Documents required with N-400

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L1toGC

Registered Users (C)
Hi, I'm wondering if this apply to me:
"If you have a dependent spouse or children who do not live with you, send..."

Filing N400 under the 5 year LPR rule. My kids are all grown up and I'm married to my wife more then 30 years. We are not divorced or separated, just my wife is not live with me.

What excactly is a dependent spouse? Does it apply to me?

Thanks
 
L1toGC said:
Hi, I'm wondering if this apply to me:
"If you have a dependent spouse or children who do not live with you, send..."

Filing N400 under the 5 year LPR rule. My kids are all grown up and I'm married to my wife more then 30 years. We are not divorced or separated, just my wife is not live with me.

What excactly is a dependent spouse? Does it apply to me?

Thanks
Click to expand...

For immigration purposes, it only applies to you if you are supporting her financially by court order. This is typically the case for spouses going through legal separation.
 
Thanks,

No, we are not going through separation, but yes we file TAX jointly (we are legaly married) and she received an ITIN# from IRS.
My TAX advisor said we need to file all world wide income. Is that a problem?
 
L1toGC said:
Thanks,

No, we are not going through separation, but yes we file TAX jointly (we are legaly married) and she received an ITIN# from IRS.
My TAX advisor said we need to file all world wide income. Is that a problem?
Click to expand...
Is what a problem? Filing jointly for tax purposes? Only permanent residents and USC must declare world income.
 
Meaning, since I'm a LPR I'm required to file TAX. Is filing jointly, in the "eye" of USCIS, a matter to deny my N-400?
I now, I could be ask for TAX-Transcripts and I will provide them in case of interview.
IRS is clear about this, vistors (my wife, when she come on visit) "nonresident" must file Income TAX when they meet substantial presense test.

Do you think, there is a problem?
 
Bobsmyth said:
Is what a problem? Filing jointly for tax purposes? Only permanent residents and USC must declare world income.
Click to expand...

H1B, L1, and some other types of nonimmigrant status require reporting of worldwide income on the US tax return, if the individual meets certain conditions (e.g. being present in the US for 183 days of the tax year).
 
If your wife doesn't live with you, and didn't live with you for any time during the tax year (especially if she was outside the US), you likely have the option to file as single. Read up the instructions carefully or seek the assistance of a tax professional.
 
Thanks Jackolatern,
still is this an issue filing for N-400 to become a citizien? Do I need help from a Lawyer? Guess I'm scared to do something wrong.
 
Thank you very much Bobsmyth,
no, I never failed taxes. Just not sure what to say when USCIS officer ask me about it.
 
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