Desperately seeking advice :(

[Erikbeko 0]

Hello dear VJ Community! We are in the middle of our CR1 journey, but we are facing problems now.

My husband upon returning to the US, find out that he was claimed in his relatives Tax returns as a dependent, but this is obviously illegal, because he wasn't living with them in the US, so now we are afraid that during the I-130 backround checks or later during AOS part, it will come up and they may face jail??

What can we do now??

Sorry for bad English :/

[Anitafeliz 1,133]

You cannot be claimed with out a social security number. So how is this possible if he was never in the US?

From what im reading theres more to this.

And if he was claimend as a dependant how is he the one to go to jail if anyone would go to jail it would be the person who claimed him.

I mean i can be wrong. But for my childs dad to claim her he needed her birth record and ss# before it wasnt like that but so much fraud is done with this IRS is making it hard for people to claim children as dependants.

Edited July 3, 2016 by Anitafeliz

[Penguin_ie 6,002]

I don't think it will affect him, unless he signed anything. it may affect the person who claimed him.

That being said, adults CAN be claimed as dependents if the person claiming him financially supported him while he was abroad.

[Unlockable 7,322]

Sounds like the OP is concerned about her husbands relatives also.

OP, you SHOULD be ok. And I'm only saying should for now because if it is a case of identity fraud then there may be bigger problems.

His relatives will likely get audited by the IRS and would get fined and have to reimburse any money gained by claiming your husband.

[Anitafeliz 1,133]

Sounds like the OP is concerned about her husbands relatives also.

OP, you SHOULD be ok. And I'm only saying should for now because if it is a case of identity fraud then there may be bigger problems.

His relatives will likely get audited by the IRS and would get fined and have to reimburse any money gained by claiming your husband.

Plus interest IRS DONT PLAY with their money

[Unlockable 7,322]

Plus interest IRS DONT PLAY with their money

Trust me, I know.

[Erikbeko 0]

My husband IS a US Citizen and he lived there for a long time. And the only problem is that he wasn't living with his family in the US but been claimed in their taxes at that time. HOwever he WAS supported by his family. So will they check all that stuff during the CR1 visa process?

And yes, of course we are concerned about my husbands family. Should we hire a lawyer, or just by stopping claiming him he will be OK?

[Anitafeliz 1,133]

Trust me, I know.

They get you man its not even worth it they give you a dollar take back two...

[dwheels76 5,486]

Hello dear VJ Community! We are in the middle of our CR1 journey, but we are facing problems now.

My husband upon returning to the US, find out that he was claimed in his relatives Tax returns as a dependent, but this is obviously illegal, because he wasn't living with them in the US, so now we are afraid that during the I-130 backround checks or later during AOS part, it will come up and they may face jail??

What can we do now??

Sorry for bad English :/

He should call IRS and report identify fraud and give over all information he can. File his income tax like normal. Background checks don't check peoples tax filings.

Jail and all that is highly unlikely unless you are talking millions owed and such. I had identify fraud done on me and my tax returns its a mess to clean up but I file every year like normal mine happened 3 years ago.

I sure wouldn't worry about it. It's fine.

[LionessDeon 2,061]

Not sure what a lawyer would do.

You don't have to live with someone to be claimed as a dependent on taxes by them. If they were supporting him then he was their dependent.

[arken 4,201]

Hello dear VJ Community! We are in the middle of our CR1 journey, but we are facing problems now.

My husband upon returning to the US, find out that he was claimed in his relatives Tax returns as a dependent, but this is obviously illegal, because he wasn't living with them in the US, so now we are afraid that during the I-130 backround checks or later during AOS part, it will come up and they may face jail??

What can we do now??

Sorry for bad English :/

My husband IS a US Citizen and he lived there for a long time. And the only problem is that he wasn't living with his family in the US but been claimed in their taxes at that time. HOwever he WAS supported by his family. So will they check all that stuff during the CR1 visa process?

And yes, of course we are concerned about my husbands family. Should we hire a lawyer, or just by stopping claiming him he will be OK?

Your first post says about some relatives and your second post says his family. Are you saying his family claimed him as dependent on their tax returns? If so, nothing is illegal here. Since he was supported by his family, they have right to claim him as their dependent on their tax returns. There will be a problem only if he was also filing his own return and he claimed himself as an exemption which is not allowed if his family claimed him as their dependent.

[Erikbeko 0]

Your first post says about some relatives and your second post says his family. Are you saying his family claimed him as dependent on their tax returns? If so, nothing is illegal here. Since he was supported by his family, they have right to claim him as their dependent on their tax returns. There will be a problem only if he was also filing his own return and he claimed himself as an exemption which is not allowed if his family claimed him as their dependent.

Thank you for your response. We researched a little bit, and it's said that you must live with a person you claimed you in Taxes for at least 51% of the year, but my husband lived in another country for 10+ years, occasionally visiting US, and now hes returned for good.

And what if he was receiving medical benefits like Medical and Insurance under his family members name without living in the States, would that mean their in trouble? Of course he will stop that now, but we are concerned about USCIS finding this out. Will they audit all his family members taxes to see if he was in the other ones? Will they check only the last 3 years or will they check before that too?

[dwheels76 5,486]

Thank you for your response. We researched a little bit, and it's said that you must live with a person you claimed you in Taxes for at least 51% of the year, but my husband lived in another country for 10+ years, occasionally visiting US, and now hes returned for good.

And what if he was receiving medical benefits like Medical and Insurance under his family members name without living in the States, would that mean their in trouble? Of course he will stop that now, but we are concerned about USCIS finding this out. Will they audit all his family members taxes to see if he was in the other ones? Will they check only the last 3 years or will they check before that too?

No they aren't going to audit them or investigate your husbands income taxes. Considering your husband has been out of country the last 3 years he has no income tax filed or did he file his foreign income?

Anyway, No to your answer. But he should call and report it and tell his family they need to amend their taxes immediately.

You really are worrying about nothing. NVC and the embassy only cares that the petitioner and or joint sponsor meet the poverty guidelines.

Edited July 3, 2016 by dwheels76

[Erikbeko 0]

No they aren't going to audit them r investigate your husbands income taxes. Considering our husband has been out of country the lasr 3 years he has no income tax filed or did he file his foreign income. Anyway No to your answer but he should call and report it and tell his family then need to amend their taxes immediately.

You really are worrying about nothing. NVC and the embassy only cares that the petitioner and or joint sponsor meet the poverty guidelines.

No wasn't filing any taxes, because his salary abroad was FAR less than the minimum. Thank you for your answer.

[Rc123rc 528]

I think there is a lot of confusion here. This is what I think is happening.

1) Husband and wife both living out of United States.

2) Husband is US Citizen and when he went back to the United States found out he was claimed as a dependent on his parents tax returns,

3) There is a concern that the parents committed tax fraud.

The answer is simple. Find out if your husband meets the criteria for being a dependent.

https://www.irs.gov/publications/p501/ar02.html#en_US_publink1000220868

If he does, then no worries. But I'm not sure if he does or not. He's not a full time student or under the age of 24 is he?

As far as the parents' tax returns go, this has no effect on you unless they are a co-sponsor to your visa application. If they wrongfully claimed your husband as a dependent then they need to file amended returns ASAP and pay the amount owed plus and any interest of penalties. Don't worry, there is no jail involved. Once they clear the tax return problem up then they are ok, to show accurate information for a co-sponsorship.