Claimed wife on my Tax documents, latest entry stamp missing

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N400_newbie

Registered Users (C)
Claimed wife for Tax wife never in US also, latest entry stamp missing

I am an LPR since Jan 2002, applied for N400 in Nov 2006 now i have interview in two weeks. I also got married in 2005 and my wife never been to US. My accountant filed my taxes in as married filing jointly with W7 and got the ITIN number. Yesterday when I saw my lawyer he said I can't do this you have to file an ammendment. I have only two weeks left for the interview.
I also checked "No" in N400 application in the line where it was asked "did you owe any thing to IRS" that since I wasn't aware of at that time. what should I do now. If i file an ammendment then I will not have any evidence of a settlement at the time of interview. Is this going to be an issue.
I live in detroit area, also I went to see my wife in july thru toronto and at the border the US immigration didn't stamp my passport for the entry. Even after my instistance they said we don't stamp passport of LPR. Is that going to cause any trouble for me. Since this is the only time I arrive to US from an overseas trip thru canada.

Please help

________________________
PD: Nov 2nd 2006
1FP: Nov 2006
2FP: Sep 2008
ID: Nov 5th 2008
 
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Check with your accountant if there any IRS provisions that allowed you to file as 'married jointly'. I think you should have files as 'married separately' since your wife was never a resident in the US.
If your acccountant admits to having filed by mistake, file an amended return 1040-X and pay amount owed before the interview. Take copies of the amended returns and proof of payment to the interview.
 
No Big Deal

N400_newbie,

Don't stress about the way you filed your taxes. This is not an issue at all. Just relax abd chill out. The IO who does your citizenship interview is not there to check how you filed your taxes. Did you check yes for married or yes for single or head of household so on and so forth. The IO may not even aks you about taxes. If the IO asks you if you filed your taxes this year, the answer to that questions is "Yes". You don't have to go in unecessary details if your accountant made a mistake. Just answer to the point and the IO is only concerned if you have been a responsible resident and filed your taxes on time.
I will now give you my example. I have been married for over 4 yrs but on the tax papers when filing my return I have always claimed myself as "head of household". My wife's name is not mentioned at all in any of my tax returns. The IO did ask for our last years tax returns on the day of our interview last month. He just took a quick look and did not say a word or made any comment about my wife's name missing on the paperwork.
 
Atlanta_Brother said:
N400_newbie,

Don't stress about the way you filed your taxes. This is not an issue at all. Just relax abd chill out. The IO who does your citizenship interview is not there to check how you filed your taxes. Did you check yes for married or yes for single or head of household so on and so forth. The IO may not even aks you about taxes. If the IO asks you if you filed your taxes this year, the answer to that questions is "Yes". You don't have to go in unecessary details if your accountant made a mistake. Just answer to the point and the IO is only concerned if you have been a responsible resident and filed your taxes on time.
I will now give you my example. I have been married for over 4 yrs but on the tax papers when filing my return I have always claimed myself as "head of household". My wife's name is not mentioned at all in any of my tax returns. The IO did ask for our last years tax returns on the day of our interview last month. He just took a quick look and did not say a word or made any comment about my wife's name missing on the paperwork.
Click to expand...

Please read the article in the link and make your own decisions. I understand that the IOs handling naturalization inerview may compare the family information in the application with the tax returns. In the case of OP the current address of his wife would indicate that she is a non-resident which conflicts with filing status of his tax returns. So the IO may question him on this. This is why I suggested that he files amended return and carries evidence to the interview.


http://www.murthy.com/news/n_marfam.html

/**
We would also note similar difficulties when a tax filer claims to be a "head of household" while married. This category has a specific meaning in terms of the state of the marriage, that may conflict with claims made in a marriage-based case. The USCIS is mindful of the meaning of this filing status, and it creates significant problems if a couple is seeking a marriage-based immigration benefit while filing taxes in a manner that may conflict. Again, not understanding certain terms on the forms is not an excuse for checking off the wrong box.

Tax issues such as these arise in nonimmigrant, green card, and naturalization cases. Improper tax filings call into question the bona fide nature of a marriage, the ongoing marital union of the parties, and give rise to possible matters of noncompliance and/or underpayment of taxes. Noncompliance with the U.S. tax laws can result in significant financial and legal penalties, in addition to immigration problems. It is, therefore, critical that all tax returns and other documents correctly reflect one's marital status. This is important not only to safeguard one's immigration case, but also to prevent potential trouble with the Internal Revenue Service (IRS).

One who is unsure which tax filing status should be indicated is advised to consult with a qualified tax professional. We emphasize the need for qualified, reputable tax advice, as there are unscrupulous tax preparers who seek to prey on the immigrant population. We also emphasize the need to properly and accurately respond to any questions from the tax professional. One should ask her/him for clarification if unsure of the proper response.
**/
 
I asked a professional CPA who handling tax related issues for more than 10+years. I am Ok with what I file and I don't have to file the ammendment and antoher guy who is International HR Consultant GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee agree with the expert.
 
N400_newbie said:
I asked a professional CPA who handling tax related issues for more than 10+years. I am Ok with what I file and I don't have to file the ammendment and antoher guy who is International HR Consultant GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee agree with the expert.
Click to expand...

There is a provision whereby non-resident alien spouse can be treated as a resident for filing status. Please see chapter 1 of Publication 519 as per link. Both of you need to submit a signed statement with the joint-tax return.

http://www.irs.gov/pub/irs-pdf/p519.pdf

From Publication 501 - Main Contents:

Nonresident alien or dual-status alien. A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.
 
N400_newbie said:
I asked a professional CPA who handling tax related issues for more than 10+years. I am Ok with what I file and I don't have to file the ammendment and antoher guy who is International HR Consultant GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee agree with the expert.
Click to expand...

To file a jount return requires spouse's signature on the 1040. Did you have your wife sign the 1040? Also the 1040 require your spouse's SSN (or tax ID) for the joint return. Since your spouse was not in US, how did she get the number? If your spouse signed the 1040 with SSN/Tax ID, then I guess you should be fine. (Living together seems not a requirement for filing jointly, according to IRS Publication 17.)

However, incomplete filing may be viewed as fradulent by the immigration agency, who doesn't like it at all. Just be very cautious. Good luck and wish you unite with your spouse soon.
 
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