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  • I751 interview

    Guys, I need to get this right before my I751 interview. My spouse and I have our proofs of bonifide marriage excepted that we never field joint taxes together. We have always filed separately, and she even filed Head of Household. Do you think we would have a problem because we do not file our tax jointly?

  • #2
    Guys, I need to get this right before my I751 interview. My spouse and I have our proofs of bonifide marriage excepted that we never field joint taxes together. We have always filed separately, and she even filed Head of Household. Do you think we would have a problem because we do not file our tax jointly?

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    • #3
      No, yOu should not have any problem. It is not a requirement to file taxes together

      Comment


      • #4
        If I was a BCIS officer, this would be a HUGE red flag because people normally file taxes together and not to do so would be financially retarded.

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        • #5
          Once again Michael, you display your ignorance.

          There are a thousand reasons why people file taxes separatley. Each circumstance is different and there can be various benefits or hinderances if your file "Married - filing separatley".

          dabadaba: I doubt it will be an issue (as long as you did file "Married - filing separatley". If you filed single - you commited tax fraud and there are seveal ramifactions of that - you don't want to lie to either the IRS or the INS... It will bite you in the assets...

          ARQU

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          • #6
            There are no circumstances where filing seperately would be better off. You are always better off filing jointly unless you were trying to hide something or if the other spouse was refusing to cooperate with you. I would suspect that a USC spouse in a sham marriage would be relunctant to share this information with his spouse. You say there are a thousand examples. Give one. Just one.

            Comment


            • #7
              Actually - the head-of-household portion does look a bit suspicious...

              I'll have to review my tax law a bit but if one spouse has no (or little income) and the other has significant income yet there are no real itemized deductions between them - then it works out better to file Married filing separatley.

              Also if the combination of incomes throws you over threshold for extra taxes (ie: NJ's proposed $500,000 and above extra tax...) there may be advantages to separate filing...

              Also if you are running a business there may be advantages to filing separatley as well.

              That is just off the top of my head - but perhaps I'll look into it some more. I know that the math worked out better for my ex and I to file separatley back in '99 (we were still married and living together at the time). I'll have to dig into the circumstances of that to properly answer your response..

              ARQU

              Comment


              • #8
                I am a tax professional. If you are married, you have two choices: Married Filing Jointly or Married Filing Seperately.......Head of Household is NOT an option. (Certain Married people who lived apart from their spouse for at least the last 6 months of the tax year may use this Head of Household Status.) (always an exception)

                In years past, the Married filing seperately almost certainly (99.9%) of the time resulted in paying more taxes. Sometimes if someone enters into a marriage with someone with some back tax issues, that person may not want to file jointly with their spouse.

                Because of the many tax law changes, the married filing seperately status still results in most cases of having to pay more taxes, but the increase has substantially been lowered. There are also more cases that I have come across where filing seperately actually saved dollars, but of course if you live in a Community Property state, there are more ugly issues to face that make this rather sticky.

                Comment


                • #9
                  Thats true its not a major issue if you can really-really have another strong proof. But some officers like to make things difficult and follow the book...so most of the times...they will asked joint tax returns.

                  Comment


                  • #10
                    When I said there were no reasons I meant strictly from an overall tax and financial overview. The reasons for not filing jointly would be because the other spouse is not trustworthy or if they are not cooperating in anticipation of a divorcr or what not. This is why its a red flag. Oh yea, head of household is illegal; I believe thats tax fraud.

                    Since people say I never offer good advice, here is *** BRILLIANT *** advice from me...

                    REFILE your taxes from previous years and do it right filing jointly !!!!

                    Comment


                    • #11
                      You made a mistake in this sentence "Since people say I never offer good advice, here is *** BRILLIANT *** advice from me..."

                      This is what you meant: "Since I never offer good advice, here is *** BRILLIANT *** advice from me..."

                      Just helping! may you follow me on this!

                      Comment


                      • #12
                        Hi dabadaba,

                        Actually jointly filled taxes are very good evidence of bona fide marriage but if u haven't done it then its ok as long as u can prove your marriage legit by other means .... So u should be ok... even if they call u for interview u can always come up with explanation ...so don't worry much about it...good luck...Pasha

                        Comment


                        • #13
                          Michael - I never thought I would agree with you but...

                          The taxes should be refiled if they were not filed correctly... You can refile for any of the previous three years..

                          But enough reconciliation - I'll go back to my position on situations such as mine and you are, of course, free to continue with your misguided opinions...

                          ARQU

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