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Zee Roman

I-751, filled tax married filing separately

By Zee Roman in Removing Conditions on Residency General Discussion

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Zee Roman Newbie

Zee Roman   0

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Filed: Lift. Cond. (pnd) Country: Spain
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Hello everyone, please let me know what you think of filling tax married filing separately? My wife filled as head of household while i filled married filing separately. Does that bring issues in my I-751 application? Please help as my wife will not filled jointly with me. Thanks in advance.

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Pitaya Grand Master

Pitaya   2,577

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Filed: Lift. Cond. (apr) Country: China
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Most folks use the filing status that provides for the best tax advantage for their particular situation. If in doubt, one should likely get an opinion from their accountant or tax professional.

 

Your timeline is vacant, :time: It helps everyone that uses or is helped by the forum.

Good luck on your immigration journey.

 

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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USS_Voyager Experienced

USS_Voyager   1,972

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53 minutes ago, Zee Roman said:

Hello everyone, please let me know what you think of filling tax married filing separately? My wife filled as head of household while i filled married filing separately. Does that bring issues in my I-751 application? Please help as my wife will not filled jointly with me. Thanks in advance.

As long as you file as “married”, that’s all immigration cares about. Jointly or separately is up to each couple and what would provide the best refund $$$. Most year, my wife and I file jointly federal and separately state, that’s what my accountant said is most advantageous 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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I wouldn’t worry about it. Filing jointly vs separately is a personal financial decision, not about the validity of the relationship.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Limba Contributor

Limba   7

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14 hours ago, Zee Roman said:

Hello everyone, please let me know what you think of filling tax married filing separately? My wife filled as head of household while i filled married filing separately. Does that bring issues in my I-751 application? Please help as my wife will not filled jointly with me. Thanks in advance.

Hello, my case is the same with  you. but i have not filed yet. i want to know if you mailed your application already with the taxes like that ?

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Orangesapples Proficient

Orangesapples   1,954

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You can file as married filing separately but your wife cannot file as head of household. 

 

Here:

 

https://www.1040.com/tax-guide/faq/can-a-married-person-claim-the-head-of-household-filing-status/

 

The Head of Household status is designed for single persons with dependents, but in some cases, married persons can claim the Head of Household filing status.

To qualify for the Head of Household filing status while married, you must:

  • File your taxes separately from your spouse
  • Pay more than half of the household expenses
  • Not have lived with your spouse for the last 6 months of the year
  • Provide the principle home of a qualifying dependent
  • Claim an exemption for your dependent

If you meet all of these requirements, you may file as Head of Household while married.

 

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Zee Roman Newbie

Zee Roman   0

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Filed: Lift. Cond. (pnd) Country: Spain
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7 hours ago, Limba said:

Hello, my case is the same with  you. but i have not filed yet. i want to know if you mailed your application already with the taxes like that ?

Yes i filled in May 2019

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Zee Roman Newbie

Zee Roman   0

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Filed: Lift. Cond. (pnd) Country: Spain
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8 hours ago, Limba said:

Hello, my case is the same with  you. but i have not filed yet. i want to know if you mailed your application already with the taxes like that ?

Yes i mailed my application in May 2019. Received my biometric and extension letter, and case is ready for an interview.

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Optimistic2016 Rookie

Optimistic2016   7

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On 12/17/2019 at 10:50 AM, Limba said:

Hello, my case is the same with  you. but i have not filed yet. i want to know if you mailed your application already with the taxes like that ?

I did (my husband a I both file our taxes as Married Filing Separately) and I am a Naturalized citizen now, it is fine.

Edited by Optimistic2016
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Limba Contributor

Limba   7

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20 hours ago, Orangesapples said:

You can file as married filing separately but your wife cannot file as head of household. 

 

Here:

 

https://www.1040.com/tax-guide/faq/can-a-married-person-claim-the-head-of-household-filing-status/

 

The Head of Household status is designed for single persons with dependents, but in some cases, married persons can claim the Head of Household filing status.

To qualify for the Head of Household filing status while married, you must:

  • File your taxes separately from your spouse
  • Pay more than half of the household expenses
  • Not have lived with your spouse for the last 6 months of the year
  • Provide the principle home of a qualifying dependent
  • Claim an exemption for your dependent

If you meet all of these requirements, you may file as Head of Household while married.

 

Thank you 

32 minutes ago, Optimistic2016 said:

I did (my husband a I both file our taxes as Married Filing Separately) and I am a Naturalized citizen now, it is fine.

Thank you 

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HappyAndIKnowIt Explorer

HappyAndIKnowIt   24

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Filed: K-1 Visa Country: Ukraine
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On 12/17/2019 at 4:41 PM, Orangesapples said:

You can file as married filing separately but your wife cannot file as head of household. 

 

Here:

 

https://www.1040.com/tax-guide/faq/can-a-married-person-claim-the-head-of-household-filing-status/

 

The Head of Household status is designed for single persons with dependents, but in some cases, married persons can claim the Head of Household filing status.

To qualify for the Head of Household filing status while married, you must:

  • File your taxes separately from your spouse
  • Pay more than half of the household expenses
  • Not have lived with your spouse for the last 6 months of the year
  • Provide the principle home of a qualifying dependent
  • Claim an exemption for your dependent

If you meet all of these requirements, you may file as Head of Household while married.

 

 

On 12/16/2019 at 7:51 PM, Zee Roman said:

Hello everyone, please let me know what you think of filling tax married filing separately? My wife filled as head of household while i filled married filing separately. Does that bring issues in my I-751 application? Please help as my wife will not filled jointly with me. Thanks in advance.

You need to heed the advice of the above post.  Most in the thread glossed over the fact that you said "head of household" and not that your spouse filed "married filing separately".  Big difference.  Married filing jointly vs. married filing separately is strictly a financial decision, usually based on state tax savings.  If your spouse filed Head of Household, as you said, then if you are living together, there is a problem with the IRS, although probably not your problem, since you filed appropriately married filing separately.  If you are living separately and your spouse correctly filed head of household, then that might be relevant to USCIS.

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HappyAndIKnowIt Explorer

HappyAndIKnowIt   24

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Filed: K-1 Visa Country: Ukraine
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19 hours ago, Zee Roman said:

Thanks for your explanation. But my wife will not filled married filing separately.


Are you living together ?

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