HELP - Tax Fraud - how does this affect us?

[Javi&Kel 0]

Good Morning everyone, I will start off by saying that I have read the guides and did a search on the site before creating this post.

 

I am a US citizen who has been living abroad for seven years, I have been married to my Costa Rican husband for those seven years, I am currently pregnant and have a 12 year old US citizen son that only has my last name and I am the only listed in his birth certificate. My husband is his step father.

 

While living abroad I have not filed taxes since I was under the impression that if I made little to no money I was excempt from doing so, I am now kicking myself for how dumb I have been, although I think this can be remedied by filing back taxes. My husband and I have been seriously discussing filing an I130 for me to petition him and move to the US. We are aware that we need a co sponsor, considering I have not had a US job in more than seven years. I believe my father could serve as a a co sponsor however we are still considering our options.

 

I recently spoke to a CPA who specializes in Expat taxes and he assured me I could receive taxes from the past three years if I filed this year, I briefly mentioned this to a family member which prompted a call from my mother. We do not have a relationship currently for various reasons, she informed me that she has been filing taxes and claiming my son as a dependent since 2019, God knows how much money she has received by falsely and fraudentlently claiming him. Aside from being angry, I want to know if any of you have encountered something like this? I know I have to report her to the iRS but how will this affect me petiotining my husband in the near future? Any tips/advice words of encouragement are appreciated.

[JeanneAdil 6,191]

12 year old live with u or mother ?

u do not mention this?

but if he live with her,  she can claim him

and on the state tax form she has to put the school code # unless living in TN or FL where there are no state tax  returns

 

and no, if she claimed him and he did not live with her,   it should not affect your petition

[milimelo 4,191]

Nothing to do with immigration and it won’t affect you on that front.

 

May want to fix taxes - or ask your mother to stop claiming your child as dependent (the child is with you, right?). How did she even get your child’s SSN? 

[SteveInBostonI130 3,319]

Hi,

 

Have you earned any money overseas during the past 3 years?

 

There is a threshold for needing to file, and for MFS this is very small - $5.  But if you didn't earn any income then you did not need to file.

[Chancy 6,233]

*** Moved from Bringing Family of USC forum to Tax & Finances During US Immigration ***