I am a green card holder on the basis of my marriage to a U.S. citizen. Me and my wife have been separated for 2 years now but we still file our taxes together. Since we are about to file for divorce this year, I wanted to start filing taxes separately. Even though we have not started the divorce process, my wife insists that I file as single, rather than married but separated. What should I do? Will this affect my citizenship application if I have met the 5 year green card holder requirement?
You can file as single, and you will likely pay more taxes. You need to ask a local tax guy about the taxes. This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Or, if I really hit a home run, write a positive Review. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and unless this is a Maryland case, I am not licensed to practice law in your State. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should not rely on this information to make decisions. I urge you instead to consult with a local attorney.
If you are not divorced by the end of the tax year, you must file with a "married" filing status, either Married Filing Jointly or Married Filing Separately. The one exception is that if you would qualify for Head of Household filing status, other than the fact that you are married, you can file as Head of Household, since you and your spouse were separated for the full last 6 months of the year. In order to file as Head of Household, you must have had a qualifying dependent for whom you provided more than half the cost of maintaining a household. You should NOT file as Single.
Please note this information is general in nature and based solely on the information you have provided. This does not constitute specific legal advice.
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