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JV4RMGTO

filling status head of household

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Filed: AOS (pnd) Country: China
Timeline

If I were USCIS personnel, and one of the spouse filed as "Single" for 3 years of tax,

I think that would raise my eye brows, and therefore, at a minimum, I think they will

ask some tough questions.

Though it depends on the income level, other investments and deductibles,

I thought for many, there is actually tax benefit to file either Married filing jointly

or Married filing separately vs. Single, which I thought was taxed the most.

Something doesn't sound right that you guys would file jointly, but not for those 3 years.

Did something happened to the relationship? What was the reason for your wife filing "single"?

Lastly...please fill out your timeline.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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If I were USCIS personnel, and one of the spouse filed as "Single" for 3 years of tax,

I think that would raise my eye brows, and therefore, at a minimum, I think they will

ask some tough questions.

Though it depends on the income level, other investments and deductibles,

I thought for many, there is actually tax benefit to file either Married filing jointly

or Married filing separately vs. Single, which I thought was taxed the most.

Something doesn't sound right that you guys would file jointly, but not for those 3 years.

Did something happened to the relationship? What was the reason for your wife filing "single"?

Lastly...please fill out your timeline.

Sounds like to me that the wife was able to receive the earned income credit by filing as HOH and they would have only gotten back a refund of their own withholdings if they would have filed jointly. This is the main reason why people file as single/HOH when they are actually married. Either that or one of them didn't want to claim all their income, and the other spouse was afraid of getting stuck with a large tax bill if audited.

Yes, JV4RMGTO, I am being judgmental. By intentionally choosing the wrong filing status on your returns year after year you are cheating our American tax system. I had been an income tax auditor for many years and I seen many immigrants faithfully pay their taxes and some who have not. I feel that many Americans are prejudice against immigrants (especially those from Mexico) because they feel that they don't pay their fair share of taxes. I have audited many resident and non-resident Mexicans living in America that have paid their taxes. The ones that do not - are giving xenophobes a good reason to keep our fiances, spouses and other loved family members away from us for many months or even years.

Okay, stepping off my soap box now. Please consider your reasons on why you would file using the wrong filing status and think of the total consequences before you act. I know it's tough out here - but we are supposed to be all in this together...



Signature coming soon...

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Filed: Citizen (apr) Country: Mexico
Timeline

It's easy enough to get right with the IRS by filing amended returns, and I guess we will know what happened with USCIS next Monday -- if the OP tells us, of course.

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Filed: Citizen (pnd) Country: Mexico
Timeline

well we amended 2012 2013 and 2014 i made copies to take with me to interview on monday, am i suppose to take 3 year tax returns or 5

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Filed: AOS (pnd) Country: China
Timeline

Sounds like to me that the wife was able to receive the earned income credit by filing as HOH and they would have only gotten back a refund of their own withholdings if they would have filed jointly. This is the main reason why people file as single/HOH when they are actually married. Either that or one of them didn't want to claim all their income, and the other spouse was afraid of getting stuck with a large tax bill if audited.

Yes, JV4RMGTO, I am being judgmental. By intentionally choosing the wrong filing status on your returns year after year you are cheating our American tax system. I had been an income tax auditor for many years and I seen many immigrants faithfully pay their taxes and some who have not. I feel that many Americans are prejudice against immigrants (especially those from Mexico) because they feel that they don't pay their fair share of taxes. I have audited many resident and non-resident Mexicans living in America that have paid their taxes. The ones that do not - are giving xenophobes a good reason to keep our fiances, spouses and other loved family members away from us for many months or even years.

Okay, stepping off my soap box now. Please consider your reasons on why you would file using the wrong filing status and think of the total consequences before you act. I know it's tough out here - but we are supposed to be all in this together...

Yeah...anyone can make mistakes...and to some degree some mistakes can be forgiven with proper consequences,

but intentional mis-filing is pretty upsetting if they are doing it (knowingly) illegally to dodge their fair share of tax pay..

as one wants to live off other's tax.

As a long time computer programmer, it's really mind boggling to think why IRS has such holes in their program.

It doesn't take much coding to cross check SSN of married couples, especially if their filing is conflicting.

One filing as "married filing jointly" and the other as "single" is very easy to detect and clear red sign.

If they were divorced, they would both had to file as "single" or as "head of household".

And we need government system to be able to cross-check with each other's systems.

well we amended 2012 2013 and 2014 i made copies to take with me to interview on monday, am i suppose to take 3 year tax returns or 5

That's good. Tha'ts the right thing to do.

Normally it should be 3.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Share on other sites

Yeah...anyone can make mistakes...and to some degree some mistakes can be forgiven with proper consequences,

but intentional mis-filing is pretty upsetting if they are doing it (knowingly) illegally to dodge their fair share of tax pay..

as one wants to live off other's tax.

As a long time computer programmer, it's really mind boggling to think why IRS has such holes in their program.

It doesn't take much coding to cross check SSN of married couples, especially if their filing is conflicting.

One filing as "married filing jointly" and the other as "single" is very easy to detect and clear red sign.

If they were divorced, they would both had to file as "single" or as "head of household".

And we need government system to be able to cross-check with each other's systems.

I don't know if it is a hole or not. If a couple never files their married status (joint or separate), then the Service won't make that connection. Even if a man and woman are reporting the same residence, no one from a governmental standpoint can or should assume they are married - they could be siblings.

One thing that I appreciate from our tax system is that it relies on voluntary reporting. I would hate it if the government started knocking on everyone's doors or mailing out mass letters to check things, such as filing status. Our government should have limited authority. Audits should be conducted to promote taxpayer voluntary compliance and to reduce the tax gap - not to barge into everyone's lives or population control.

But yes, we all make mistakes, don't we? We all get tempted, don't we? We all get lied to, don't we? The reason for filing this way could be many. A mistake, a personal justification, a lying/shady tax preparer. But I agree with the amended returns...we all need erasers on our pencils!!! :)



Signature coming soon...

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Filed: AOS (pnd) Country: China
Timeline

I don't know if it is a hole or not. If a couple never files their married status (joint or separate), then the Service won't make that connection. Even if a man and woman are reporting the same residence, no one from a governmental standpoint can or should assume they are married - they could be siblings.

One thing that I appreciate from our tax system is that it relies on voluntary reporting. I would hate it if the government started knocking on everyone's doors or mailing out mass letters to check things, such as filing status. Our government should have limited authority. Audits should be conducted to promote taxpayer voluntary compliance and to reduce the tax gap - not to barge into everyone's lives or population control.

But yes, we all make mistakes, don't we? We all get tempted, don't we? We all get lied to, don't we? The reason for filing this way could be many. A mistake, a personal justification, a lying/shady tax preparer. But I agree with the amended returns...we all need erasers on our pencils!!! :)

They had filed jointly before...just those 3 years they didn't.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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