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Will my husband not claiming me on his Taxes be a problem when I file for a Green Card?

Oakland, CA |

My husband and I have lived with my parents since we got married and my parents claimed me once or twice on their taxes will this be an issue when I apply for a green card? I have not worked since we've been married so therefore I have no taxes to file so I am just a dependent. We also have a son and my parents claimed both of us one year when my husband was out of work.

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Attorney answers 5


Consult an attorney on this. The question in marriage cases is whether or not the marriage is bona fide, or real. As long you do everything legally, and can explain why the taxes were filed the way they were filed, you should be ok.

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It depends on why the taxes were filed separately. Consult with an experienced immigration attorney before you file the petition.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


Why were taxes filed separately? Definitely consult with a local immigration lawyer. I’m sorry, but my firm only handles personal injury cases.

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It all depends on whether you were a dependent of your parents or husband. At the end of the day so far there is no fraud involved in the filing, I don't think it would be a problem.


The government is interested in ascertaining whether you are in a bona fide marriage. That is they are most interested in establishing that you are really married. If there is a reasonable explanation for why you have filed separately and otherwise you can establish that you are in a bone fide marriage this shouldn't be a huge issue for you.

That said, you should consult with an attorney who can give you advice based on detailed knowledge about your situation.