Tax filing issue

[John+Lourdelie 28]

We have a friend that is hoping to file for her Citizenship soon. Her marriage has been a difficult one in that her husband has basically treated her as a live-in maid. She does not even have a key to the house and had to pay for her own on the ROC, AOS and is currently trying to save for her Citizenship filing.

Anyway, the filing requirements say that she needs to provide 3 years of tax returns or transcripts. Last year she filed an individual return (2013) and previous years they filed joint returns.

Does she need a copy or transcript from her "husbands" return for 2013? She says she has copies of the prior year joint returns.

They are still living together but I suspect that will end when she has Citizenship and a full time job. I believe that they have a joint banking account that will show co-mingling of money.

Thanks,

John

[carton025 38]

She should be able to go to irs website and reqest the years itr's from the irs just using her ssn. This is what I did for my gal N-400. She is listed as the primary taxpayer, filed joint, and I was able to get the 3 yrs. tax tanscripts using my ssn since it is also listed on the itrs.

Best of luck!

[John+Lourdelie 28]

Thanks for the reply, but I think her situation is different. For TY 2013 they filed seperatly. She has the return for her filing but I don't think she has his for TY 2013.

Maybe she can get it as she has his SSA# but is it legal for her to request a copy of his individual transcript? He will offer no help in her applying for her Citizenship. She must do everything on her own.

[furiousng 2]

Thanks for the reply, but I think her situation is different. For TY 2013 they filed seperatly. She has the return for her filing but I don't think she has his for TY 2013.

Maybe she can get it as she has his SSA# but is it legal for her to request a copy of his individual transcript? He will offer no help in her applying for her Citizenship. She must do everything on her own.

She can get all transcripts using her SSN on the IRS website. The only one she can't get is earnings transcripts which requires the SSN associated with that particular earnings statement.

[Birdo 16]

If she is planning on filing under the 3 year rule of being married to the same spouse as who she married to get her green card, the tax filing separately is slightly strange and may pose a problem for the officer. Just out of curiosity, why doesn't she just move out, get a job, get divorced and then go for the citizenship at a later date? She does NOT have to wait to be a citizen to get a job and move on with her life from her husband who isn't treating her well. She has her 10 year green card and that's good for most everything in the U.S.!

[John+Lourdelie 28]

I think she would like to move out and move on with her life but she is not finacially able to now. He does provide a roof over her head and thankfully does not charge her to live there. She currently has 2 PT jobs that pay minimum wage and could not afford to be on her own and pay rent, utilities, food, etc.

She is planning on going to school to become more self sufficiant but that will take time. Not sure of her reasoning for wanting Citizenship now, except that she can apply now and does not want to wait for the 5 year mark.

[miss805 2]

If she is planning on filing under the 3 year rule of being married to the same spouse as who she married to get her green card, the tax filing separately is slightly strange and may pose a problem for the officer.

Not true, people file married separately for different reasons and USCIS officers know that.

Thanks for the reply, but I think her situation is different. For TY 2013 they filed seperatly. She has the return for her filing but I don't think she has his for TY 2013.

Maybe she can get it as she has his SSA# but is it legal for her to request a copy of his individual transcript? He will offer no help in her applying for her Citizenship. She must do everything on her own.

She doesn't need her husband's tax return for 2013. She is the applicant and USCIS only cares about her taxes.