Income Tax-Filing Separately

[danver 15]

Hello,

Happy New Year everyone.Me and hubby is married for 5 yrs. and came here through K1 visa.

I am getting ready for my N-400 or citizesnhip application. Me and hubby agreed that this time we will file our income tax as married but filing separately for child support reason. He's been out of work for 2 yrs. and am the one working full time.

My concerns are:

1. If we file our income tax as married filing separately,,would it not cause red flag if i apply for my citzenship? We are happilly married for 5 yrs. we just wanna do it this time for child support reasons.

2. If i apply for the N-400 do i have to pay each separately since i have 3 kids ? Or i will be paying for just myself and include the kids inthe application? Or how does it work?

3.Do i have to make separate application form filled up for me and each of my 3 kids?

Thank u very much.

Edited January 7, 2012 by danver

[NickD 203]

Being married for five years doesn't make any difference, how long have you had your green card? If that is also five years, no need to file for the three year marriage privilege. Can just file by yourself where practically no evidence is required, including tax returns.

If you husband is paying child support and you have three kids, dependents, and under the age of 18, think you were given bad tax advice depending on your income, would have received far more deductions filing jointly. For is perfectly legal to file married and separately if going for the three year, but will need the returns for both you and your husband.

The thing they don't tell you about, once you get married, you are liable for your spoused debts, either indirectly or directly, its still family money. And if he owns a home, they put a lean against that home for child support, can't make the payments, you still are out in the street. A good friend got robbed of half his paycheck with just two kids for child support while it was his wife that was fooling around. A darn good reason for me to put up a hell of a fight to gain full custody of my kids, but didn't say that. Said, my ex would starve my kids to death, because she would blow that money rather than use it to property support them. On that basis I did get full custody of my kids.

If you went through the I-751, that is entirely different, pay an extra 80 bucks for each kid and they get their green cards. The citizenship N-400 is not like that, claim your kids under 18 are automatically US citizens, but with no proof. That proof for each kid with a certificate will cost you 600 bucks per kid with an N-600. But can get buy for around 200 bucks per kid by just applying for a US passport. But still no certificate of being a US citizen.

We don't make the laws, just have to abide by them.