Taxes

[Lelita 74]

Hello

I just sent my application for naturalization last week based on the 5 years rule.

my husband and I made the mistake of filling last 2 years as head of house hold.

will that be a problem for my naturalization process? 

 

Thank you

[Redheadguy03 505]

14 minutes ago, Lela37 said:

Hello

I just sent my application for naturalization last week based on the 5 years rule.

my husband and I made the mistake of filling last 2 years as head of house hold.

will that be a problem for my naturalization process? 

 

Thank you

Why would that be an issue? Is your husband head of household or not? 

[Lelita 74]

I'm sorry I meant we filed separate as head of house hold

and reading here I see we are suppose to filed eather MFS or MFJ

do we need to amend our taxes for the last 2 years?

[charmander 692]

Yes you would need to amend your taxes. Take a look at this VJers experience with this:

 

 

[geowrian 22,339]

27 minutes ago, Lela37 said:

I'm sorry I meant we filed separate as head of house hold

and reading here I see we are suppose to filed eather MFS or MFJ

do we need to amend our taxes for the last 2 years?

Yes, you are required to file as MFJ or MFS. The question is if this is just an IRS issue or if USCIS will care. Either way they should be amended.

 

I don't have a direct answer if USCIS will care, sorry. They will look at the tax returns. If it looks like you are not fulfilling your duties with your taxes (mistakes are allowed), then they can use that as a cause for denial based on the good moral character requirement. I don't think that would happen, but since you need to amend your returns anyway, I'd say just do it and not have to worry.

 

25 minutes ago, charmander said:

Yes you would need to amend your taxes. Take a look at this VJers experience with this:

That was based on the 3 year rule. OP is filing based on the 5 year rule. Supposedly (according to that thread), it wouldn't have been an issue for the 5 year rule. I'm not sure if that's actually the case or not, but the outright denial was with the 3 year basis for filing.

[Lelita 74]

Thank you guys for ur response

that is why I'm very confused cause I'm filing under the 5 years rule

but I think for our own sake just to admend our taxes

 

[Stevephoto 230]

9 hours ago, geowrian said:

Yes, you are required to file as MFJ or MFS. The question is if this is just an IRS issue or if USCIS will care. Either way they should be amended.

 

I don't have a direct answer if USCIS will care, sorry. They will look at the tax returns. If it looks like you are not fulfilling your duties with your taxes (mistakes are allowed), then they can use that as a cause for denial based on the good moral character requirement. I don't think that would happen, but since you need to amend your returns anyway, I'd say just do it and not have to worry.

 

That was based on the 3 year rule. OP is filing based on the 5 year rule. Supposedly (according to that thread), it wouldn't have been an issue for the 5 year rule. I'm not sure if that's actually the case or not, but the outright denial was with the 3 year basis for filing.

^This^ The 5 year rule nothing to do with your husband as long as you send returns/transcript for your taxes over the five years. From what I have read here, the interviewer might still ask questions about your marriage, but the application is based on you, not your marriage. Good luck. 

[Lelita 74]

10 hours ago, Stevephoto said:

^This^ The 5 year rule nothing to do with your husband as long as you send returns/transcript for your taxes over the five years. From what I have read here, the interviewer might still ask questions about your marriage, but the application is based on you, not your marriage. Good luck. 

Thank you for your response, 

that means I'll be ok for my interview with my taxes as head of house hold?

 

[charmander 692]

50 minutes ago, Lela37 said:

Thank you for your response, 

that means I'll be ok for my interview with my taxes as head of house hold?

 

Here are the two questions you should ask to a tax expert;

1) Is filing as head of household (while you are not) considered a tax fraud?

2) Did filing as head of household bring you any benefit (in this context extra refund) you were not entitled to?

 

If the answers are YES, then USCIS could very well deny your naturalization application on lack of good moral character. They wouldn't care if you were a 3 or 5 year applicant if you committed a fraudulent activity. From what I saw on this forum it is not that hard to amend taxes; doesn't take much time; so why risk your naturalization for a few more bucks refunded to you? Chances are they won't even ask you for your returns since you are a 5 year applicant, but if they do; you would show the corrected versions of your returns.

[Jojo92122 1,925]

It's tax fraud to claim a tax filing status that you are not entitled to make.  

 

Filing as HOH got them a bigger refund than filing jointly.  

 

This type of fraud is common. 

[geowrian 22,339]

1 minute ago, Jojo92122 said:

It's tax fraud to claim a tax filing status that you are not entitled to make.  

 

Filing as HOH got them a bigger refund than filing jointly.  

 

This type of fraud is common. 

It's only fraud if done knowingly (not as a mistake). But personally I think it's a tough sell to USCIS that somebody didn't know to file as MFJ/MFS. As you said, it's a common fraud technique.

 

OP needs to amend taxes either way.

 

[Lelita 74]

26 minutes ago, geowrian said:

It's only fraud if done knowingly (not as a mistake). But personally I think it's a tough sell to USCIS that somebody didn't know to file as MFJ/MFS. As you said, it's a common fraud technique.

 

OP needs to amend taxes either way.

 

Thank you and yes we will amend our taxes

for the last 2 years, 

that way I will be prepared for the interview

 

[Stevephoto 230]

Sorry everyone, I misread the original post too. I thought she said her husband filed as head of house, I did not realize they both filed as head of household. Time to amend the taxes. Good luck.

[Lelita 74]

An update

 we just amended our taxes gonna put it in the mail today.

peoblem solved!

thank u guys for ur advise