A taxing query on citizenship
QIf my husband and I file our tax returns “married filing separate,” will that be a problem when I go for my naturalization interview?
I applied to become a citizen and U.S. Citizenship and Immigration Services should call me for an interview soon. My husband and I will save some money if we file separate returns. In the past, we filed joint returns.
Name withheld, Santa Barbara, Calif. You and your husband can file separate returns. And as you point out, sometimes a couple can pay less in taxes by filing as married filing separate. Your having filed joint returns will have no impact on your application. Some married couples living together get into trouble by filing as “head of household,” a category that married persons can use only if they are living apart. But
Afiling as married filing won’t cause any problems.
Qseparate When a person gets a conditional, two-year green card, do they start counting time toward U.S. citizenship from the approval date on that card? Many of my family members are immigrants. They often turn to your column for advice.
My cousin received her conditional green card based on marriage to a permanent resident in April 2014. Last month, USCIS removed the conditions and issued her a permanent (10-year) green card. She knows that since her husband is not a U.S. citizen, she cannot get naturalized until she has been a permanent resident for five years. She is wondering which date marks the start of time toward citizenship, the April 2014 or February 2017 date? Farrel Donald, Esq., Brooklyn Your cousin starts counting her time toward naturalizing from the day she became a conditional permanent resident in April 2014.
The only difference between a conditional resident and a permanent one without conditions is that the conditional permanent resident must apply to remove the condition in the 90 days before the two-year card expires.
Allan Wernick is an attorney and director of the City University of New York's Citizenship Now project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, NY 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
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