i751 Please help

[evatra 0]

Hello,

I have applied for I-751 and did not file taxes with my husband last year. I have only 1 year when we file to together . Is this going to be a problem. I DECIDED not file with him because he does not help me with the bills at home.

please advise if this will be a problem

thank you

[spring333 44]

Yes, it could be a problem. you HAVE to file your taxes by 4/15 and if you are married you have to file jointly. you still can do it, its never late.

[Merrytooth 5,748]

Yes, it could be a problem. you HAVE to file your taxes by 4/15 and if you are married you have to file jointly. you still can do it, its never late.

Wrong

You can choose the married-filing-separately status for tax filing. Does not need to file jointly.

[IcezMan_IcezLady 582]

Wrong

You can choose the married-filing-separately status for tax filing. Does not need to file jointly.

But doesn't OP have to should commingling of finances to support her case?

Most of the posts I have read on here recommend that you have commingled financial evidence. That carries more weight that anything other evidence you may have. You two are still married so that evidence is important. You could get away with it if you were divorced (unfortunately, that's the way it is)

So, would you wanna risk your case just for a tax refund which might not be that much?

Most of the posts I have read on here recommend that you have commingled financial evidence. That carries more weight that anything other evidence you may have. You two are still married so that evidence is important. You could get away with it if you were divorced (unfortunately, that's the way it is)

So, would you wanna risk your case just for a tax refund which might not be that much?

[evatra 0]

this is for him not me i'm the US citizen , he is not. I brought him inn the country but he is paying smart with me and does not want to share anything with me. I have even added him on my personal account for his own good . He would never do it for me . this is why I never file my taxes with him. The application was already sent November 2015, the first year tax we did together but then I stopped because I have other children that are not his child and he does not give them anything so I don't know why I would do my taxes with him to owe IRS .

[spring333 44]

you can choose, no one said you cannot, but it is recommended by every single lawyer to file it jointly.

[Merrytooth 5,748]

But doesn't OP have to should commingling of finances to support her case?

Most of the posts I have read on here recommend that you have commingled financial evidence. That carries more weight that anything other evidence you may have. You two are still married so that evidence is important. You could get away with it if you were divorced (unfortunately, that's the way it is)

So, would you wanna risk your case just for a tax refund which might not be that much?

Tax return is just a small part of commingling of finances.

For some people, it makes senses to file separately to get bigger tax return - whatever works for you better.

As long as you are filed as married, it should not be a problem.

Then you have to provide other evidences to show bona fide marriages, joint bank accounts, bills.. presenting a whole picture of your marriage life.

[Merrytooth 5,748]

you can choose, no one said you cannot, but it is recommended by every single lawyer to file it jointly.

There are plenty of people here that have filed taxes as married but separately. They have no issue with ROC.

But if your only commingling of finances is taxes filed jointly, then you have big problems.

this is for him not me i'm the US citizen , he is not. I brought him inn the country but he is paying smart with me and does not want to share anything with me. I have even added him on my personal account for his own good . He would never do it for me . this is why I never file my taxes with him. The application was already sent November 2015, the first year tax we did together but then I stopped because I have other children that are not his child and he does not give them anything so I don't know why I would do my taxes with him to owe IRS .

You sure you still want to stay married to this selfish person?

[LionessDeon 2,060]

Many American couples file their taxes as Married filing separate. Does that mean all their marriages are not bonafide? They do it because it yields them a larger tax refund.

OP I heard your reasons but if it also yields you a larger refund I would give that evidence.

[evatra 0]

thank you very much . we have a year old boy so yes this is a true marriage it is just that the guy does not want to fully show his assets to me. unfortunately

[newacct 688]

Many American couples file their taxes as Married filing separate. Does that mean all their marriages are not bonafide? They do it because it yields them a larger tax refund.

OP I heard your reasons but if it also yields you a larger refund I would give that evidence.

Or because they can't agree on filing jointly.

It is extremely rare for Married Filing Separately to be better than Married Filing Jointly tax-wise.

[LionessDeon 2,060]

Or because they can't agree on filing jointly.

It is extremely rare for Married Filing Separately to be better than Married Filing Jointly tax-wise.

I always thought it strange that people asked for tax advice on an immigration site.

I posed the question to a CPA I know. Here's the response:

No its not rare. Depending on circumstances involved an optimization for filing separately can be done to see which filing yields the higher return.

Edited February 17, 2016 by LionessDeon

[newacct 688]

I always thought it strange that people asked for tax advice on an immigration site.

I posed the question to a CPA I know. Here's the response:

No its not rare. Depending on circumstances involved an optimization for filing separately can be done to see which filing yields the higher return.

Please give an example of a situation where Married Filing Separately would be better than Married Filing Jointly then, if it's so common.

Edited February 17, 2016 by newacct

[TBoneTX 45,288]

Thread is moved from the USCIS Service Centers forum to the Tax & Finances forum, as one better destination for this topic.

[HK12 273]

Please give an example of a situation where Married Filing Separately would be better than Married Filing Jointly then, if it's so common.

I work at a CPA firm. For the vast majority of couples (who are not separated/getting a divorce), it is indeed better to file jointly, but there are exceptions, such as if one partner has significant deductions or the partners do not want to be liable for the other one's tax liabilities. It is a case-to-case basis, so yes, it does make sense for a few couples.