Questions regarding the taxes (I-751)

[Lechimm]

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

[yvc]

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.

[newacct]

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).

[LeyanXX]

I understand your tax-related concerns. Here are quick answers to your questions:

Filing taxes as "married/separately" might not lead to an automatic denial, but provide a solid explanation for it when submitting your I-751.

The "Single" status on paystubs could raise questions. It's safer to have it corrected to "Married."

By the way, have you checked out the best crypto tax calculator? It's a great tool for managing cryptocurrency gains and losses. Best of luck with your I-751 filing! "I understand your tax-related concerns. Here are quick answers to your questions:

Filing taxes as "married/separately" might not lead to an automatic denial, but provide a solid explanation for it when submitting your I-751.

[WoodBear]

Hello everyone. We received an RFE notice for my I-751 in August 2023. we filed the I-751 in June 2021.

My timeline so far:

06/17/2021: USCIS received completed I-751 application with evidence
06/25/2021: received the 18 months extension notice
no new updates nor new notices since then.
09/16/2021: called USCIS and opened an inquiry regarding my biometrics as because there no notice about the appointment being waived nor required.
09/22/2021: received email from USCIS to inform me that they sent me a notice for biometrics appointment.
10/13/2021: attended my biometrics appointment.
11/24/2021: received extension for 24 months.
04/05/2023: received extension for 48 months. (don't remember the date I received the new extension)
08/17/2023:We sent a request for initial evidence for your Form I-751, Petition to Remove Conditions on Residence.
11/07/2023:Response To USCIS' Request For Evidence Was Received

Case status on USCIS: “Case Was Updated To Show Fingerprints Were Taken”

I hired an attorney for the RFE and he told me that the evidence we submitted originally with the I-751 did prove that we have good faith marriage. He also said that the evidence that we are providing in response to the RFE is plenty and sufficient to provide evidence dated for the past two years. We are though stressed anxious. The RFE notice states that we should hear back within 60 days from the date of our response to the RFE. so that will be 01/07/2024 (since 11/07/2023). does anyone have similar situation? I checked the case numbers around mine and they all have been approved around the time we received the RFE notice.

Any thought on the matter?
Thank you