Amended tax return

[GuidedbyGODkatval 1]

So my husband and I amended our tax return for 2013 because we both filed as single. Since I can apply for citizenship by august or 90 days before my 3 years here, I know they would need my 2012,2013 and 2014. For the year 2012, my husband didnt work and I just started working october of same year( Our arrival was august 27,2012). So my mother in law claimed us( hubby,me and the baby) as her dependents. But when I checked the tax transcript it says that I'm single. Will they raise a red flag for that? The tax preparer who amended our return for 2012 said that's ok. But i just wanted to make sure. Thanks for the help.

[JimmyHou 610]

So my husband and I amended our tax return for 2013 because we both filed as single. Since I can apply for citizenship by august or 90 days before my 3 years here, I know they would need my 2012,2013 and 2014. For the year 2012, my husband didnt work and I just started working october of same year( Our arrival was august 27,2012). So my mother in law claimed us( hubby,me and the baby) as her dependents. But when I checked the tax transcript it says that I'm single. Will they raise a red flag for that? The tax preparer who amended our return for 2012 said that's ok. But i just wanted to make sure. Thanks for the help.

The tax returns are used as evidence in support of your application for naturalization based on marriage to A US citizen. If you give them a tax return that says you were single, they're probably going to ask questions. It sounds like you have an explanation for why you were claimed as a dependent, but they will want to know why you filed and single. It sounds like the lawyer you asked has told you that it was okay to do that for me text point of view I have no idea if that's true but it might be. But that's not really what US CI S is looking for. As long as you have other evidence that you were married and living together at the time, I assume that it's going to be okay. But I don't think anyone on here can tell you that you won't be asked about it.

[GaRaS 10]

You do not need to worry, Putting single IS OK even though your married. I've been doing it ever since. The reason putting single is basically that you don't want to pay uncle sam when u file your tax especially when you earn more money as a result for putting single is getting a refund guaranteed. If other say it will cause a red flag on immigration NOT TRUE.

GaRaS

So my husband and I amended our tax return for 2013 because we both filed as single. Since I can apply for citizenship by august or 90 days before my 3 years here, I know they would need my 2012,2013 and 2014. For the year 2012, my husband didnt work and I just started working october of same year( Our arrival was august 27,2012). So my mother in law claimed us( hubby,me and the baby) as her dependents. But when I checked the tax transcript it says that I'm single. Will they raise a red flag for that? The tax preparer who amended our return for 2012 said that's ok. But i just wanted to make sure. Thanks for the help.

[JimmyHou 610]

You do not need to worry, Putting single IS OK even though your married. I've been doing it ever since. The reason putting single is basically that you don't want to pay uncle sam when u file your tax especially when you earn more money as a result for putting single is getting a refund guaranteed. If other say it will cause a red flag on immigration NOT TRUE.

GaRaS

I may have misunderstood your response, and if so, I apologize. Maybe you meant to say you are married but filed separately. If, however, you are married and you are filing single, that is definitely not OK and will eventually get you in trouble.

From a tax perspective, filing as single when you are married in order to pay lower taxes is certainly not allowed (except in certain cases for example Head of Household)! This can lead to audits and fines.

http://budgeting.thenest.com/can-files-irs-taxes-single-person-am-married-3998.html

You can't lie about your marital status to save money and claim that it's ok. The tax forms allow you to file as "married, filing separately" if you choose.

From an immigration perspective, why on earth would USCIS ask to see tax returns if they didn't care how you filed? They specifically only ask to see tax returns for people filing based on marriage to a US citizen. Those applying using the 5 year rule don't have to do this. So what's the point of seeing them if you give them three returns that say you're single? Like I said in my earlier response, this won't likely result in a denial, but to say it's not an issue means that asking for tax returns is basically useless.

To the OP; it sounds like you were covered by the Head of Household rules when you were claimed as a dependent. Some of those rules are different and I don't fully understand them. That's probably why your lawyer told you it'll be ok. http://taxes.about.com/od/filingstatus/qt/FilingStatus.htm

[ExPatty 502]

You do not need to worry, Putting single IS OK even though your married. I've been doing it ever since. The reason putting single is basically that you don't want to pay uncle sam when u file your tax especially when you earn more money as a result for putting single is getting a refund guaranteed. If other say it will cause a red flag on immigration NOT TRUE.

GaRaS

If you are married, you can either file as married joint, or file as married separately. If you file your taxes as "single", it's illegal, and extremely easy for IRS to eventually catch you on; really not a good idea, whether it impacts immigration or not. Google "illegal married file single" and you'll see a multitude of responses asserting the same.

[GaRaS 10]

Google lol, i did check them. Again Its not illegal to put single. Why would u get in trouble when YOU PUT SINGLE when you pay more taxes while putting married you pay less tax? IRS wont even bother checking your tax unless you put too many deductions so that it will increase your tax refund. AGAIN YOU WILL NOT GET IN TROUBLE. GuidedbyGODkatval tax preparer is right there is nothing wrong when you put single. GuidedbyGODkatval its up to you which person you will listen to.

GaRaS

If you are married, you can either file as married joint, or file as married separately. If you file your taxes as "single", it's illegal, and extremely easy for IRS to eventually catch you on; really not a good idea, whether it impacts immigration or not. Google "illegal married file single" and you'll see a multitude of responses asserting the same.

[ExPatty 502]

Google lol, i did check them. Again Its not illegal to put single. Why would u get in trouble when YOU PUT SINGLE when you pay more taxes while putting married you pay less tax? IRS wont even bother checking your tax unless you put too many deductions so that it will increase your tax refund. AGAIN YOU WILL NOT GET IN TROUBLE. GuidedbyGODkatval tax preparer is right there is nothing wrong when you put single. GuidedbyGODkatval its up to you which person you will listen to.

GaRaS

If you are married, it is illegal to say you are single on your tax return. unless it matches very specific criteria. This isn't even up for debate. It is simply illegal. Follow the corrections you've been given here by JimmyHou and myself or not, it's really no skin off our back, but you are breaking the law. Your notion that a person can only be audited for putting too many deductions is also untrue. There are a multitude of things that can trigger and audit and IRS is deliberately vague on them.

http://www.thefiscaltimes.com/Articles/2013/02/04/The-10-Worst-Tax-Mistakes-You-Can-Make " Select the wrong status, and it will trigger a cascade of mistakes–maybe even an audit."

Edited January 30, 2015 by ExPatty

[JimmyHou 610]

Google lol, i did check them. Again Its not illegal to put single. Why would u get in trouble when YOU PUT SINGLE when you pay more taxes while putting married you pay less tax? IRS wont even bother checking your tax unless you put too many deductions so that it will increase your tax refund. AGAIN YOU WILL NOT GET IN TROUBLE. GuidedbyGODkatval tax preparer is right there is nothing wrong when you put single. GuidedbyGODkatval its up to you which person you will listen to.

GaRaS

You clearly have a view here and I won't try to change your mind.

For others, this is absolutely wrong and is illegal. Knowingly providing false information on a tax return is illegal.

It doesn't matter whether or not you will get in trouble or if they will bother to check. No one on this site should be advised to break the law just because they probably won't be caught.

[Done--Really 331]

It is always interesting to me that the more wrong someone is, the stronger their opinions tend to be.

Here is an easy to read overview of filing status -- you could read the IRS documents as well, but this says it better.

http://www.candofinance.com/taxes/filing-status/

[GuidedbyGODkatval 1]

I appreciate all your response.I didnt ask an attorney about this matter. I dont know why did the tax preparer put my status as a single on the year 2012 (thats when y mom in law claimed us as her dependents). That's why Im also worried about it. Then for the 2013, it was amended. Our marriage is really bonafide and we have proofs that we can provide. Thank you all☺️ So if I am ready to file my n400 do i have to submit the itr from 2013 plus the amended tax return? Thank you so much.

[MayoKy 10]

For others, this is absolutely wrong and is illegal. Knowingly providing false information on a tax return is illegal.
It doesn't matter whether or not you will get in trouble or if they will bother to check. No one on this site should be advised to break the law just because they probably won't be caught.

[GuidedbyGODkatval 1]

I cant find rhe answer on this question. Tried google-ing but failed. If my mom in law claimed me as dependent and my husband including my daughter , is my status single or married filing separately?

[JimmyHou 610]

I cant find rhe answer on this question. Tried google-ing but failed. If my mom in law claimed me as dependent and my husband including my daughter , is my status single or married filing separately?

I don't understand the question; can you clarify what you're asking?

Filing status is the status you claim on your tax return (single, or married, or married and filing separately). You didn't file your mother in law's truth, she did; so she would have put her own filing status on it. If you didn't file a return that year then there's bo filing status.

[GuidedbyGODkatval 1]

My mother in law claimed me as one of her dependents. My husband didnt work for the year 2012. I just filed my taxes to get my taxes withheld. The tax preparer put single. I asked one of my co workers and a person working at h&r block and they both said that wont be a problem since someone has claimed me.

[GuidedbyGODkatval 1]

So my filing status for 2012 is single with no dependents.So do i have to amend this too to change my filing status? If so, is it marring filing seperately since my husband and my daughtwr were claimed by my mother in law too. Thanks a lot.