Husband irs non filling problem

[Mille 0]

Good evening/morning, my friend has a question, she wants to register for naturalization n400, the form asks about the IRS but her husband has filled taxes with his mother (my friend's mother-in-law) for several years, while my friend filled married tax separately, this is because a tax expert recommended it so that their returns are bigger. Her husband works under the table. My friend said they only had time to fill jointly once. When downloading the tax transcript return on the IRS website, her husband's is listed as non-filling, her husband said it might be because he filled taxes with his mother. Her question is, is it safe to apply n400 in a situation like that? Or do you have any suggestions for my friend? Thank you

[Boiler 47,683]

Is this a 3 year application 

[Mille 0]

Yes

[OldUser 10,233]

1 hour ago, Mille said:

Yes

Not good

[WeekendPizzaiolo 136]

19 hours ago, Mille said:

Good evening/morning, my friend has a question, she wants to register for naturalization n400, the form asks about the IRS but her husband has filled taxes with his mother (my friend's mother-in-law) for several years, while my friend filled married tax separately, this is because a tax expert recommended it so that their returns are bigger. Her husband works under the table. My friend said they only had time to fill jointly once. When downloading the tax transcript return on the IRS website, her husband's is listed as non-filling, her husband said it might be because he filled taxes with his mother. Her question is, is it safe to apply n400 in a situation like that? Or do you have any suggestions for my friend? Thank you

 

One cannot file taxes with their mother. Their mother may declare the child as a dependent, but only if they're younger than 19 (or under full 24 as a student) or the adult child of any age is declared permanently and totally disabled. Claiming dependents is not the same as filing taxes. The only two people who can file together are spouses.

 

It's much better to file N-400 under the 3 year rule when the married couple has been filing jointly, but it's still possible if both parties filed separately, just not ideal. If her husband is listed as non-filing, this needs to be rectified before filing.

 

Not sure what you mean by "under the table"? Informal gigs are ok (e.g. car washing in people's driveways) but all income (including cash) needs to be reported with any applicable taxes paid. Some report this on Schedule C (business income).

 

 

[Mille 0]

I see, seems it’s not possible for now for her to apply citizenship, I will let her know, thank you so much. I appreciate it

[OldUser 10,233]

1 hour ago, Mille said:

I see, seems it’s not possible for now for her to apply citizenship, I will let her know, thank you so much. I appreciate it

It's possible, just may have potential issues proving marital union. In situations like this, couples often struggle with other evidence too, such as lacking joint leases, finances not being combined, issues with IDs not matching address where they actually live etc etc 

Edited 51 minutes ago by OldUser