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filling status head of household

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my wife filled single in her tax return 2012 2013 2014 i filled head of household will this be an issue during my interview next week? we have mortgage under both names bank account together utilities both names vehicle insurance both names...

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Can't tell, you need to explain. Approval is up to USCIS.


12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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It may not be a problem with immigration but it might be a problem with the IRS. Either you are married or you aren't married. If you are married you must file as such. What you are doing is tax fraud and if caught by the IRS you could be subject to fines and penalties. Please read the instructions for the tax forms which explains what filing status you may use in your situation.

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How long have you been married?

2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-02-06: Packet 4 Received by email

2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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If you did this knowingly, this could be deemed by USCIS as a lack of moral since this is tax fraud. Say, if you somehow got through USCIS, you will likely run into problems with IRS later. 13 years is a long time, you will be charged hefty interest assuming you owe IRS tax when you amend your taxes, but that is something you should do before things get even worse. I once forgot to include one of my W-2's and it was around $15 for the 6 months period given that the money I owed IRS after amendment was only around $200 something. Go do the math and save the money to do it sooner than later before more interest is accrued.

Edited by huy_le

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The answer stays the same. You've already hijacked another person's thread and had your question answered.


In order to file as head of household when married, the two of you are either legally separated or living apart.

How are you going to reconcile that?

Amend and pay your taxes.

Edited by aaron2020

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we been married for 13 years and we filed together before.. but in 2012 2013 2014 she filed single only 3 years not 13 years

Okay, you've got three years from the original filing deadline to amend a tax return. For example, April 15, 2015 is the deadline for amending a 2011 tax return. Therefore, you are within the window to amend tax returns for the years you noted above (2012, 2013, 2014).

You will need to amend those tax returns to avoid issues with the IRS. If you amend as MFJ, then I would be surprised if you owed any additional tax; you may find yourself gaining a refund. If so, then there will be no penalties due and likely the IRS will never question it. If you do realize an additional tax liability, then you'll need to pay it as well as penalties and interest accumulated from the original due date. If you owe a lot, then you could work out a payment plan with the IRS. However, amending MFJ from HOH/S is most likely going to put money in your pocket.

If you've got your paperwork together, forms and instructions from previous tax years are available at the IRS website and you could have this sorted out in a month or so.

Get this done before you proceed with naturalization.

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Amend your tax returns now, and when you go to interview next week, show that you have filed amended tax returns.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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