Is an application for citizenship affected if the applicant files a separate instead of a jointreturn?

UPDATED: Feb 14, 2012

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Is an application for citizenship affected if the applicant files a separate instead of a jointreturn?

I got residency by marriage to a citizen. After 3 years I got my permanent green card. We filed income tax together every year but the state kept the refund to pay up my husband’s debt for ur last return. This year we don’t want that to happen again so we are thinking on filling separately. What consequences will that incur? Does it matter for when I do my citizenship?

Asked on February 14, 2012 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it should not matter if you file separate tax returns.  Even if you do, you still have to note whether you are married but filing separately, so the fact that you indicate Married is important.  As far as other documentation of your bona fide marriage, if you are asked, you can provide additional documentation that you are still married to the US citizen spouse who petitioned for your green card.


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