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Wife Claimed me as Nephew in Tax

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I'm in a dilemma.My removal of condition is in few months and I'm trying to gather all required docs.Last year I gave my wife my W2 when she wanted to file tax.With the trust that she did the right thing,I didn't ask for a copy.

 

Fast forward to now,I asked for a copy and to my disbelief,she filed single in the tax and claimed me as her  nephew.The reason been that,she could get more money.

 

Is this rectifiable.I'm more than stunned to see,that she would go to this extent all for refund.

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3 minutes ago, aleful said:

hi

 

yes you must amend your taxes immediately, you can fix it,  you probably will need to return some money, so don't spend it all if you get it

 

 

She has all the money to herself.

Do I go to another tax filer or tax office

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Best to get the help of a good CPA.


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Posted (edited)

More a tax issue than immigration. 

 

Common tactic to get more money....where people single and claim a dependent.

 

If you file your taxes correctly, she likely will get audited. You will not be penalized.

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Did you have any income? Have you spoken to her about this? Technically it is her return and not a joint return so she will have to be the one who files to amend it. The only thing you can do is file a sole tax return in your name and IRS will see there was already a return done listing your info as a dependent. This will open a huge can of worms with IRS. Its much better for her to file an amended return- changing from single to joint-  then for you to report this to IRS or cause them to investigate by filing your own return.  

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I would check what she did the other years also! 


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She should amend her taxes (and she/you should double-check how she filed during the previous years of your marriage as well, just in case).


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Posted (edited)

She's going to have to amend it.

She can't file as single as a married person, she can either file married-jointly with you, or married-single without your tax info, but she can't just file single, because she's not single. Not to mention that you are marked as a nephew. yikes.

As @Paul & Mary said, I would make sure that any other joint like things you have with her are good and not fudged.

Edited by Ash.1101

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*** Moving from Removing Conditions on Residency General Discussion  to "Tax & Finances During US Immigration" ***


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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If you were married and you never saw your taxes (couples file together) and you don’t have commingled funds (she kept the funds for herself) you’re looking at being asked questions.

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