KrisKumar

Hi,
I have received my 10yr gc in October 2006, approved in the month of August 2006, we were divorced last month Jan 07 , when we filed taxes this year , because it was more beneficial to file me as Head of House hold (Divorced) and also my ex-wife as Head of Household, so me and my ex-wife decided that we will go for that rather than filing joint, my question is will that affect my USC process?

The HR block said we can file separately if we were not together last 6 months in 2006, and we were actually separated (not by judge but by mutual agreement) from June, and decided if there would be an interview for 751 we would tell them we are separated, but we didn't have an interview and I got my 10 yr gc.

Will this be an issue when my N400 petition comes up ?

farmerwife

I don't see that how you file your taxes, (whether single, married filing jointly,
married filing separately, or head of household) by and of itself, has any thing to do with filing a N-400 petition.
Unless you are thinking of filing a N-400 petition based on three years of marriage to a USC and are trying to fudge the dates somehow. Perhaps a sharp eyed officer will question how you got the green card if you were separated and didn't declare it.
Perhaps better to wait 5 years to file N-400 based on your own 5 years as LPR.

KrisKumar

Hi,

Thanks for your reply, was just waiting for someone to reply on this.

I am planning to apply as a divorced spouse of USC after 5 years, when I apply , will they ask me that you have received your 10yr GC in Oct 2006 but your taxes for 2006 say you were separated?

Thanks,

Rete

In regards to taxes you can file separately even if you were married and living together. However, in order to claim head of household you need to have a child or a dependent to claim in order to meet the requirement for HOH. And then only one of you can file in that manner unless you have two children and one partner takes one child and the other partner takes the other child.

I'm not touching the subject of your I-751. Will leave that for others to discuss.

As for your N-400, what is the question? All you are required to do is show that you have been filing and paying your taxes. You know that you are no longer eligible to naturalize under the 3 year rule and have to wait for 5 yaers (less 90 days) from the date you became a resident.

ian-mstm

You will *not* apply as the divorced spouse of a USC... you will apply as someone who has been a PR for 5 years. Your marriage/divorce is irrelevant.


I doubt the topic will even come up since the marriage/divorce is irrelevant to your N-400 application. As for taxes, it doesn't matter *how* you filed... it only matters that you filed.

Ian

KrisKumar

Hi,
I have 2 step daughters, so we claimed one each on our taxes, my question is when I file for N400 down the line as someone who has been a PR for 5 years, will the USCIS raise the question that I got my 10 GC (751 approved, obvioulsy I filled 751 when I was married) in 2006 but when I filed the taxes we did not file them jointly and filed them separately as HOH as separated.

Rete

Highly doubt it. Their interest is just that you filed and paid your taxes as a sign of good moral character.

Unless they have other reasons to doubt the validity of your removal of conditions, why would they question it?

KrisKumar

Thanks for all the replies, I just realised it and didnt know what it would be.