I am currently married but separated. N400 application

Asked 6 months ago - New York, NY

I am currently married but separated. when i file tax i file as single. will this affect me on my N400 application? i am file based on the 5 year rule

Attorney answers (4)

  1. Jagbir Singh Terkiana

    Contributor Level 14


    Lawyer agrees

    Answered . Yes. I don't see any potential issues, as long as the marriage was bonafide. Good luck.

  2. Gerald P. Goulder

    Contributor Level 12


    Lawyers agree

    Answered . Tax issues should be addressed by complement tax counsel or tax accountant. The immigration aspect of your question is that separation and/or divorce should not affect the N-400 based on 5 years residency; provided the marriage through which permanent residence was granted was bona fide.

    The person who posted this question, as well as anyone else who reads this response, should understand that the... more
  3. Glenn Johnston

    Contributor Level 17

    Answered . Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law. Unless you are legally separated, then you may not file as single.

    If you are not legally separated, then you should speak to an accountant about which filing status will be most beneficial to you.

    As to your N400, if you have had continuous presence for the five years, this should not be a problem, but the answer will depend upon the specifics of your application.

    This does not constitute legal advice or the engagement of my services as an attorney.
  4. Stephen D. Berman

    Contributor Level 20


    Lawyer agrees

    Answered . Yes, my understanding is that you are not permitted to file single when you are not single.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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