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Results 1 to 6 of 6

Thread: IRS & Implications on immigration status

  1. #1
    Hello everyone,
    I have a doubt/question about the implications on my immigration status if my husband and I file IRS taxes separately-reference year 2007.
    We have been married for 6 months now and we both had our interview and our conditional GC was recently approved.
    My husband is self-employed and have a regular job.
    My question is, if we file taxes separately, will this affect(negatively) my immigration status when I apply for removal of conditional GC or when I apply for citizenship in the future?

    Thank you very much for you help

  2. #2
    Hello everyone,
    I have a doubt/question about the implications on my immigration status if my husband and I file IRS taxes separately-reference year 2007.
    We have been married for 6 months now and we both had our interview and our conditional GC was recently approved.
    My husband is self-employed and have a regular job.
    My question is, if we file taxes separately, will this affect(negatively) my immigration status when I apply for removal of conditional GC or when I apply for citizenship in the future?

    Thank you very much for you help

  3. #3
    Hi Noble heart

    it will not matter. You may be questioned as to why you filed married filing seperately. just have explanation ready.

    It is your right to not file or to file joint. if it works out better that you get a more favorable tax, then so be it... file MFS instead of joint.

    Just be aware that if you file joint now, the return cannot ever be amended to be filed MFS later.

    If you file MFS now, you can file later to amend it to a joint return within the IRS timeframe for amendments.

    Just be sure that this is the case, and check with your accountant/CPA for advice.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">It is your right to not file or to file joint. if it works out better that you get a more favorable tax, then so be it... file MFS instead of joint. </div></BLOCKQUOTE>

    This is good to know, 4Now. I wasn't sure how harshly USCIS looked at situations involving an immigrant spouse. It's only fair to be able to file taxes to the tax payer's $ advantage regardless of status.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    Hi Noble heart

    it will not matter. You may be questioned as to why you filed married filing seperately. just have explanation ready.

    It is your right to not file or to file joint. if it works out better that you get a more favorable tax, then so be it... file MFS instead of joint.

    Just be aware that if you file joint now, the return cannot ever be amended to be filed MFS later.

    If you file MFS now, you can file later to amend it to a joint return within the IRS timeframe for amendments.

    Just be sure that this is the case, and check with your accountant/CPA for advice. </div></BLOCKQUOTE>
    Good explanation.

    However, amending from MFJ to MFS can happen if the amended return is filed by 4/15/2008 after a properly completed and processed origional tax return or the marriage was never valid if filed after 4/15/2008 (this is extrmemely hard to do since it requires proper documentation from state authorities and does not include annulments.).
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  6. #6
    Thank you guys for your replies.
    The only reason I want to file as MFS(married filing separately) is that by doing so I will be able to get a more favorable tax(get a bigger tax return).
    I just want to make sure that by filing MFS will not compromise my immigration status when we apply for removal of conditional CG
    Thanks again!

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