venkimani

hi all
i got my k3 visia in 2003. I got my green card on jan 13-2005. we filed tax together in 2003,2004 together .2005 on wards we are filing tax seaparetly ...she files as head of house hold ,and i file single.....we where together residing in same home from 2003 to 2006 ....last nov i came to florida for a better job ....she cannot move down with me as she is in college...she is going to complete her degree and will be moving down in dec ...the lease in florida is on both names but has the signature of me with for my wife name.....since the 3 year period based on green card date is close to end of jan -13 -2008 can i file n-400....do they view filing tax separately as a document similar towards a diviorce ....i am not sure on that....we are together ....i pay her electric bills ,my step kids private school etc ...but not sure how the government decide on a marriage of 3 years together ....to be frank we where married in 2002.....and still together ...so little confused should i file my n400 now ...or wait 2 more years and file them at 2010
thanks in advance
venki

Just Jenney

You have two issues here:

First, if your green card is dated Jan 13, 2005 and you're basing your application on your valid marriage to a USC, then you can apply for naturalization 3 years minus 90 days from that date (October 15, 2007). I am not entirely sure, but I believe that as long as your marriage is intact -- as it sounds like it is here, since you have joint bills, you are not legally separated, etc -- living in a different state from your spouse for employment/school purposes should not have an impact on your application. Others who have more experience in this can probably confirm this, though.

That being said...

Your second issue is that, based on what you've said here, you're not eligible to file tax returns as a "single." You specifically say that you "are together," that you're only living apart because you moved to FL for a better job while she finishes her college degree in another state. You're not living apart because you're legally separated and headed towards divorce. Please see this IRS webpage about correct filing statuses. So, you need to get this tax issue sorted out before you apply for naturalization.

~ Jenney

Noorah101

When filing taxes as a married couple, there are only two choices:
1. Married filing jointly
2. Married filing separately.

As a married person, you cannot check the "single" box on the tax returns. If this is what you've done, you need to get that straightened out first, in my opinion.

Oh, and USCIS is generally OK with couples living apart for work or education purposes. My question, though, would be...which address are you going to use on your N-400? There are residency requirements (of the state, or county, not sure which) that you need to meet in order to file. See the Guide to Naturalization at www.uscis.gov.

Rene

venkimani

Thanks for your reply....
any idea what are the impacts of wrong tax filing status ....is there a way to correct it.Not sure at this point how to do that as the tax has already been filed . how far does the tax filing status impact. i hope its not a crime

Noorah101

You need to contact IRS and request to file amended (corrected) returns for the years you checked "single" when you were actually married. Showing that you've taken the steps towards correcting your marital status with IRS will help your N-400 petition.

Rene