I don't have joint taxes!!!

[yas1 0]

Hi,

I've prepared my ROC package,and I might send it next week. But I'm thinking something maybe is wrong! we don't have joint taxes. actualy, my husband put my name on his taxes as his wife but he submited them as married filling separately.I haven't had a job here, and I've never filed for tax by my self. I don't know why he has done this to me. I am not familier with tax's rules, and I don't know what happen to him if he had submited them jointly? or what happen to me because I don't have these main proof?

I asked him to file them jointly , but he diden't accept my request.

Is it a red flag in my case? I'm so depressed.

Could it ruin my case or cause it take so long?

thank you

[Harpa Timsah 13,258]

Your husband just lost around $6K or more by doing it this way.

Stupid.

[Noel194 53]

I would simply fill out the last two or three years tax forms and put 0.00 for income and send them in. That way you have fulfilled the requirement to file US taxes. Joint taxes is one of the items that can show an bonafide marriage but there are many others as well.

Edited April 5, 2013 by Noel194

[h1a1 5]

You should file your taxes ASAP.

My husband and I both filed married filing separate last year and this year. He was getting a big refund and I have too many 1099s to file early like he prefers to do. Suits us better to file separately.

[Dave&Roza 748]

Your husband just lost around $6K or more by doing it this way.

Stupid.

I agree . You file as married filing seperately only if it benefits your tax situation and with one person earning no money and the other person having all the income, it makes more sense to file jointly so the non-earner's standard deduction can be taken off the earner's income. Otherwise you are taking a standard deduction on zero income and thus loosing its benefits. You still need to FILE an income tax return even with zero income to show you are compling with the tax laws of the US OR you can find the IRS rule in the CFR that fits your situation that proves that you are not required to file a tax return. IMHO, given your situation it would be far easier to file your back tax returns and have it(Them) available for the USCIS for ROC.

Dave

[Darnell 8,479]

so prep (you) the 1040x form (choosing married filing jointly) for the years that he did this,

and show him the refund amounts..

he should then see the merit of signing his name.

and you'll have some new relationship fodder to use as evidence.

Money, IMO, is the best bribe, ever.

Edited April 6, 2013 by Darnell

[Darnell 8,479]

pssssssssst - Do Fill Out yer timeline over at http://www.visajourney.com/timeline/profile.php?id=135532 , nowish, please? and Thank You !

[bigdog 376]

Married jointly with no income on one side is a no brainer, more money back. Check with a tax professional for the best option, file married joint or separate.

[Darnell 8,479]

i say never check with a tax professional, and instead, do your own research, practice filling out the forms.

Why? One learns more, when it's one's own pencil and paper.

[VanessaTony 3,567]

It doesn't matter if you file separate or jointly. Ask him for a copy of his taxes showing you listed as his wife.

As you didn't earn any money you do NOT need to file taxes.

It makes no sense to me that he wouldn't file with you, he'd get more of a refund, but maybe he didn't know that, or maybe he's trying to keep his finances from you.

As long as you have other evidence (joint bank accounts, bills etc) then you'll be fine.

You should file your taxes ASAP.

Why? She didn't work, she has no income to file taxes on...

Your husband just lost around $6K or more by doing it this way.

Stupid.

Pfft I wish! Our first year (me not working) we only got an extra couple grand, certainly not $6K!! Man what I could've done with that!

[It_takes_2 5]

It's not too late! he can amend past inome tax returns and if he was owed money he'll get the refund up to the last three years, so 2009. Show him the math that by filing married filing jointly you get a bigger refund (as others have mentioned). I use taxact.com it has an option to show you the comparison of joint vs separately.

Either way, there's a reason couples are given two choices. They are both valid forms for couples to do their taxes so it should be good enough evidence for USCIS.

[Noel194 53]

US Citizens do not have to file tax returns if they have no income but I was told one of the duties of a LPR was to file a US tax return each year even if it says 0.00 From the USCIS website:

Rights and Responsibilities of a Green Card Holder (Permanent Resident)

Your Rights As A Permanent Resident

As a permanent resident (green card holder), you have the right to:

Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)

Be protected by all laws of the United States, your state of residence and local jurisdictions

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

Required to obey all laws of the United States the states, and localities

Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities (see IRS link to the right)

Expected to support the democratic form of government and not to change the government through illegal means

Required, if you are a male age 18 through 25, to register with the Selective Service

I don't see an option to file only if you have income.

Edited April 7, 2013 by Noel194

[VanessaTony 3,567]

US Citizens do not have to file tax returns if they have no income but I was told one of the duties of a LPR was to file a US tax return each year even if it says 0.00 From the USCIS website:

Rights and Responsibilities of a Green Card Holder (Permanent Resident)

Your Rights As A Permanent Resident

As a permanent resident (green card holder), you have the right to:

Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)

Be protected by all laws of the United States, your state of residence and local jurisdictions

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

Required to obey all laws of the United States the states, and localities

Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities (see IRS link to the right)

Expected to support the democratic form of government and not to change the government through illegal means

Required, if you are a male age 18 through 25, to register with the Selective Service

I don't see an option to file only if you have income.

You will see that for American's it says the same thing on the IRS website "you are required to file a US tax return no matter where you live on worldwide income".

It is common sense that if you have no income, you have not paid tax and have no income to file taxes on...

Edited April 7, 2013 by Vanessa&Tony

[yas1 0]

Thank You so much guys,

I've decided to send my ROC package to USCIS without Joint taxes.But I'm going to file my tax with zero income.

[Christi85 86]

Not having joint tax returns is unlikely to ruin your case in itself if you have plenty of other evidence of a bona fide marriage and financial co-mingling. Technically you could get an RFE for this I suppose, but if your package is otherwise complete with good and strong evidence, they may not even care at all about the lack of joint tax returns. In and of itself, it's unlikely to be a reason for denial. Make sure your package contains a lot of other good evidence.

Re joint tax returns, I agree with what other people have said - filing jointly, especially if there is only one income, will get you much better tax breaks. If nothing else, I'd make sure my husband was aware of that. And yes, you can always amend your tax returns at any point and change your filing status to "married filing jointly" if you guys decide so.

Best of luck with ROC and be sure to add yourself to the April filers thread when you do file