Miami, FL asked in Immigration Law for Florida

Q: form I-75 to remove conditions from residency. We have filed taxes "married filing separate" do we include the taxes?

We filed separetly because we both have student loans that we didn't want to mix into one big loan. Is it required to send the taxes? Would it look bad if we send them?

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1 Lawyer Answer

A: It is not required to send copies of tax returns, but people often do when it shows a joint filing. I would suggest that even though you didn't file jointly, the fact that you marked "married" filing separately is still good evidence of holding yourselves out to the world (in this case the IRS) as a bona fide couple. It is certainly better than having filed as "single." With a detailed explanation, perhaps in affidavit form, you could make this clear to USCIS such that they do view the separately filed tax returns (still having marked "married") as persuasive evidence of your bona fide relationship. Consult with an experienced immigration lawyer if you feel as though you wants assistance on how to proceed.

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