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 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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 www.debbiklopmanlawoffice.com email@example.com 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
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.
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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.