Joint tax return

[nemozed 1]

We have been waiting nearly a year for the green card. We went through a Bates Interview several months ago which I think we got through pretty well (It was rough though). Now one of my wife's cousin is insisting we should file a joint tax return. I am wondering about this only because it would seem that USCIS would be making its decision based on the income/tax returns I already provided them which predate my wife getting a job and also because as someone who is self-employed my individual tax return is a little complicated and she working only part time hasn't earned the minimum amount to even be required to file a tax return. I suspect a joint return might be a good idea, especially in the future when she gets a full time job but I am not sure it is so vital right now. But I know in matters relating to this whole process I am almost certain to be wrong (Given past experience)/

I would be very interested in getting some feedback/advice on this issue. Thank you very much advance.

[agrabs 246]

I would think it would be a good idea just from the stand point that you will need to show proof again of co-mingleing of finances, etc when you go thru ROC, especially if this was being questioned at AOS,

[Darnell 8,479]

if you two are married in the usa, both residing in the USA,

why would you NOT file 'married filing jointly' ?

'this whole process' has nothing to do with taxes and income tax returns - you two should disassociate Immigration and Taxes for the nonce,

focus on tax stuff now.

Sure, later on down the road, showing a tax return, a collection of tax returns, showing 'married filing jointly' status , when filing the removal of conditions case,

is important.

What is stopping you two from filing as 'married filing jointly' for tax year 2013 ?

[kzielu 1,153]

if you two are married in the usa, both residing in the USA,

why would you NOT file 'married filing jointly' ?

Well, I didn't file jointly because with married filing separately we were getting larger return. Did that two years in a row, RoC went with no problem, had a GC in ~3 months.

Just my 2 cents...

[nemozed 1]

Our process has not gone so smoothly thus far which is why I think it is a good idea for the future, for finances in general and for the ROC. However, they already have the past tax returns and financial information so I don't think it effects the process of getting the provisional green card and as I stated above she has only been working a relatively short time and hasn't earned anywhere near enough to even be required to file. My fear is that it would unnecessarily make a relatively complicated process more complicated and yield not financial benefit. Since it also doesn't seem to yield any benefit in terms of how it effects our case with USCIS I'm not entirely sure why it is so urgent to do so this time out. Next time when she should be working full time and has an entire year's worth of income to report and to combine with my income plus the need to produce documentation and evidence for the ROC it makes more sense to me.

Frankly, my concern is much more about how if effects our current situation with our Adjustment of Status then I am with any potential and I suspect minimal or non-existent financial benefits that it would bring about (Given the current levels of income etc.). I am all ears for someone providing a strong case for filing a joint return this year as it pertains to obtaining her green card.

[agrabs 246]

Well, I didn't file jointly because with married filing separately we were getting larger return. Did that two years in a row, RoC went with no problem, had a GC in ~3 months.

Just my 2 cents...

You might not have had a problem with Roc, but in reading a previous post by the OP - looks like one of the reasons for the Bates interview was due to a lack of proof of co-mingling of finances.

[Darnell 8,479]

nemozed - I suggest you do two returns on paper,

just for practice,

one filing 'married filing jointly'

the other not,

then make yer decision based on the work you've done with the income tax papers.

[nemozed 1]

Yes, not enough evidence of co-mingling, though it was difficult to produce more under the circumstances, paying rent to a relative who paid the actual utility bills etc (Subletting); we did have joint bank account, car and life insurance, shared rent payment, all of which was downplayed by the interrogator. A utility and a couple other bills supposedly would make the crucial difference. Of course we plan to get our own place in the next few months and will be jointly paying all the bills for that. If filing a joint tax return for this year adds to the evidence for the ROC then I will certainly do it. There is no doubt that we will file jointly next year. I am just trying to ascertain filing jointly can effect the current deliberations since they are dealing with the tax returns and other income verification I provided previously, before my wife even had a job.

[nemozed 1]

"this whole process' has nothing to do with taxes and income tax returns - you two should disassociate Immigration and Taxes for the nonce,

focus on tax stuff now."

My position was essentially to disassociate the taxes from the immigration but my wife has an older cousin who has been residing in this country for over twenty years who is hounding her to file a tax return (even though she has earned far less then the amount required to even file); and even though I don't think jointly filing effects our Adjust of Status situation (The relative is adamant that it does; I have been dealing with this person for several years, always insistently pushing advice which more often than not proves to be inaccurate or wrong but since I am not 100% certain and want to do everything possible to ensure the successful completion of the immigration process rather than just dismiss this latest campaign of hers I want to get some other opinions about it).

[kzielu 1,153]

You might not have had a problem with Roc, but in reading a previous post by the OP - looks like one of the reasons for the Bates interview was due to a lack of proof of co-mingling of finances.

How joint tax return is a evidence of co-mingling ? On separate ones you have to provide spouse's name and SSN, you can always provide joint account as place return will to to and will probably be much better proof of co-mingling. I've done exactly what Darnell sugests - ran both scenarios, chose one that was simply bringing me more money back.

[nemozed 1]

kzielu

I agree. To me what you say makes the most sense. I will file jointly next year for sure even if it is in fact not as advantageous financially just to be absolutely sure that they don't make an issue about this and to provide as much evidence/documentation of co-mingled finances as possible, even if they end up discounting it as they have a tendency to do in our case (God knows why?). I will worry about the most financially advantageous mode of tax filing after the immigration issue is all over. Yes, I know they really don't have much to do with each other and should be disassociated but I am trying to cover every base even ones that prove to be superfluous and redundant (Unnecessary, in point of fact) just to make sure that every appearance is created of our co-mingled status. We're in this kind of limbo right now. We know our marriage is real; that our income is sufficient to meet the requirement, not by much but its over the minimum requirement. I am coming from the position of wanting to be extra diligent about showing these people what they want to see given what we've already been through.

I thank everyone for their responses thus far and naturally welcome any additional information, insights, perspectives and so on.

[KayDeeCee 4,896]

No affect on the AOS. Filing married jointly or married separately works for ROC. The important part is filing as married, joint or separate does not really matter. File the one that gets you a bigger return.

~ Duplicate post removed ~

Edited February 19, 2014 by Jay-Kay

[nemozed 1]

Thanks Kay.

[Darnell 8,479]

Ya, sorry, I forgot the sticky bit - [will it affect our AOS at the moment?]

and the answer is no.

Why?

evidentiary requirements for AOS, when adjusting from a K-1, are sparse, as folk usually file it within a year of getting married [note I said 'within' here] .

[administrivia]

Since yer back, asking some pointed questions,

would you mind, too terribly,

to flesh out yer timeline,

over at

http://www.visajourney.com/timeline/profile.php?id=77839

http://www.visajourney.com/timeline/profile.php?id=77839

http://www.visajourney.com/timeline/profile.php?id=77839

Thanks so much, and Thanks in Advance !

[/administrivia]

Edited February 20, 2014 by Darnell

[aynom 0]

Hi, facing this but with more complications. We have a lawyer that is wanting to be very careful and suggesting strongly that we file for the last few years. I was in Italy with my husband; have lots of pics of all of us (kids and us) over the last two years as well as our residency permits there but, due to the way Italy does things I am not on the utility bills and our home was purchase before my residency went through so we couldn't add me to it. Only have my mail and taxes i paid to the Italian schools for that. Lawyer suggested to file even though I made no income but my husband is still in Italy (just arrived here) and we are just starting the process so he would have to get a tax id from the irs for me to file with him as a dependent (the only way I am allowed to file based on his not having a social security number). Any input really appreciated. We are already looking at close to a year to have him with us here and this can take two more months easily to get done.