Removing of conditional green card

Asked about 2 years ago - New York, NY

Hey, i m married and received a conditional green card so i would like to know if filing the taxes separately with my spouse will affect the removing of the conditional green card and apply for the 10 years.

Attorney answers (4)

  1. Debbi Lee Klopman

    Contributor Level 15


    Lawyers agree

    Answered . I would suggest that you contact and retain qualified immigration counsel. While filing your tax returns separately is not dispositive of the case, it woudl be preferable if you filed the return as "married"...The examiner will take note of all of the evidence you present. If you have a child together, own property together, and or joint car and health insurance this would all mitigate against the tax returns being filed separately. It also matters who writes affidavits in support of your application and how extensively written they are. Contact an immigration attorney who can help you prepare a strong filing. Good luck!

    Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 718... more
  2. Irene Vaisman


    Contributor Level 20


    Lawyers agree

    Answered . You really should be filing jointly. Sometimes for various reasons people have to file separately but then you need to do it as married filing separately but be prepared that it will raise a red flag.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. Umit Mike Gursoy

    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleagues. However, If there are legitimate tax reasons for filing the tax return as married filing separate, then perhaps Immigration may find this to be acceptable. However, certainly as my colleagues have stated this may nonetheless Cause some adjudication issues.

  4. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . Filing separately will give the appearance that the marriage is not "real." If there are legitimate reasons for this you should be prepared to explain them and also provide additional evidence to prove that your marriage is in fact legitimate one.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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