Jump to content
Sign in to follow this  
mdbr

Taxes: I filed "Married filling separated, she filed "head of household"

6 posts in this topic

Recommended Posts

Hello all,

I have recently received my unconditional GC, and I am already elegible to file under the 3 year rule.

However upon going through the requirements for the N 400, I see that I will need to provide my tax returns of previous 3 years.

I have filed as married filling separately, but my wife filed "head of household".

The question is, do I need to provide her tax returns for my naturalization application? If yes, will this be an issue?

Thanks in advance for any advise.

Edited by mdbr

Green card through marriage process:

Dec 6th 2011(day 0): Sent AOS package
Dec 12th (day 6): Appt received
Dec 15th (day 9): Received txts/emails
Dec 20th (day 14): NOA1 received
Dec 22th (day 16): Biometrics appt received scheduled for Jan 13th
Dec 28th (day 22): Biometrics walk-in at Varick location in NYC
Feb 14th 2012 (day 70): I-765 case update: EAD Card production
Feb 17th (day 73): I-765 case update: EAD Card production (again?)
Feb 21st (day 77): I-765 case update: EAD mailed by USPS
Feb 24th (day 80): EAD delivered!!!
Feb 27th (day 83): Applied for a SS card
Mar 2nd (day 87): SS card in hand
Mar28th (day 113): Interview date received through txt/ email for May 3rd
May 3rd (day 149): Interview at Federal Plaza, NYC
May 4th (day 150); txt/email that I-130 was approved!!!
May 16th (day 162): txt/email GC in production
May 19th (day 165): Green Card received!!!!

Removal of Conditions:

April 24th: I-751 Sent to Vermont center

April 25th: I-751 Received

Nov 14th: RFE Received

Jan 23rd 2015: RFE Responded

Feb 12th 2015: Decision date on I-797: APPROVED!

Feb 17th 2015: Card production ordered

Feb 26th 2015: 10 year green card received

Share this post


Link to post
Share on other sites

Yes. She has a daughter from a previous relationship, and decided to keep filling as "head of household" after married. However we do live together in the same apartment.


Green card through marriage process:

Dec 6th 2011(day 0): Sent AOS package
Dec 12th (day 6): Appt received
Dec 15th (day 9): Received txts/emails
Dec 20th (day 14): NOA1 received
Dec 22th (day 16): Biometrics appt received scheduled for Jan 13th
Dec 28th (day 22): Biometrics walk-in at Varick location in NYC
Feb 14th 2012 (day 70): I-765 case update: EAD Card production
Feb 17th (day 73): I-765 case update: EAD Card production (again?)
Feb 21st (day 77): I-765 case update: EAD mailed by USPS
Feb 24th (day 80): EAD delivered!!!
Feb 27th (day 83): Applied for a SS card
Mar 2nd (day 87): SS card in hand
Mar28th (day 113): Interview date received through txt/ email for May 3rd
May 3rd (day 149): Interview at Federal Plaza, NYC
May 4th (day 150); txt/email that I-130 was approved!!!
May 16th (day 162): txt/email GC in production
May 19th (day 165): Green Card received!!!!

Removal of Conditions:

April 24th: I-751 Sent to Vermont center

April 25th: I-751 Received

Nov 14th: RFE Received

Jan 23rd 2015: RFE Responded

Feb 12th 2015: Decision date on I-797: APPROVED!

Feb 17th 2015: Card production ordered

Feb 26th 2015: 10 year green card received

Share this post


Link to post
Share on other sites

Like aaron2020 noted above, your wife must fix her tax returns. That is why I asked the question.

There is nothing wrong with your tax return. However, your wife does NOT qualify for HOH. As you have already filed MFS, her only choice is MFS. Unfortunately, this will likely incur additional tax liability as well as penalties and interest for late payment.

However, if you amend you both amend your tax returns as MFJ, you will likely realize a lower tax burden which may result in additional refunds. Regardless, it will make the two of you square with the IRS and have a set of MFJ tax transcripts to support your naturalization application.

Either way, she can still claim a deduction for her dependent child.

Share this post


Link to post
Share on other sites

Thank you both for your responses. I undertand this will cause us trouble with the IRS, however will this keep me from getting my US Citizenship? As novedsac pointed out, mine were filled correctly, so I hope this won't keep the USCIS from accepting my application.


Green card through marriage process:

Dec 6th 2011(day 0): Sent AOS package
Dec 12th (day 6): Appt received
Dec 15th (day 9): Received txts/emails
Dec 20th (day 14): NOA1 received
Dec 22th (day 16): Biometrics appt received scheduled for Jan 13th
Dec 28th (day 22): Biometrics walk-in at Varick location in NYC
Feb 14th 2012 (day 70): I-765 case update: EAD Card production
Feb 17th (day 73): I-765 case update: EAD Card production (again?)
Feb 21st (day 77): I-765 case update: EAD mailed by USPS
Feb 24th (day 80): EAD delivered!!!
Feb 27th (day 83): Applied for a SS card
Mar 2nd (day 87): SS card in hand
Mar28th (day 113): Interview date received through txt/ email for May 3rd
May 3rd (day 149): Interview at Federal Plaza, NYC
May 4th (day 150); txt/email that I-130 was approved!!!
May 16th (day 162): txt/email GC in production
May 19th (day 165): Green Card received!!!!

Removal of Conditions:

April 24th: I-751 Sent to Vermont center

April 25th: I-751 Received

Nov 14th: RFE Received

Jan 23rd 2015: RFE Responded

Feb 12th 2015: Decision date on I-797: APPROVED!

Feb 17th 2015: Card production ordered

Feb 26th 2015: 10 year green card received

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×