Tax return issue

[ali.cha 18]

Hi everyone,

 

I married an American in 2012 and came to the US in 2013. Based on my marriage I could send application to citizenship in 2016. I have been putting this on hold since my husband worked for commission and he hasn't paid taxes for the last 2 years due of many debts. I started working from last year and I filed my first taxes this April as Independent. The question is can I file application for citizenship and avoid rejection because of his extension for filing taxes? Am I responsible for his actions even though I didn't work back then? 

[databit 328]

What does filing "as independent" mean to you? Married people can only file as "joint" or "married filing separately." hope you did not file as "single" because that is tax fraud.

[T&T&T 31]

shouldn't be fraud since she will pay a higher tax as a single person than being married or married filling separately.   Sounds like she misunderstood the tax code and just wants to pay her taxes.   Don't know about paying the back taxes but maybe someone else can answer that for you.  

[ali.cha 18]

yes i paid separately since I had income from last year.

[databit 328]

14 minutes ago, T&T&T said:

shouldn't be fraud since she will pay a higher tax as a single person than being married or married filling separately.   Sounds like she misunderstood the tax code and just wants to pay her taxes.   Don't know about paying the back taxes but maybe someone else can answer that for you.  

 

Depends. It is definitely a tax offense. And OP said that her husband was evading taxes for 2 years. If she left him off her filing, that is willful fraud (conspiracy). Here's the all-about-it US Publication if you want to plow through it:

 

https://www.irs.gov/pub/irs-utl/tax_crimes_handbook.pdf

[T&T&T 31]

Doesn't sound like husband was evading taxes but simply didn't have the money to pay his tax and will pay his taxes plus penalty  as soon as the money is available.  To commit fraud you must have intent. If this lady was trying to pay her taxes and didn't understand the complicated tax code ,   no fraud.  Don’t have the time to read threats from the IRS.

[Cyberfx1024 7,978]

12 hours ago, T&T&T said:

Doesn't sound like husband was evading taxes but simply didn't have the money to pay his tax and will pay his taxes plus penalty  as soon as the money is available.  To commit fraud you must have intent. If this lady was trying to pay her taxes and didn't understand the complicated tax code ,   no fraud.  Don’t have the time to read threats from the IRS.

It is still a crime if you don't pay your taxes as you should. The IRS can come after you if you don't pay and they can make life a living hell. 

[candybabe 46]

If filed taxes as Single , that will also raise a flag if applying at 3 years based on marriage to US citizen - possibly flag the marriage for special review for marriage fraud.

[MyJourney 276]

You can file your taxes separately with no problems at all. I am assuming you meant separately when you said "independently".
But, if you are filing on a 3-year rule, you must keep in mind that the "bona-fide marriage" is the single most important factor.
I am just thinking this whole talk about his debts, your taxes, etc. may indicate that there is a rift in the marriage. Since you are on year 4, I would recommend waiting out another year and apply on a 5-year rule to avoid all the headache related to "bona fide marriage".

Edited July 5, 2017 by MyJourney

[ali.cha 18]

Well I filed taxes as married but separately since my husband works for commission and I do hourly. He didn't avoid paying taxes on purpose it just happened the little money he made we had to survive somehow. I filed the very first time this spring because It was a serious full time job where I was paid on check

[candybabe 46]

On ‎7‎/‎9‎/‎2017 at 0:29 AM, ali.cha said:

Well I filed taxes as married but separately since my husband works for commission and I do hourly. He didn't avoid paying taxes on purpose it just happened the little money he made we had to survive somehow. I filed the very first time this spring because It was a serious full time job where I was paid on check

when you decide not to pay taxes to the US Govt on income you received while working in the US because "you had to survive somehow" , you decided - on purpose - that you are going to break the law without consideration for future consequences.

So the answer is yes - you ( both of you) decided tax evasion ( as small $$ as it was)  was the way to go. End of story. That will be considered lack of good moral character as it is.