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

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. 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 attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. 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. ***************************************** LEGAL DISCLAIMER James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on business, estate planning ( Wills and Trusts), probate administration, tax,real estate and tax exempt organizations. The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.


  3. I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. 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."

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