If I’m married to a US citizen but I’ve been a permanent resident for 5 years, will filing taxes separately affect my application for citizenship?
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If I’m married to a US citizen but I’ve been a permanent resident for 5 years, will filing taxes separately affect my application for citizenship?
I’m planning to file on the basis of my 5 years of being a resident and not on the basis of marriage.
Asked on February 16, 2012 under Immigration Law, Colorado
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it should not matter whether you have filed taxes separately in any event since you probably noted "married, filing separately" on the tax returns anyway. If you are filing for naturalization after being a permanent resident for 5 years, you don't need to be married at all. You also just need to indicate THAT you've been filing taxes, not necessarily how you've been filing them.
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