QUESTION
Is it alright to file tax separate from my husband after 6 years of marriage?
Asked on Jan 07th, 2014 on Taxation - Michigan
More details to this question:
February will make 6 years since I have been married to my husband. I'm from Jamaica so he filed for me, I now have a ten years permanent resident card. We have a 2-year-old son that I would also claim on my tax when I file separate. I applied for my naturalization October 2013 and it is pending. This is why I'm wondering if USCIS minds if we DG don't file jointly this year. I also have one shoplifting arrest, which I only got 8 hours community service and a $120 fee charged. I got a disposition and all to send in with the application, my immigration lawyer did the application. My immigration lawyer says USCIS only cares if I file tax In general not if I file it jointly with my husband but he also says he is not sure. So is it alright to file separately? Also my husband telling me I will get audited. For filing separately and go debtors prison because I’m poor is this. True?
4 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You can file separate. And it won't mean that you go to debtors' prison.
Answered on Jan 09th, 2014 at 4:44 PM
There is no debtors' prison. In your situation, there appears to be no advantage to filing separately. Immigration status is independent from how you file your tax return. How you file your tax return will not impact your naturalization. No comment on the criminal charge impacting naturalization.
Answered on Jan 09th, 2014 at 4:43 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If you do file separately from your husband (married filing separately would be the status checked on the tax return) you would, in all probability, pay more tax than if you filed jointly. As to claiming your son as an exemption - is he both of yours? If he is only your child, did you pay for more than half of his support including, food, lodging, medical care, clothing, etc.? Your shoplifting offense should have no bearing on this. You may not offset your separate income with any taxes that your husband may have paid. You could very well be asked to explain the situation to the IRS and this would probably be done initially with a letter to you.
Answered on Jan 09th, 2014 at 12:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take your legal advice from attorneys and not about to be ex-husbands. It is your option to either file married jointly, or married separately.
Answered on Jan 09th, 2014 at 12:11 PM