Hello VJ

[godsrule 7]

I have a question and I need urgent response please. If you do not file joint taxes with your spouse will that be use against you when you want to remove condition? Will it be seen as the marriage was not enter in good faith? We having issues and she said she will claim me as a dependent and I won't get nothing so I don't know how the tax is done if it's going to affect ROC I don't mind her claiming it if it makes her better. I just started working like 3 months and is not even above the porverty line. Please I need your advice. To file jointly or separately. Thanks all.

[Bjorn&lyne 20]

Filing jointly will in most cases get you the lowest taxes and highest return so from a tax perspective it usually makes sense to file jointly. From an immigration perspective, filing jointly clearly shows a stronger bond and commitment between the spouses than filing separately. I do not know how the USCIS looks at that but I can imagine that filing jointly would be a much better way to go to prove that the marriage is legitimate, which is your ultimate goal obviously.

[godsrule 7]

Thank u so much. That's what I want to find out. Thanks once again for your timely response.

[Teddy B 17,252]

I have a question and I need urgent response please. If you do not file joint taxes with your spouse will that be use against you when you want to remove condition? Will it be seen as the marriage was not enter in good faith? We having issues and she said she will claim me as a dependent and I won't get nothing so I don't know how the tax is done if it's going to affect ROC I don't mind her claiming it if it makes her better. I just started working like 3 months and is not even above the porverty line. Please I need your advice. To file jointly or separately. Thanks all.

The key is that both of you must file "married". Whether it is "married jointly" or "married separate" really has no bearing in the eyes of USCIS. There are tax advantages and disadvantages for certain couples filing jointly or separately depending on their situation, USCIS is aware of this. From what you have written, it does sound like you would benefit more financially from filing jointly.

[godsrule 7]

@Teddy B. She said I won't benefit anything if we file jointly because she already has up to 4 dependents and adding me won't change anything so I should just be an addition but nothing will come up. If this does not affect USCIS status someone told me it will be more beneficial to me if I file separately because I am not really making anything much which is below the poverty line.

[Teddy B 17,252]

@Teddy B. She said I won't benefit anything if we file jointly because she already has up to 4 dependents and adding me won't change anything so I should just be an addition but nothing will come up. If this does not affect USCIS status someone told me it will be more beneficial to me if I file separately because I am not really making anything much which is below the poverty line.

It sounds like she is against you being on her taxes? Usually married couples that don't have a very large income will do better when filing jointly. I'm certainly no tax expert, but it's worth looking into.

This is a good read:

Should my spouse and I file our taxes jointly or separately?

Megan Sonicksen

tax communications specialist

It's almost always better for a married couple to file jointly. That's because the income thresholds that move you into more costly tax brackets are much higher when earnings are pooled than when they're considered individually.

If you file separately, for instance, you jump into the 25 percent federal tax bracket when your individual taxable income for 2011 exceeds $34,500. If you file jointly, you don't hit that bracket until the combined taxable income for you and your spouse is twice as much, or $69,000.

Let's say that your taxable income last year was $25,000 and your spouse's was $40,000. If you file jointly, none of your combined income is taxed at more than 15 percent. If you file separately, on the other hand, anything your spouse made above that $34,500 benchmark is taxed at 25 percent -- a move that'll cost an extra $550 in taxes.

Another drawback of filing separate returns is the inability to qualify for many tax credits, such as the dependent care credit, the adoption credit, education credits, the student loan interest deduction, and the earned income tax credit. More of your social security benefits may be taxable, too. Plus, if you file separately, you won't be allowed to convert a traditional IRA to a Roth IRA.

An exception to the filing-together-is-better rule is if one of you has substantial medical expenses or miscellaneous itemized deductions (such as union dues, certain legal fees, investment management or trust fees, or nonreimbursed business expenses), which are deductible only when their cost exceeds a certain percentage of your income. In this case, filing separately lowers the income bar against which these deductions are measured.

If you or your spouse has miscellaneous itemized deductions that exceed 2 percent or medical expenses that exceed 7.5 percent of your adjusted gross income, compute your taxes both ways to see which option makes more financial sense. Otherwise, file jointly.

http://www.babycenter.com/404_should-my-spouse-and-i-file-our-taxes-jointly-or-separately_14447.bc

Edited February 12, 2015 by Teddy B

[N-o-l-a 7,168]

A spouse in not really a dependent on a tax form the same way a child is. Plus, you cannot claim earned income credit if you do married filing separately, so if you jointly are within these income limits http://www.irs.gov/Individuals/EITC-Income-Limits,-Maximum-Credit--Amounts-and-Tax-Law-Updates ,you do lose out on that.

However, you can't force her to file jointly and if you are having issues, she probably wants to keep your finances separate. That would be a wise choice on her part if she thinks your marriage will not work out.

[godsrule 7]

@Nola. It seems you do not understand my post very well. She wants us to file together but she said I won't get nothing from it as she already have dependent. My question is if I file separately or decide to file jointly with her which is my best bet. If I file separately will I get anything back since if I file jointly with her I won't get nothing from her according to her. My other question was that if we file jointly will that help in my ROC? Things has not been working well with us in the marriage and we really do not know where we heading right now. She is always threatening to pull her application even though I am still waiting for my conditional green card. I just want to make sure I put all my ducks in a row. So I will appreciate your response to this.

@Teddy B. Thank you for the additional information. Very helpful.

[chicagorj 1]

@Nola. It seems you do not understand my post very well. She wants us to file together but she said I won't get nothing from it as she already have dependent. My question is if I file separately or decide to file jointly with her which is my best bet. If I file separately will I get anything back since if I file jointly with her I won't get nothing from her according to her. My other question was that if we file jointly will that help in my ROC? Things has not been working well with us in the marriage and we really do not know where we heading right now. She is always threatening to pull her application even though I am still waiting for my conditional green card. I just want to make sure I put all my ducks in a row. So I will appreciate your response to this.

@Teddy B. Thank you for the additional information. Very helpful.

You've been in the USA since April and no Permanent Residency card???? Seriously??? Something not right here.

As to you "getting" from your wife's refund, if you've only been working for 3 months and today is February 12th, 2015 that means you've been working since November? Why would you expect anything? Wasn't your entire visa journey financed by your wife?

Get a second job, please. ..... as soon as possible. Man up!

[godsrule 7]

@Nola. Why are u taking it personal. Did some one broke your heart or what? I have two jobs and I never said I wanted anything back from her but I just want to be sure that I am doing the right thing. We are both from the same country and I paid my way here. I paid for the marriage and also paid for the process so stop saying what you don't know. Yes I came in April still have had my green card because my interview was waived and other people that their interview were waived still haven't received their card till date except you were interviewed. Do your research before you start opening your contagious mouth. You are just like the woman I have at home birds of the same feather. If you will allow your own brother to stay with a cheating spouse then I guess our cultures are very different. If you don't have any useful advice to give please kindly stay off my page. Thanks.

[godsrule 7]

@Nola. My previous message was meant for CHICAGORJ or whatever you call yourself. You should learn how to talk in a public forums.