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Immigration Issues/us citizen needs to divorce/anull immigrant that is messing with tax issues for the us citizen

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Question
i am married to an immigrant from , who i am no longer with. i recently have enrolled into a junior college and have no source of income so i filed for my education taxes hoping to be reimbursed by the goverment for my education expenses only to be rejected because my immigrant husband has already files on me.

what are my rights as a us citizen and how do i resolve this issue without any court fees as i have no income what so ever?

Answer
Dear Jennifer:
I did not exactly understand your query. You say, you are not with your husband anymore; so are you separated or divorced?

You also say that your "husband has already files on" you. May be you meant - he had already filed taxes including you as a household member, if I am not mistaken?

Anyways, if you are still married, you may file "married filing separate" and inform your husband to amend his taxes.  You may also inform the IRS of your status of filing.  

However, if you are legally separated or divorced you may file individually as head of household and inform the IRS of your status of filing.  

and, if you are not divorced but intend to get one, you may file for divorce and request for fee waiver (laws differ from state to state and county to county - please check with your county clerk for proper procedure.)

Further, I would advise that you consult an accountant or just call IRS and you would be fine.

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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