After Conditional Green Card/ first time Tax filing/Jointly / Individually

[pakalien]

Good day guys! I have a very unique scenario here and need your help and guidance please. I just got my Conditional GC in last October 2017. We are about to file our first tax returns. My address is on USCIS records. Her job address is her old address and it is just 35 minutes away form my residence. We both can not change our address on IRS due to some issues like her mother and son and particularly the insurance and home assistance benefits.

She also had filed a bankruptcy before our marriage. She has a bad credit history. I am totally new and she did not want that her bad credit history should affect my beginning and credit in anyway. I have just set up a small LLC and started working on it in October 2017.

Can you please guide us how we should file our taxes?
Can we file taxes separately with different address or Can we file taxes jointly with two different addresses?
Will it affect our case when i apply for conditional removal?
I do not want her to loose her medical benefits especially because her mother and she are patients and spend most of the time in hospitals.

Please advise and guide me.

I will be very grateful.

Best Regards,

Pak Alien

[NYC2India]

Can we file taxes separately with different address or Can we file taxes jointly with two different addresses?

If you file jointly, you can only have one mailing address on the tax return. If you absolutely need to have two different addresses, then you will have to file separately - but remember that you may be paying more taxes if you're filing separately since MFJ rates are generally more beneficial .

[UScitizenFilingforspouse]

Good day guys! I have a very unique scenario here and need your help and guidance please. I just got my Conditional GC in last October 2017. We are about to file our first tax returns. My address is on USCIS records. Her job address is her old address and it is just 35 minutes away form my residence. We both can not change our address on IRS due to some issues like her mother and son and particularly the insurance and home assistance benefits.

She also had filed a bankruptcy before our marriage. She has a bad credit history. I am totally new and she did not want that her bad credit history should affect my beginning and credit in anyway. I have just set up a small LLC and started working on it in October 2017.

Can you please guide us how we should file our taxes?
Can we file taxes separately with different address or Can we file taxes jointly with two different addresses?
Will it affect our case when i apply for conditional removal?
I do not want her to loose her medical benefits especially because her mother and she are patients and spend most of the time in hospitals.

Please advise and guide me.

I will be very grateful.

Best Regards,

Pak Alien

After several google searches, I could not find anything that would indicate that her filing bankruptcy would ever effect your credit rating. If you do not share any debts, then you have nothing to do with it.

Here is what's ahead of you; i.e., the I-751. https://www.uscis.gov/system/files_f...i-751instr.pdf

Instructions page 5/10
Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ?good faith? and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should include, but are not limited to, the following examples:
1. Birth certificates of children born during the time of this marriage, if any;

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. If applicable, submit copies of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family members and/or Form DD-1172 for military family member identification cards;

4. Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws; and

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required totestify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.

Filing taxes with different addresses or however it is - which I am not sure I understand - is taking you far away from what USCIS will want to see when you submit your I-751. Again, "Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date". When they say from the date of the marriage to the present date, they mean it. Every monthly bill, every lease. It must all be accounted for. They want to see that you didn't just add each other to the accounts right before it was to show proof of bona fide marriage. So deviating from what they want to see, is asking for a I-751 interview -possibly stokes. You want this interview waived.

In regards to your taxes, setting aside the issue with your wife's address which I do not fully understand - you can file a joint return with your address. If your LLC has a different address, that is OK. The address of the LLC goes on your Schedule C, etc. That's separate.
USCIS has your address as your joint address - where you both live. "We both can not change our address on IRS due to some issues like her mother and son and particularly the insurance and home assistance benefits." What does all that mean? It sounds like she does not live with you. Please clarify and explain again what the situation is for us to be able to give you meaningful advice.

All the best.