You can, but filing income taxes separately (single or married filing separately?) raises a red flag. If filing as "single" - it is also fraudulent. I would highly recommend speaking to an experienced immigration attorney in person.
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I agree with my colleague ... separate tax returns is a red flag.
You had better submit LOTS of co-mingled asset documents (bank, insurance, credit card, etc.) along with joint lease, or joint property ownership, and LOTS of affidavits.
Time to meet with an attorney? Ya sure, you betcha.
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Theoretically you can, but you must have a good reason why you are doing so. Also, I suggest you include a lot of joint documents which show the bona fides of your marriage. It is your burden to prove that the marriage is real and not for immigration purposes only. I strongly urge you to retain an immigration attorney to assist you in this matter. Good Luck.
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It may be possible but you are going to have at least one red flag to overcome. It is highly advisable you speak with and retain an immigration attorney without such issues and even more important with such issues. My firm handles such cases in NY.
Law Offices of Nicklaus Misiti
212 537 4407
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.