FILING FOR U.S CITIZENSHIP WITHOUT JOINT TAX RETURN [merged threads]

[Onuoha 0]

Hello everyone, good dayt to you all. Please, could anyone with the knowledge help me with an answer. My wife & I have been married for 4 years, we are still married & love each other but we have never filed joint tax together. We have every other documents together in our names. I want to apply for citizenship but I have this concern if I will be approved with every otherd documents we have together aside joint tax returns.

I just got approved for my 10 years GC & all the while we have never submitted tax returns before to USCIS. We submitted every other documents we have together.

Please,is there anyone with this kind of situation? Will I be approved with other documents for Citizenship aside joint tax returns? We have utilities, bank statements etc together. Thank you all.

[kzielu 1,149]

Did you file them as married filing separately ? Than no problem, I did too, got quickly approved.

[zkt101 38]

As long as your file taxes as married, you're good.

[Onuoha 0]

Unfortunately I did not. Filed as Head of Household. But, my concern now is this, IS JOINT TAX RETURN a mandatory requirement for filing for citizenship? Or can other documents be accepted because until I got approved for my 10 years GC just last week, we have NEVER submitted tax returns but we submitted every other documents & I still got approved for the removal of the condition to my initial 2 years GC?

[kzielu 1,149]

No, it is not, what is required is filing taxes and filing it according to your marital status - married either joint or separate. Not sure about HoH.

[zkt101 38]

Unfortunately I did not. Filed as Head of Household. But, my concern now is this, IS JOINT TAX RETURN a mandatory requirement for filing for citizenship? Or can other documents be accepted because until I got approved for my 10 years GC just last week, we have NEVER submitted tax returns but we submitted every other documents & I still got approved for the removal of the condition to my initial 2 years GC?

You might run into a problem with USCIS as your filing as head of household is considered unmarried or divorced or legally separated. You might want to change your tax filling status before proceeding with citizenship application to avoid future complications.

Edited June 6, 2016 by zkt101

[Dakine10 5,452]

Unfortunately I did not. Filed as Head of Household. But, my concern now is this, IS JOINT TAX RETURN a mandatory requirement for filing for citizenship? Or can other documents be accepted because until I got approved for my 10 years GC just last week, we have NEVER submitted tax returns but we submitted every other documents & I still got approved for the removal of the condition to my initial 2 years GC?

Joint tax returns are not required, however filing as head of household status requires you to be "considered unmarried" for the year you file. This can be unmarried, separated, divorced, annulment etc., but long story short, it's not a filing status that 2 married people living together can use.

Head of household is an advantageous tax status so If you filed incorrectly, you will likely owe taxes for those years. IF that is the case, you will want to take care of that before trying to naturalize.

[charmander 692]

At time of filing tax returns are not required but they may ask for it at the interview. check the 2nd pic on my entry on interview document checklist. http://www.visajourney.com/forums/topic/587671-n-400-march-2016-filers/?p=8169306

It says "though they are not required in every case, you are highly encouraged to bring several years of tax returns especially filing based on marriage..."

[Onuoha 0]

Thank you so much Dakine 10 & Charmander for your honest inputs. But, I will be glad if you could also assist me with answers to these questions below -

1. Wouldn't I rather wait & file for citizenship, say by March 2017 after I would have filed my tax & filing either "Married filing jointly" or "Married filing separately" in order not to land myself in USCIS problem?

2. Since it is advised that you go to the Naturalization Interview with at least 3 years tax returns you have filed since your marriage, IS IT ADVISABLE FOR ME TO DO TAX AMENDMENT ON MY LAST 2 YEARS TAX RETURNS, amending it from "Head of Household" to "Married filing separately"?

3. Is such amendment acceptable to USCIS under the circumstances of Naturalization Interview?

[EM_Vandaveer 2,408]

Thank you so much Dakine 10 & Charmander for your honest inputs. But, I will be glad if you could also assist me with answers to these questions below -

1. Wouldn't I rather wait & file for citizenship, say by March 2017 after I would have filed my tax & filing either "Married filing jointly" or "Married filing separately" in order not to land myself in USCIS problem?

2. Since it is advised that you go to the Naturalization Interview with at least 3 years tax returns you have filed since your marriage, IS IT ADVISABLE FOR ME TO DO TAX AMENDMENT ON MY LAST 2 YEARS TAX RETURNS, amending it from "Head of Household" to "Married filing separately"?

3. Is such amendment acceptable to USCIS under the circumstances of Naturalization Interview?

You should amend all tax returns that were filed HoH to either MFS or MFJ.

[Dakine10 5,452]

Thank you so much Dakine 10 & Charmander for your honest inputs. But, I will be glad if you could also assist me with answers to these questions below -

1. Wouldn't I rather wait & file for citizenship, say by March 2017 after I would have filed my tax & filing either "Married filing jointly" or "Married filing separately" in order not to land myself in USCIS problem?

2. Since it is advised that you go to the Naturalization Interview with at least 3 years tax returns you have filed since your marriage, IS IT ADVISABLE FOR ME TO DO TAX AMENDMENT ON MY LAST 2 YEARS TAX RETURNS, amending it from "Head of Household" to "Married filing separately"?

3. Is such amendment acceptable to USCIS under the circumstances of Naturalization Interview?

To avoid issues with USCIS, you would need to amend any incorrectly filed tax returns and, IF there is any balance due, make payment arrangements with the IRS. Owing taxes is discretionary grounds for denial of your application, however they generally exercise favorable discretion if you are current on a payment plan and have filed correctly. Amending an incorrectly filed tax return will correct the status.

[Onuoha 0]

Please, I wish to know if AN AMENDED 3 YEARS TAX RETURNS from "Single & Head of Household" to "MARRIED FILING JOINTLY OR MARRIED FILING SEPARATELY" is acceptable for Naturalization processes? I have just been approved for my 10 years GC & my wife & I are living happily, but since we married we have never filed taxes together. I have filed twice as "SINGLE" & filed the last 2015 tax as "HEAD OF HOUSEHOLD". Now, I want to file for U.S Citizenship & I have been advised to amend all my taxes before daring into filing it. Based on this, please could you help me with answers to these questions below -

1. Wouldn't I rather wait & file for citizenship, say by March 2017 after I would have filed my tax & filing either "Married filing jointly" or "Married filing separately" in order not to land myself in USCIS problem?

2. Since it is advised that you go to the Naturalization Interview with at least 3 years tax returns you have filed since your marriage, IS IT ADVISABLE FOR ME TO DO TAX AMENDMENT ON MY LAST 2 YEARS TAX RETURNS, amending it from "Head of Household" to "Married filing separately"?

3. Is such amendment acceptable to USCIS under the circumstances of Naturalization Interview?

4. Won't they dictate that I have just amended the tax returns recently "TO SUITE" my naturalization processes & as such, DISAPPROVE my N400?

Please, kindly assist me in answers to the above questions before I make a capital mistake that will jeopardize my interest, thank you all.

[zkt101 38]

You should have filed the tax returned as married since you're married. Changing your tax record is the right thing to do. If you keep the tax record as it is, you might have run into problems with USCIS when it comes time for N-400 filling under marriage rule.

[Dakine10 5,452]

Please, I wish to know if AN AMENDED 3 YEARS TAX RETURNS from "Single & Head of Household" to "MARRIED FILING JOINTLY OR MARRIED FILING SEPARATELY" is acceptable for Naturalization processes? I have just been approved for my 10 years GC & my wife & I are living happily, but since we married we have never filed taxes together. I have filed twice as "SINGLE" & filed the last 2015 tax as "HEAD OF HOUSEHOLD". Now, I want to file for U.S Citizenship & I have been advised to amend all my taxes before daring into filing it. Based on this, please could you help me with answers to these questions below -

1. Wouldn't I rather wait & file for citizenship, say by March 2017 after I would have filed my tax & filing either "Married filing jointly" or "Married filing separately" in order not to land myself in USCIS problem?

2. Since it is advised that you go to the Naturalization Interview with at least 3 years tax returns you have filed since your marriage, IS IT ADVISABLE FOR ME TO DO TAX AMENDMENT ON MY LAST 2 YEARS TAX RETURNS, amending it from "Head of Household" to "Married filing separately"?

3. Is such amendment acceptable to USCIS under the circumstances of Naturalization Interview?

4. Won't they dictate that I have just amended the tax returns recently "TO SUITE" my naturalization processes & as such, DISAPPROVE my N400?

Please, kindly assist me in answers to the above questions before I make a capital mistake that will jeopardize my interest, thank you all.

1. It doesn't matter whether you wait or not, you have to fix the tax returns. The issue you face is not if USCIS asks for the returns. It's what happens when the IRS find's out.

2. You said you filed incorrectly 3 times. You should amend all those returns. You only have 3 years to file an amended return.

3. As I said previously, your amended tax return is acceptable to USCIS.

4. No one knows what USCIS will determine. Once you file amended returns, the next question is how much additional taxes you owe. Once you pay that amount or agree to a payment plan with the IRS and remain current, USCIS generally exercises favorable discretion as long as there are no other issues.

When USCIS has to make a decision that is discretionary, no one can guarantee what that decision will be. As far as determining moral character, voluntarily correcting your tax mistakes is going to look a lot better than having the IRS discover your mistakes and force you to do it.

[Onuoha 0]

Hmmmm...Dakine 10, I must confess that I appreciate you big time. Your submissions are so coherent & consistent. Your points are very clear & reasonable. Thank you so much my dear. I will do just that. I shall fix/amend all 3 years tax returns (2013, 2014 & 2015) from Single/Head of Household statuses to "MARRIED FILING SEPARATELY".

Thereafter, I shall know if I owe IRS anything & if I do, I shall pay the much I can & go into payment plan with them for any outstanding. I am grateful my dear. God bless you.