Legal Question in Immigration Law in California

I have applied for citizenship (already got the conditions taken off from green card and 3 years have elapsed). For the past three years I have two years of tax returns in which my wife and I filed jointly. However, this last year she filed as head of household with her parents home address. If I were to go to the citizenship meeting - how critical is it if I'm "missing" the 3rd year tax returns for my wife? My tax return was filed as married but filing separately. I am willing to risk going without hers, but I don't want to risk it as much where I would get in trouble.

I am pretty sure the obvious answer would be that they know or that I need to give them my wife's tax return. So, if I were to cancel my citizenship application (haven't gotten appt but I have done the biometrics) what kind of consequence would I have? I would file on my 5th year (so in 2 more years). What happens if I were to have a DUI at that time?

My wife and I are still married, but we have separated. No separation or divorce has been submitted to the courts - because we won't until I would've secured my citizenship.

I appreciate any answer that you could or what your recommendation would be.


Asked on 10/22/14, 11:25 am

2 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 10/22/14, 4:23 pm
Armen Tashjian Law Offices of Armen M. Tashjian

If you have your permanent green card toy should not have any problems with regards to her taxes or separation.

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Answered on 10/23/14, 8:06 am


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