Me and Wife (USC) are separate. Can i apply for a US Citezenship?

[simochaib 0]

I received my 10 yrs Green Card on April 2009, and for some reason I decided to move out from where I use to live (My wife’s parent house) on September 2009. I asked my wife to move with me but she refused which’s not far from her parents (35 minutes driving).

Anyway, My Wife and I were separate since then even we still see each other and we have a good relationship and legally we still married but when it comes to filling taxes, she decided to file as separate for simple fact is that we don’t live in the same address and because she wants to get her own money and the only evidence we still share is the Health Insurance (Family Plane).

The problem is that when I filed my taxes, the Tax Office I filed with he put me as a single for Tax return of 2009 and 2010 instead of separate and I didn’t care because me and my wife were going to get divorce but now things are going much better and she’s going to move to live with me.

My questions are:

1- Is that going to be a problem if I want to file for a U.S Citizenship based on three years of marriage on April 2012?

2- Should I contact the IRS to correct my Tax Return from single to separate?

3- Should I hire a Lawyer to help me with my case? And how much it'll cost me if i have to?

4- There’s anything I have to do?

Me and my wife live together now and I don’t thing I should wait for five (5) years. Correct?

Please help me with yall experiences and thanks a lot everybody.

[Haarp425 26]

I received my 10 yrs Green Card on April 2009, and for some reason I decided to move out from where I use to live (My wife’s parent house) on September 2009. I asked my wife to move with me but she refused which’s not far from her parents (35 minutes driving).

Anyway, My Wife and I were separate since then even we still see each other and we have a good relationship and legally we still married but when it comes to filling taxes, she decided to file as separate for simple fact is that we don’t live in the same address and because she wants to get her own money and the only evidence we still share is the Health Insurance (Family Plane).

The problem is that when I filed my taxes, the Tax Office I filed with he put me as a single for Tax return of 2009 and 2010 instead of separate and I didn’t care because me and my wife were going to get divorce but now things are going much better and she’s going to move to live with me.

My questions are:

1- Is that going to be a problem if I want to file for a U.S Citizenship based on three years of marriage on April 2012?

2- Should I contact the IRS to correct my Tax Return from single to separate? YES. You are still married. You are not D-I-V-O-R-C-E-D yet.

3- Should I hire a Lawyer to help me with my case? And how much it'll cost me if i have to?

4- There’s anything I have to do? Some people join the Military and get USC in 1 year.

Me and my wife live together now and I don’t thing I should wait for five (5) years. Correct? Probably you can apply after 2 years and 9 months after getting your GC, but you need to show proof of relationship is still going on like joint bank statements, utility bills, phone bills, car insurance, etc.

Please help me with yall experiences and thanks a lot everybody.

[simochaib 0]

Thank you so much for your advice but we don't have joint account or bills under our names for the last year and a half

[Haarp425 26]

Thank you so much for your advice but we don't have joint account or bills under our names for the last year and a half

Why don't you get started again and join your bank account and bills both of your name at this present time?

[simochaib 0]

Why don't you get started again and join your bank account and bills both of your name at this present time?

I can if that will help the case now.

[Haarp425 26]

I can if that will help the case now.

Everyone has problems. What you need to show now is that you still have relationship and you are STILL together.

[simochaib 0]

Everyone has problems. What you need to show now is that you still have relationship and you are STILL together.

YES

[hala_amira 1]

I have seen some people on VJ argue about if you still have to "prove" that your marriage is valid during the filing for citizenship, even if the greencard was obtained through marriage. I can't remember the thread but it was back in the summer. I know that you need to submit your last 3years of taxes. I guess it could be questioned as to why you decided not to file a joint return together. And not only that but you listed yourself as "single" on your return, so not only is it filed separately but you listed yourself as single, not even listed "married but separated?" Is it because your tax guy didn't have you wife's SSN to file?

I agree that you need to rebuild evidence that the marriage is still valid since your tax returns will show the time of separation in the marriage.

[NickD 203]

I have seen some people on VJ argue about if you still have to "prove" that your marriage is valid during the filing for citizenship, even if the greencard was obtained through marriage. I can't remember the thread but it was back in the summer. I know that you need to submit your last 3years of taxes. I guess it could be questioned as to why you decided not to file a joint return together. And not only that but you listed yourself as "single" on your return, so not only is it filed separately but you listed yourself as single, not even listed "married but separated?" Is it because your tax guy didn't have you wife's SSN to file?

I agree that you need to rebuild evidence that the marriage is still valid since your tax returns will show the time of separation in the marriage.

Actually, its married filing separately that is only only choice, listing yourself as single is against the tax law, better get that corrected. Even while I was legally separated from my ex-wife, I filed a joint return for tax advantages until after the divorce was final, then I could switch to a head of household status since I got the kids. In our present case, with a happy marriage, sure pays to file jointly, only then could we claim tuition payments and file the Schedule M for an extra 800 bucks of less taxes to pay plus got a break in our state income taxes as well.

In regards to our corporate owned and run congress permitting huge trade deficits, and even honoring these corporations with tax breaks for shipping our jobs overseas, know of several couples that are literally forced by our government to split up and cannot even find jobs for both of them in the same city, so one or the other has to rent a room and live even several hundred miles away.

In this case, the spouse still has their permanent address listed as where the other spouse lives, and that is the address that is used on your return, your permanent address. Even the IRS has a bulletin on incompetent tax preparers, I hold them at fault in this respect as no such thing as an IRS certified tax preparer, but their out is to hold the individual taxpayer fully responsible, even though you paid an idiot to prepare your taxes.

Its really not that complicated, speaking very facetiously on this subject. They only have 12,000 pages of tax laws and only 1025 different forms to fill out. This is but one of 1,525 different government agencies we have to deal with. The other for most of us is dealing with the USCIS that is living in some kind of perfect dream world. But you have to join their dream world and make them happy if you want to stay here.

What I would suggest in your case, first get that single tax return corrected, get your marriage back together and wait the full five years where the evidence requirements are far thinner. those two years go by quick. One of the reasons I pushed my wife was some dumb thought we could avoid those long trips to her consulate office, but we still have to do that. Can't believe this country I had to give up six years of my life for is so screwed up. At least my stepdaughter won't have that problem, she was born in a different country from her mom, but still had to wait the full five years because due to USCIS delays in processing, she barely turned over 18 years of age. Today, she should get her US citizenship, really don't know where those two years went to. Times flies by quick when you are having fun, even if you are not.

Oh, when you get your US citizenship, take an interest in your government, in our last election, only about 30% of the Americans showed up to vote in our state. And 65% of them can't even prepare their own taxes! No wonder why this country is going to hell.

[warlord 73]

I have seen some people on VJ argue about if you still have to "prove" that your marriage is valid during the filing for citizenship, even if the greencard was obtained through marriage. I can't remember the thread but it was back in the summer. I know that you need to submit your last 3years of taxes. I guess it could be questioned as to why you decided not to file a joint return together. And not only that but you listed yourself as "single" on your return, so not only is it filed separately but you listed yourself as single, not even listed "married but separated?" Is it because your tax guy didn't have you wife's SSN to file?

I agree that you need to rebuild evidence that the marriage is still valid since your tax returns will show the time of separation in the marriage.

This should only apply if one was filing for citizenship under the 3 year marriage rule. If one has had their CG longer then 5 years, then they don't need to worry about divorce or marriage.

So that's where the problem comes in if he's trying to get citizenship based on the 3 year marriage. If that's the case, it might be better just to wait till after the 5 years of PR status and just apply based on that. Becauase of right now the separation probably would come into play as people have suggested (of course this depends on the IO and evidence).

[simochaib 0]

This should only apply if one was filing for citizenship under the 3 year marriage rule. If one has had their CG longer then 5 years, then they don't need to worry about divorce or marriage.

So that's where the problem comes in if he's trying to get citizenship based on the 3 year marriage. If that's the case, it might be better just to wait till after the 5 years of PR status and just apply based on that. Becauase of right now the separation probably would come into play as people have suggested (of course this depends on the IO and evidence).

Thank you so much Warlord and NickD, I really apreciate your advices and i think that's the best way to do it, is to wait for five (5) years instead of dealing with something that i don't need to. First things i should do now is to correct my Tax Return even i knew that is going to give me a headach and maybe cost me more money too.

Thanks a lot everybody and i wish the best for yall.

GOD bless yall.

[Brother Hesekiel 2,236]

You are not eligible to file an N-400 now. You may get away with it, but only by material misrepresentation (check out the N-400 form!). I don't know you, but I am pretty sure you won't want to take this risk for nothing. Wait another 2 years. Since you have a 10-year Green Card, it costs you nothing. You just can't vote in November of 2012, but that's about it.