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  • Questions regarding the taxes (I-751)

    Hello,

    Soon to file I-751, and just have couple questions…

    1. Does the USCIS automatically deny status of
    adjustment and consider deportation if tax returns were filed “married/separately”? We have a reason why we did not file married jointly.
    2. Also, as I was reviewing my paystubs from 2021, under Tax Data, in the categories Federal and State the Marital Status says Single. Does it matter? I imagine it does, because, well, I’m married. The tax lady said not to worry, but she’s not the USCIS

    If yes, we don’t want to be screwed up by this… can anything be done to fix this?

    Thank you

  • #2
    I would say it matters, because it looks very suspicious to me that you are reporting to IRS as Single (per payroll data) when in fact Married. If I were you, I would talk to your payroll to fix it. I don't know if USCIS would reject your case immediately but I would be prepared to get a RFE or come up with a good explanation if they ask.
    Field Office - San Francisco

    8/03/18 - Priority Date
    8/27/18 - Biometrics walked in
    9/05/18 - Case is ready to be scheduled for an interview
    12/10/18 - I-765 Expedition Request Sent to Congresswoman
    12/20/18 - Expedition Support sent to Congresswoman
    1/07/19 - New Card is being produced
    1/11/19 - Received I-765 and I-131 Approval Notice
    1/14/19 - Received Combo Card

    Comments are personal opinions, not legal advice.

    Comment


    • #3
      Originally posted by Lechimm View Post
      Hello,

      Soon to file I-751, and just have couple questions…

      1. Does the USCIS automatically deny status of
      adjustment and consider deportation if tax returns were filed “married/separately”? We have a reason why we did not file married jointly.
      2. Also, as I was reviewing my paystubs from 2021, under Tax Data, in the categories Federal and State the Marital Status says Single. Does it matter? I imagine it does, because, well, I’m married. The tax lady said not to worry, but she’s not the USCIS

      If yes, we don’t want to be screwed up by this… can anything be done to fix this?

      Thank you
      1. Married people have a right to file as Married Filing Jointly or Married Filing Separately. If it is beneficial for your taxes to file as Married Filing Separately (which is very unusual but possible), then that is how you would be expected to file. Just explain the reason. They would not deny it if you have a reason.
      2. What it says on your paystub probably reflects what you put on your W-4, which determines how your company withholds taxes. Withholding at a single rate means the company withholds more taxes than withholding at a married rate. The goal of withholding is to withhold approximately how much taxes you actually owe, or more. So however you fill out your W-4, as long as it achieves approximately how much taxes you actually owe, or more, then it's good. It's perfectly fine for married people to put Single for W-4. The worst case is that too much is withheld and you give the government an interest-free loan, and obviously you are allowed to do that. In fact, if you do not complete a W-4, the default is assumed to be Single with no deductions, because that results in the most withholding (the least likely to underwithhold your taxes).
      Last edited by newacct; 06-24-2022, 04:06 AM.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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