How should I file my taxes for immigration?
It’s tax season! While we solely practice immigration law in our office and we are NOT tax preparers, here are a few tips about how your taxes and your immigration case overlap:
Tip #1
In marriage-based cases, USCIS often requests proof that you have filed your taxes jointly. This is part of how USCIS looks at the bona fides of your marriage - have you comingled your assets, trusted one another with your money, and filed taxes together? I often recommend that, unless a couple has a good reason to file married filing separately, to go ahead and file jointly.
Tip #2
Many of our clients are poorly advised to file as Head of Household (HOH) when they are, in fact, married. This is not lawful. If you are married, you MUST file your taxes as “married filing jointly” or “married filing separately.” If you have been advised to file as Head of Household and then for your spouse to file as single, please reconsider. While you will receive a larger return as HOH, this is illegal and it will cause problems when you need to prove that you are married before USCIS, like when submitting an I-864 Affidavit of Support under Section 213A of the INA or when using your taxes as bona fides of your marriage.
Tip #3:
Sometimes a USCIS officer is not satisfied with your federal tax return and asks for a transcript. What is a transcript? Here’s the basic rundown on tax forms: When tax season rolls around, your employer gives you a W2. This W2 reflects how much you earned from this particular employer for the previous year. You then use your W2(s) to file your taxes, along with a federal form called a 1040. Once the IRS receives your 1040, you may request a transcript, which is essentially a receipt from the IRS proving that you have filed your taxes. This is what USCIS often requests: proof that the IRS has received the taxes you filed.
If you are working through a family-based immigration case and need assistance with bona fides such as taxes, please give us a call at 757-775-8526 to set up a consultation.
