N400 file single when im married by error (merged)

[Henyna23 0]

Hello everyone!

I send my n400 application on june, I am married and I have had my green card for more than five years actually 13 years, im Cuban. I have paid my taxes all the past years. However our tax preparer has used " single" and not married filing jointly or separtely.. Ok here is the question.. Will that affect my naturalization?? Thank You helppppppppp ohh im applying for the 5 year category.

Edited July 9, 2013 by Henyna23

[BigDaddy28 228]

did you file based on marriage bases? If you did then yes it matters. If you filed based then 5 year rule then it won't matter.

[BigDaddy28 228]

I would pay just to not be worried about something but you will need to get a proof that you paid it. If you want to dispute it than go ahead but I advice you to get a lawyer for taxes also.

[Henyna23 0]

Silkafi88 thank You for your fast answer!! I was so worried about that .. I filed for 5 years rule..so ill be ok. Thanks again

[happilycontent 16]

Hello everyone!

I send my n400 application on june, I am married and I have had my green card for more than five years actually 13 years, im Cuban. I have paid my taxes all the past years. However our tax preparer has used " single" and not married filing jointly or separtely.. Ok here is the question.. Will that affect my naturalization?? Thank You helppppppppp ohh im applying for the 5 year category.

I don't think it will since you are applying under 5 year resident. You will get more answers if you repost this question in the main forum.

[Henyna23 0]

I don't think it will since you are applying under 5 year resident. You will get more answers if you repost this question in the main forum.

Thanks i will

[HeatDeath 431]

Since you're applying based on 5+ years of PR status, your marriage is completely irrelevant to whether you are qualified for naturalization or not. It shouldn't make a difference to this application.

In the worst case scenario, this could introduce doubt into the IOs mind as to the validity of your marriage. I don't know if you obtained your PR status through marriage, or if you had a Removal of Conditions. You obviously got through those, if you had them, so your evidence of relationship, including tax returns, must have been acceptable then.

The worst possible scenario is that your tax returns, as they stand now, prompt the IO to wonder if you materially misrepresented yourself in a prior filing. If you are found to have misrepresented the state of your marraige at a previous RoC or AOS filing, that could result in the denial of this application, and the retroactive denial of your PR status. But if you tell the truth, that this is mere tax preparer error (How many years returns are incorrect anyways? If it's just one that's almost certainly no problem. If you've been filing as single for the last decade, that's a much bigger problem) you should be fine.

[Penguin_ie 6,002]

*** four topics merged and other posts from other topics removed. Do not ask your question more than once, or in other people's threads, please. *****

[Autumnal 25]

Essentially, under the 5 year rule, you're proving your legitimacy as an immigrant and intent to naturalize without your spouse. It shouldn't be a problem that your taxes are noted as single, versus married filing joint. I would personally recommend that you look into it because you are probably better off doing MFJ and getting better refunds.

[Henyna23 0]

Since you're applying based on 5+ years of PR status, your marriage is completely irrelevant to whether you are qualified for naturalization or not. It shouldn't make a difference to this application.

In the worst case scenario, this could introduce doubt into the IOs mind as to the validity of your marriage. I don't know if you obtained your PR status through marriage, or if you had a Removal of Conditions. You obviously got through those, if you had them, so your evidence of relationship, including tax returns, must have been acceptable then.

The worst possible scenario is that your tax returns, as they stand now, prompt the IO to wonder if you materially misrepresented yourself in a prior filing. If you are found to have misrepresented the state of your marraige at a previous RoC or AOS filing, that could resuult in the denial of this application, and the retroactive denial of your PR status. But if you tell the truth, that this is mere tax preparer error (How many years returns are incorrect anyways? If it's just one that's almost certainly no problem. If you've been filing as single for the last decade, that's a much bigger problem) you should be fine.

I had a removal of conditions.. Actually i gave my wife her green card on 2005 under:

23.11 Cuban Adjustment Act Cases.

(a) General . The Cuban Adjustment Act (Public Law 89-732) (CAA) became law on November 2, 1966. Section 1 of the Act was designed to permit thousands of Cuban refugees to adjust to lawful permanent residence. Most of these Cubans were parolees or nonimmigrants who could not return to Cuba for political reasons, but could not seek residence through other means. Similar laws have been passed over the years for other nationalities as well, e.g., Public Law 101-167 (for former nationals of the Soviet Union, Laotians, Camb odians, and Vietnamese).

(b) Eligibility . In order to be granted adjustment under the CAA, an applicant must:

(1) Be a native or citizen of Cuba. An applicant could meet this requirement through any one of several different means. He or she could be:

A person who was born in Cuba, and is still a citizen of Cuba;

A person who was born in Cuba, but later became a citizen of some other country or became stateless;

And i got my green card under this too when i came in 2000 .. I have my 4 last years taxes as single.. Im so nervous!!! Thanks for your replies !!

[HeatDeath 431]

If you filing status is only incorrectly "Single" for the last four years then I think you're ok. It shouldn't matter, given how long ago your RoC was. Since the transition from whatever status you were filing as before to Single happened after your last immigration filing, it does not imply any misrepresentation in your last immigration filing. And since your current filing has nothing to do with your current martial status at all, I think you're in the clear.

[Henyna23 0]

Thank You everyone