.
  4. GhostRider

    GhostRider Registered Users (C)

    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).
  5. LolaLi

    LolaLi Active Member

    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. :)
  6. thedeepsea

    thedeepsea Registered Users (C)

    I agree. Be prepared to answer why you did not file a joint return.
  7. warlord

    warlord Registered Users (C)

    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...
  8. aabbcc11

    aabbcc11 Registered Users (C)

    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.
  9. kckfs

    kckfs Registered Users (C)

    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).
  10. Nimche

    Nimche Registered Users (C)

    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)
  11. warlord

    warlord Registered Users (C)

    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...
  12. Jackolantern

    Jackolantern Registered Users (C)

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

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