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Applying for US Citizen and need to provide tax returns

Phoenix, AZ |

I am applying for US Citizen through marriage. I have been married to my US Citizen wife for 8 years. It has been 4 years since I became a Resident Alien. I have been asked to provide copies of our tax returns on my interview date. The problem is that my wife and I have always filed separate, even though we are married. Will that be a problem for be to become a US Citizen?

Attorney Answers 3


Legally you both are free to file either married filing jointly or married filing separately, therefore, either way that should not present any issues for your naturalization case.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Not if even though each of you files separately (to avoid the "marriage tax penalty" ? ) you each declare to be "married" on your tax returns.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Not if the marriage was bona fide and no fraud involved. How you file your taxes is between you, your wife, your respective consciences and the CPA who prepares the taxes.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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