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WangWu

I-751 (No joint tax returns)

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Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance?

I appreciate any suggestive words.

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I submitted baby's birth certificate, insurance card with whole family, joint bank account, Affidavit letters and some travel documents and pictures by us. The Notice I received yesterday asks more evidences such as tax returns. I am wondering to get the copy of lease from the owner, But I am not sure how to send the tax returns.

Kezzie, thanks for the fast response.

Wang

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Filed: Timeline
Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance?

I appreciate any suggestive words.

If you and your spouse filed tax returns, whether jointly or not, include them, all pages. I take it you both declared yourselves as married, but filing separately, and not "single" correct?

Call your insurance agent, and enquire how to add an additional driver to the family household. Your policy will have a declarations summary page. Although insurance companies may present the information in various ways, on mine at the bottom of this page there's a section listing "driver infomration". It should list all persons covered in your household, and your wife, when added, will be featured. :)

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Timeline

WangWu,

And the tax returns show you and your wife both at the same address?

Yodrak

Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance?

I appreciate any suggestive words.

If you and your spouse filed tax returns, whether jointly or not, include them, all pages. I take it you both declared yourselves as married, but filing separately, and not "single" correct?

....

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Yes, we filed tax return with marriage but separately not "single". We live together and the address on the tax returns are the same address. My concern is that I submit only my tax retuns or both mine and my wife's if I should. Or just ingore the tax returns.

Wang

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Filed: Timeline

Wang,

I agree with diadromous mermaid's advice - submit them both. The common address on the returns is of value.

There are perfectly valid reasons for a married couple to prepare separate income tax returns, and immigration is not a good reason to change an otherwise wise action.

Yodrak

Yes, we filed tax return with marriage but separately not "single". We live together and the address on the tax returns are the same address. My concern is that I submit only my tax retuns or both mine and my wife's if I should. Or just ingore the tax returns.

Wang

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If you don't submit tax returns, the adjudicator may well wonder "why not?". It may be best to avoid leaving that question in his mind.

Assuming you filed as "married filing separately", then the obvious question would be "why did you file that way?". For most married taxpayers, filing jointly will result in a lower total tax bill for the couple than filing separately. If your situation is such that you saved money by filing separately, or had another pressing legitimate reason for filing separately, you might include an explanation of that fact along with the I-751.

If you filed separately and your tax situation was such that filing separately was significantly more expensive than joint filing, then there ought to be some reason why keeping your taxes separate was worth the amount it cost you. The most common reason that married taxpayers file separately even when it's more expensive is because they're going through a separation or divorce and they can't get their spouse to cooperate in the filing of their tax returns. Lacking any other explanation, an adjudicator might assume you're not sharing a financial life together, and might conclude the marriage is a sham. Go ahead and present him with evidence that doesn't allow him to draw that conclusion. Give him another reason why you filed separately.

You don't have to file joint returns. But you do have to show evidence that paints an overall big picture of a marriage that was genuine and not for the purpose of evading immigration laws. If filing separately saved you money, or at least didn't cost you anything, then separate returns could easily be consistent with a genuine marriage. But if you paid thousands of extra tax dollars to keep things separate with no obvious reason, that would probably raise a red flag.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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