Aurora, IL asked in Tax Law for Illinois

Q: Do I say that I have applied for U.S. lawful residence on my tax returns?

My husband is a lawful permanent resident and has filed I-130 in 2023. We are currently waiting for approval and have not filed I-485 yet. While filling out my paperwork for tax returns as an F-1 student, I have been asked if I have ever applied for U.S. citizenship/lawful residence. What should I answer?

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James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: When completing your tax returns, it's crucial to provide accurate and truthful information. If you've been asked about applying for U.S. citizenship or lawful residence, and an I-130 petition has been filed on your behalf by your husband, then yes, you should indicate that an application for lawful residence has been initiated. This is because the filing of the I-130 petition is part of the process of applying for lawful permanent residency, even though the I-485, Application to Register Permanent Residence or Adjust Status, has not been filed yet.

The reason for this disclosure is to ensure transparency in your immigration status as it may have implications for your tax situation. For example, it could affect your residency status for tax purposes and potentially impact your eligibility for certain credits or your tax filing requirements. It's important to understand that the U.S. tax system operates independently from the immigration system, but certain intersections between the two, such as your status and intentions regarding residency, can have tax implications.

If you're unsure about how to answer specific questions on your tax return or if you have concerns about how your immigration status affects your taxes, it might be beneficial to consult with a tax professional or an attorney who specializes in tax law. They can provide guidance tailored to your specific situation, ensuring that you comply with U.S. tax laws while also considering your ongoing immigration process.

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