Can you apply for citizenship based upon 3 years marriage if you and your wife only filed one tax together ?

Asked over 1 year ago - Hillsboro, OR

I've been married to a U.S Citizen for almost 5 years now. After I got my green card in june 2009, we went to Europe for 5 , 5 months in order for me to complete my thesis. Therefore , we did not file tax in 2009. we came back to the U.S in 2010 . I got a job and she didn't. We filed together our 2010 taxes. In 2011, I filed my tax alone because she works from home and from the internet and we didn't know how much she made in 2011. We wanted to file 2012 taxes together but we just received an email stating that she made $ 25K online last year and she must declare her taxes. We don't know when she made that kind of money. If I file married but file separately, is this going to affect my Citizenship application? Thanks

Attorney answers (4)

  1. James Oberholtzer

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . I am a tax attorney. It should always be better for you to file married jointly. If you look at the tax you pay filing separately and filing jointly, it is almost always less total tax to file jointly. Given that, why would you file separately? It seems fishy to me and I expect that it would seem fishy to the INS as well.

    Please be sure and mark the best answer. Thank you! hope this helps. ***************************************... more
  2. Chase N Morinaka

    Contributor Level 6

    2

    Lawyers agree

    Answered . The answer to your question will depend why a USCIS officer thinks you filed your taxes as you did. You may have an issue under the requirement of "good moral character."

  3. Nicklaus James Misiti

    Contributor Level 19

    2

    Lawyers agree

    Answered . Not necessarily but you need a reason for doing so. It also sounds like you need a tax professional or tax attorney because how you are handling your taxes does not sound right.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  4. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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