Taxes Filed Separately?

[Paatay Khan 16]

Hello there fellow VJers. I am currently in the process of applying for naturalization thru marriage. But I have a concern and that is my wife and I filed taxes jointly three years(13/14/15) in a row but last year(16), we filed taxes separately due to some silly issues. 

Now my question is, should I only send three years tax transcripts and avoid the most recent one because that was filed separately? How should I go about it without raising any eyebrows at the time of my citizenship interview? Thanks

[mallafri76 1,012]

They're gonna want to see the most recent one.

[Paatay Khan 16]

1 minute ago, mallafri76 said:

They're gonna want to see the most recent one.

So should I get them amended and then sent in with my app?

[A'n'L 735]

Filing married jointly or married separately is both fine, as long as neither of you filed as single.

[Going through 5,671]

Question---are you applying under the 3 year rule, or 5 year rule?  How long have you had your greencard?

 

If you are applying under the 5-year residency eligibility rule, you should bring tax documents to your interview in case it is asked for, but you do not need to submit it with your application.  

 

If you are applying under the 3-year marriage eligibility, since you filed joint for at least three years out of the four, I don't see you having real issues over the most recent filing.  Married couples file "married filing separately" for tons of different tax/personal reasons.  Married filing separate still lists your spouse on your tax return.

 

You don't need to get in amended in any way.  Plus, if you are filing under the 3-year eligibility, I assume you also have other evidence of financial co-mingling to submit as well  

Edited September 13, 2017 by Going through

[Paatay Khan 16]

5 hours ago, Going through said:

Question---are you applying under the 3 year rule, or 5 year rule?  How long have you had your greencard?

 

If you are applying under the 5-year residency eligibility rule, you should bring tax documents to your interview in case it is asked for, but you do not need to submit it with your application.  

 

If you are applying under the 3-year marriage eligibility, since you filed joint for at least three years out of the four, I don't see you having real issues over the most recent filing.  Married couples file "married filing separately" for tons of different tax/personal reasons.  Married filing separate still lists your spouse on your tax return.

 

You don't need to get in amended in any way.  Plus, if you are filing under the 3-year eligibility, I assume you also have other evidence of financial co-mingling to submit as well  

I am applying under the 3 year rule. I have been a permanent resident since Dec '13. Yes we have financial co-mingling on our joint bank account and that reflects on the bank statements. So I should be fine?

Now one last point, should I only send in the first three years '13,'14,'15 of filing together or should I also send in the latest i.e 2016, which were filed separately?

[Going through 5,671]

3 minutes ago, Sam Mirza said:

I am applying under the 3 year rule. I have been a permanent resident since Dec '13. Yes we have financial co-mingling on our joint bank account and that reflects on the bank statements. So I should be fine?

Now one last point, should I only send in the first three years '13,'14,'15 of filing together or should I also send in the latest i.e 2016, which were filed separately?

You have no choice but to send in the 2016 form, since it is the most previous filing.   The application form requires the previous 3 years worth of tax filings, starting with the most recent.

 

You won't have a problem since you still filed as married, just submitted separately.  If you don't send in the 2016 one, you will receive an RFE for it later.

Edited September 13, 2017 by Going through

[Paatay Khan 16]

6 hours ago, A'n'L said:

Filing married jointly or married separately is both fine, as long as neither of you filed as single.

Hmm I see.

[Paatay Khan 16]

1 minute ago, Going through said:

You have no choice but to send in the 2016 form, since it is the most previous filing.   The application form requires the previous 3 years worth of tax filings, starting with the most recent.

Alright I'll send all four years of taxes then, and it won't be an issue at the interview of the most recent having been filed separately whatsoever?

[Going through 5,671]

49 minutes ago, Sam Mirza said:

Alright I'll send all four years of taxes then, and it won't be an issue at the interview of the most recent having been filed separately whatsoever?

As long as you didn't file single.  

[EV11 18]

There is no issue filing your taxes as "married filing separately" as long as you didn't file as "single". As the others have said, you will need to send your tax transcrips with your application as you are filing for Citizenship based on marriage.

 

Good luck!

Edited September 13, 2017 by EV11

[Crazy Cat 41,846]

As long as you legally filed , there won't be a problem......Nothing says that you HAVE to file jointly....

[David & Diana R 1,005]

17 hours ago, Sam Mirza said:

So should I get them amended and then sent in with my app?

No need to amend them.  That would be a little suspect don't you think?  Just explain why you filed separately.  Without knowing why you changed your filing status it's hard to give you advice.

[Paatay Khan 16]

My wife has some mental issues that I didn't know prior to marriage, symptoms kick in randomly. This filing separately matter is the outcome of one of those.

[Going through 5,671]

1 hour ago, Sam Mirza said:

My wife has some mental issues that I didn't know prior to marriage, symptoms kick in randomly. This filing separately matter is the outcome of one of those.

USCIS won't care why you filed separately as a married couple---they only care that you did NOT file your status as "single".