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Immigration Issues/married filing separate


Hello Annick. me and my wife have alwasy filed our taxes jointly but this year we have properties in 2 states and would like to file separate. also we are supposed to apply for Naturalization in 4 months time. What effect will this have on the N400 application? Is it advisable to file separate?
thank you,

Hello Joseph:

One of the requirements for the eligibility for naturalization is to demonstrate good and moral character.
Filing taxes on a yearly basis demonstrate good and moral character. I am assuming that both of you are legal permanent residents. You should consult a tax professional, in order to decide whether you should file your taxes separately.
It should have no consequences on your naturalization application, as long as you can demonstrate that such decision was allowed by IRS.

If you would like to schedule a follow-up confidential telephone or email legal consultation, please contact our email address: .

We offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it does not create an attorney-client relationship.


Annick Koloko, ESQ.

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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