Mom wants to file N-400, but she has filed taxes as single with no dependent for last three years. Dad in home country, no ITIN. Suggestions?

[pablo2752 106]

my family immigrated without our father. My mother got her green card as parent of US citizen (my elder sibling) in 2015 and she now wants to file N-400. She has been filing as single because we had no idea how to file MFS when our father - who lives on government assistance due to illness - is not even in the US.  I couldn't find consistent information on this until I found this thread but I m wondering if it will be different for N-400. My mom makes barely around 30 k per year and after a quick math I found that for her, she would have had more tax refund if she had filed MFS. I personally think that USCIS wouldn't care that much but what is your take on this? I know this isn't legal advice but I need some starting point because this is getting at me  while working on my own job already...and if you know any reputable CPA who are experienced in doing taxes for immigrants, I would be really grateful. 

[Timona 4,207]

I do not think you need to file MFJ with someone who does not even reside nor is a US resident.. @JeanneAdil

[JeanneAdil 6,562]

53 minutes ago, Timona said:

I do not think you need to file MFJ with someone who does not even reside nor is a US resident.. @JeanneAdil

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

follow those guidelines for the W7 form / it has changed a lot since i first did it and it is taking IRS long times now to process ALL tax returns as they just announced the following 

 

“The IRS has been understaffed for a very long time anyway, and to get the word out there, ya know, that we’re still processing paper returns from last year, they’re still trying to catch up, be patient with them, be patient with us,”

 

she can file MFJ  (2021 tax year joint deduction is $25,100)or head of household ($18,800 )  if she meets those qualifications 

 

[Wuozopo 4,293]

16 hours ago, pablo2752 said:

My mom makes barely around 30 k per year and after a quick math I found that for her, she would have had more tax refund if she had filed MFS. I personally think that USCIS wouldn't care that much but what is your take on this?

The way I read your post is that Dad never came to the US or got a greencard. Is that correct?
 

Now to your comments I quoted—

The tax rates for Single and Married Filing Separately are identical. 

I also think the USCIS will not examine how she filed. They want to know she is of good moral character as shown by fulfilling her obligation to pay her income tax. She did pay her taxes. The USCIS is not the IRS. They are not going to audit her return on how she filed or  are how much money she makes. The interviewer likely doesn’t know all the tax rules either.  If it was me, I would carry on with the tax returns she has. If by small chance, the interviewer would say, “you filed wrong”, she would have a RFE to produce amended returns. I seriously don’t think that would happen. 
 

 

[arken 4,197]

2 hours ago, Wuozopo said:

They are not going to audit her return on how she filed or  are how much money she makes. The interviewer likely doesn’t know all the tax rules either.  If it was me, I would carry on with the tax returns she has. If by small chance, the interviewer would say, “you filed wrong”, she would have a RFE to produce amended returns. I seriously don’t think that would happen. 

Agreed.

[pablo2752 106]

20 hours ago, Wuozopo said:

The way I read your post is that Dad never came to the US or got a greencard. Is that correct?
 

 

 

That would be correct. He never came here.