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Is filing separate affecting the removal of conditional green card?

New Rochelle, NY |

My husband and I have been married for a year. I obtained a conditional green card in June 2010 and started to work as independent contractor from July. In the meantime, my husband lost in job in September and was still studying. My husband was able to get financial aids and scholarship, but we realized that if we filed taxes jointly he might lose it although I made less than $10 000 between July to December 2010. If we file married but separate, is it going to affect the removal of conditional next year?

Thank you very much for your help.

Attorney Answers 2


Well, it might.

They look at all evidence of a shared marital life, and joint tax returns are considered very strong evidence. The question is, how strong is your other evidence? With lots of other shared financial and other documentation - joint accounts, utilities, lease, insurance, estate planning, etc. - you may be approved even if you filed taxes separately.

But, you need to have an attorney evaluate your case.

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I always advise my clients to file income taxes in whatever way you can legally get the largest amount back. Do not let an accountant simply tell you that you will get more back if you check a certain box on the return. Make sure that what the accountant is doing is proper for a married couple. You should definitely speak with an immigration attorney to make sure that you are not hurting your case - it will depend on what other evidence you have.

The above is not intended as legal advice.

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