More Questions About Taxes

[Aloud 11]

Hey guys, I've been reading the forums in order to be prepared for lifting the terms on the conditional green card. We have plenty of evidence but we don't file our taxes together for the time being. We also don't have a joint bank account as we like to keep finances separate until we buy a house etc.

 

I am renewing a year from now (I know lol) but I want to make sure I am 100% for when I apply. My questions are as followed

 

When we renew if we file separate but married do we supply both our taxes or just my husband who is the citizen?

Do you guys recommend we get a join bank account asap? 

When we filed our taxes this year I did file as married but filing separate, but my husband filed as single. Will this be an issue? 

 

Thanks

[mindthegap 2,590]

6 minutes ago, Aloud said:

When we renew if we file separate but married do we supply both our taxes or just my husband who is the citizen?

Both. Although it is on USCIS' list of evidence there is no requirement to provide tax returns, although it does appear to be a preferred piece of evidence that they like to see. If you choose to do so however, you will run into problems because of your final question (below)

 

6 minutes ago, Aloud said:

Do you guys recommend we get a join bank account asap? 

 

If you plan on using it, sure.

 

6 minutes ago, Aloud said:

When we filed our taxes this year I did file as married but filing separate, but my husband filed as single. Will this be an issue? 

With the IRS, yes. Doesn't look great to USCIS either really....but I would be far more scared of the IRS

 

Edited April 30, 2017 by mindthegap

[Sukie 1,460]

If you are married, you are not allowed to file "single".  Never.  Ever.

 

You have plenty of time to file an amendment for this year's tax return.  If both of you file Married, Filing Separately, that is NOT an issue.

 

If you had plenty of joint financial proof, USCIS might just overlook the "single" for 2016.  But because you DON'T have joint accounts, then I believe they will look at your filing status with a little more scrutiny. 

 

While USCIS doesn't necessarily talk to the IRS, if you were to get in trouble with the IRS, it would definitely show up when USCIS starts looking at you.

 

The whole point of having a joint bank account is so that USCIS can see that both of you pay for living expenses (and perhaps that both of you contribute your paychecks) to the account.  Many couples do NOT have joint accounts for very valid reasons.  It will do you no good to get a joint bank account if it is not used for your normal expenses.  If you choose to keep separate accounts, then you can explain this when you send in your packet, and describe how you and your spouse manage your living expenses.

 

Good luck! 

 

Sukie in NY

[Aloud 11]

Thanks everyone for their input. We will definitely look into filing jointly next year. My husband said that he didn't file as married as we were married less than 6 months last year.

 

I also noticed that my taxes for last year were filed under "head of household" and have my mom's address since I claimed two of my siblings last year since I helped her out for the whole year.

 

I hope our taxes aren't a big issue and I don't want to stress out a year before the process. If thats the case should I only send taxes for when we file jointly. Does anyone know how many years USCIS requires for removal of conditions? 

[Ketsuban 1,034]

9 hours ago, Aloud said:

My husband said that he didn't file as married as we were married less than 6 months last year.

That is incorrect. If you're married by Dec 31 in any given year, you file as married for that year.

[Mollie09 1,543]

10 hours ago, Aloud said:

Thanks everyone for their input. We will definitely look into filing jointly next year. My husband said that he didn't file as married as we were married less than 6 months last year.

 

I also noticed that my taxes for last year were filed under "head of household" and have my mom's address since I claimed two of my siblings last year since I helped her out for the whole year.

 

I hope our taxes aren't a big issue and I don't want to stress out a year before the process. If thats the case should I only send taxes for when we file jointly. Does anyone know how many years USCIS requires for removal of conditions? 

 

That's not a valid reason to file single. If you were married on December 31st, you cannot file single. At all. You need to get this fixed first.

 

USCIS requires all the returns you have filed while married, which would include this one. And it would look really bad for it to be filed as "single".

Edited May 1, 2017 by Mollie09

[Aloud 11]

Awesome, I really appreciate everything. I'm glad I'm looking into this early so when I file next year for ROC everything will be in order.

 

I called my tax lady and she said she could help me amend my husbands tax from single to married. 

 

My taxes are stated as head of household since I have two defendants so should I also change my classification from head of household to married but filing separately. My dependents are my two siblings.

 

Thanks again