Urgent help!!! n 400 Interview and tax marriage problem

[NigerLA 1]

My dear VJ members, the only reason we know about her situation is because she told us. Let's not be quick to judge anyone here, mistakes do happen.

I am an Accountant myself and have helped people with their taxes time and time again. I know how easy it is to make a mistake. She asked for advice, not for judgement or condemnation, please be merciful.

Peaches hopefully it all works out for you and let us know how it goes.

[manty 0]

. . . And if the officer asks for it, I will tell him that the accountant advised . . .

Peaches - do you actually have an accountant? I ask because the way I read your original post, it sounds like you and your husband knew that you were both illegally filng as head of household, but now that you risk being caught, you've concocted a made-up excuse to get off the hook.

Perhaps you do have an actual, real-life accountant. But something tells me that you filed your tax returns with no assistance from an accountant, and now you're planning to try and lie to cover your tracks.

Or perhaps I'm too cynical.

The thing is, I work closely with accountants. There's only one way 99% of accountants would tell you to file as head of household, and that is if he or she didn't know that someone else in your family was filing as head of household. And that would only happen if you deliberately used separate accountants for yourself and your husband in order to deceive the accountant. (Most professionals - lawyers, accountants etc. - have spent many years and many tens of thousands of dollars on their educations, and they don't risk throwing it all away to save a client a few grand. That's why I doubt any qualified accountant would advise you to break the law.)

Hmmmm. There's just too much "wrong" with your story. The least likely possibility is that it was a legitimate mistake. It sounds like you've known your filing status for many years, and it sounds like it's not a "surprise discovery" that you've only just realized two days ago by accident. And your English seems too good to blame this on a simple misunderstanding or not knowing what "head of household" or "single" meant. And it's not a rare occurrence either - it's a common means of defrauding the government that I'm sure many government tax and immigration inspectors are very familiar with (yup, not everyone who works for the federal government is stupid).

And to top it all off, you're now going to blame this on your "accountant"? The inspector will likely want to speak to this accountant (if there is one - if not, you're screwed), and the accountant, who in all likelihood isn't going to take a fall for a client and lose his or her license, will dig out the file and provide documentation of your deception.

Listen. I'm sorry you're in this situation. Perhaps the inspector will overlook it or miss it, but I doubt it. What you have done is a rather serious crime - it's not the moral or legal equivalent of a speeding ticket.

Your choice is simple: either move forward with citizenship and risk getting caught, or withdraw your application and you'll probably be safe from the IRS. If the inspector notices the "mistake" on your application, I doubt he or she will turn you over to the IRS, but it will definately be a huge black mark against you in terms of acquiring citizenship. If you withdraw, you'll perhaps never become a citizen.

What's worse, fraud is a crime of moral turpitude. It has very serious consequences for immigration purposes.

[KyngSilva 0]

Manty read the whole thread....she's amending her returns....

And peaches don't worry about these people giving you #######. Apparently they are all perfect and have never made a mistakes. =) Good luck and tell us how everything goes.

[manty 0]

Manty read the whole thread....she's amending her returns....

And peaches don't worry about these people giving you #######. Apparently they are all perfect and have never made a mistakes. =) Good luck and tell us how everything goes.

I did read the whole thread, thank you very much. Amended returns will make the whole affair look even more shady, particularly as it'll be very clear that the only motivation she had for filing amendments was the citizenship interview rather than a strong moral compass. Hardly the result of crushing guilt, and rather self-serving, don't you think?

And since when did someone have to be perfect in order to comment on someone else's faults? I've made many mistakes in my life, including some deliberate "mistakes" like the one Peaches made, but that doesn't stop me calling a situation like I see it. She committed tax fraud - successfully, too! - until she wanted to become a citizen of the nation whose tax laws she systematically sought to avoid.

Or, putting it another way, why would Peaches want to become a citizen under the very government she has deliberately deceived and cheated for the past three years?

Again, the story doesn't add up.

That said, I wish Peaches no harm in this process. I don't hope her chances of citizenship are dashed. I don't hope she gets caught. I don't hope she gets fined or jailed. If she wants to become a citizen, then I hope she succeeds.

I'm just a touch bothered by the fact that she is playing the "I'm just a simple foreign girl and I didn't know better - ooops!" card and everyone here is falling for it.

I'd feel far better if she posted something like the following: "Hey guys, I've got an immigration problem. I know it was wrong, but I filed as head of household for the past two years and as single one year, but I'm married. I've got my naturalization interview soon and I want to know how I should proceed. Any ideas?"

[peaches1313 0]

Manty read the whole thread....she's amending her returns....

And peaches don't worry about these people giving you #######. Apparently they are all perfect and have never made a mistakes. =) Good luck and tell us how everything goes.

I did read the whole thread, thank you very much. Amended returns will make the whole affair look even more shady, particularly as it'll be very clear that the only motivation she had for filing amendments was the citizenship interview rather than a strong moral compass. Hardly the result of crushing guilt, and rather self-serving, don't you think?

And since when did someone have to be perfect in order to comment on someone else's faults? I've made many mistakes in my life, including some deliberate "mistakes" like the one Peaches made, but that doesn't stop me calling a situation like I see it. She committed tax fraud - successfully, too! - until she wanted to become a citizen of the nation whose tax laws she systematically sought to avoid.

Or, putting it another way, why would Peaches want to become a citizen under the very government she has deliberately deceived and cheated for the past three years?

Again, the story doesn't add up.

That said, I wish Peaches no harm in this process. I don't hope her chances of citizenship are dashed. I don't hope she gets caught. I don't hope she gets fined or jailed. If she wants to become a citizen, then I hope she succeeds.

I'm just a touch bothered by the fact that she is playing the "I'm just a simple foreign girl and I didn't know better - ooops!" card and everyone here is falling for it.

I'd feel far better if she posted something like the following: "Hey guys, I've got an immigration problem. I know it was wrong, but I filed as head of household for the past two years and as single one year, but I'm married. I've got my naturalization interview soon and I want to know how I should proceed. Any ideas?"

You will feel much better? Its funny to read all of this. Well, that is why there are amendments I think. I actually, read in another forum a person with the same situation that the IO rescheduled her appt. while she fixed her tax returns with the same problem as mine. So please, refrain from posting negative thoughts in my thread.

I just want an advice on to how to bring it up, when he/she goes through the checklist and asks me if I owe to the govmnt and then I say I amended my returns? Actually, in one year the IRS owes me, in the other I owe like 200 dlls, not a big deal, thank god.

So back to my question, when should I bring it up? Thanks for all the support from everyone! And of course I will write back with my experience

[kokobearus 4]

Manty read the whole thread....she's amending her returns....

And peaches don't worry about these people giving you #######. Apparently they are all perfect and have never made a mistakes. =) Good luck and tell us how everything goes.

I did read the whole thread, thank you very much. Amended returns will make the whole affair look even more shady, particularly as it'll be very clear that the only motivation she had for filing amendments was the citizenship interview rather than a strong moral compass. Hardly the result of crushing guilt, and rather self-serving, don't you think?

And since when did someone have to be perfect in order to comment on someone else's faults? I've made many mistakes in my life, including some deliberate "mistakes" like the one Peaches made, but that doesn't stop me calling a situation like I see it. She committed tax fraud - successfully, too! - until she wanted to become a citizen of the nation whose tax laws she systematically sought to avoid.

Or, putting it another way, why would Peaches want to become a citizen under the very government she has deliberately deceived and cheated for the past three years?

Again, the story doesn't add up.

That said, I wish Peaches no harm in this process. I don't hope her chances of citizenship are dashed. I don't hope she gets caught. I don't hope she gets fined or jailed. If she wants to become a citizen, then I hope she succeeds.

I'm just a touch bothered by the fact that she is playing the "I'm just a simple foreign girl and I didn't know better - ooops!" card and everyone here is falling for it.

I'd feel far better if she posted something like the following: "Hey guys, I've got an immigration problem. I know it was wrong, but I filed as head of household for the past two years and as single one year, but I'm married. I've got my naturalization interview soon and I want to know how I should proceed. Any ideas?"

You will feel much better? Its funny to read all of this. Well, that is why there are amendments I think. I actually, read in another forum a person with the same situation that the IO rescheduled her appt. while she fixed her tax returns with the same problem as mine. So please, refrain from posting negative thoughts in my thread.

I just want an advice on to how to bring it up, when he/she goes through the checklist and asks me if I owe to the govmnt and then I say I amended my returns? Actually, in one year the IRS owes me, in the other I owe like 200 dlls, not a big deal, thank god.

So back to my question, when should I bring it up? Thanks for all the support from everyone! And of course I will write back with my experience

yeah,I second the motion to you Manty. To you peaches, just act normal and the IO will go through the yes and no answer in the N4oo, so I think that is where you should bring it up. When he ask about lying to gov't officials..then your answer should be yes. So goodluck to you! And ,i hope you learn lesseon,never lie again .

[KyngSilva 0]

Again peaches ignore people who have nothing important to say....We have perfect people and people who like to point out fault. And yes Manty when your perfect you can point as many fingers as you want, hence my quote from the Bible.

[NickD 202]

Again peaches ignore people who have nothing important to say....We have perfect people and people who like to point out fault. And yes Manty when your perfect you can point as many fingers as you want, hence my quote from the Bible.

No doubt that peaches will have some explaining to do both with the IRS and USCIS, it's for them to judge, not us. More than likely, she will be red flagged, and her taxes will be looked at more carefully by the IRS for the next several years. Can only wish you the best of luck, peaches, and hope all falls into place. She is bringing her error to the attention of the IRS, and not the other way around, so I hope they are nice to her.

[manty 0]

Again peaches ignore people who have nothing important to say....We have perfect people and people who like to point out fault. And yes Manty when your perfect you can point as many fingers as you want, hence my quote from the Bible.

By "important", you clearly mean "nice". I think those urging Peaches to address this issue with extreme caution (rather than "oh, you'll be just fine!") are pointing out something rather important, even if it isn't what Peaches wants to hear.

And as someone who is so fond of quoting the Bible, perhaps you should re-read the parts that discourage dishonesty, lying and stealing, as they are all applicable to Peaches' tax fraud. I don't see you quoting those sections to her, though.

[KyngSilva 0]

I have read the bible cover to cover to know that even liars, cheaters and so on deserve a second chance. Like it says stop point fingers.And manty I'm not getting into a pissing contest with you, this board was created to help people and NOT to point fingers at others. You dont have the right to point fingers at others when you screw up yourself. Peaches knows that she did something wrong, that is why she is here. Have you offered one bit of advice or just analyzed her whole statements? Wow....All I can say is I hope you don't live your life by statements like these "And since when did someone have to be perfect in order to comment on someone else's faults? "... REALLY....LOL

[NickD 202]

Wife never watched First Blood before, so we watched it a couple of nights ago. Rambo said, and I quote, "let it go". Feel that is also good advice for this thread.

[KyngSilva 0]

LOL....Rambo for President... Your right Nick

[Cino 5]

Hello;

As an experienced tax preparer, I know one thing when you are married, YOU CAN NOT FILE AS A HEAD OF HOUSEHOLD.

Since you & your spouse have filed as a head of household. You have had more deductions which you shouldn't have

done it. I'm surprised you haven't given an audit by IRS. Tax documents are the most important evidence for USCIS.

It is very good advise not to mess with IRS. They will make you pay with the interest !....

GOOD LUCK !....

[NickD 202]

Hello;

As an experienced tax preparer, I know one thing when you are married, YOU CAN NOT FILE AS A HEAD OF HOUSEHOLD.

Since you & your spouse have filed as a head of household. You have had more deductions which you shouldn't have

done it. I'm surprised you haven't given an audit by IRS. Tax documents are the most important evidence for USCIS.

It is very good advise not to mess with IRS. They will make you pay with the interest !....

GOOD LUCK !....

Unless they did have separate households, but yet another problem with the USCIS with the marriage privilege. Love the IRS, will take away deductions, but won't let you add any that you forgot, unless they changed that rule. How do you keep up?

[Cino 5]

Look at the definition of "Head of Household"

The Head of Household status is available for taxpayers who are unmarried and who are caring for a child, parent, or other close family member living in the same household with them. That seems pretty easy to understand. What makes this filing status complicated is that both the unmarried and the qualifying person criteria can be complex.

For example, a taxpayer will be unmarried if he or she (1) has never been married, (2) is legally separated or divorced by the end of the year, or (3) has lived apart for his or her spouse for at least the last six months of the year.