Naturalization case, Tax return problem

[sunter.priok]

Hi
My husband was filed N-400 application for Naturalization basis on marriage with US citizen with me, he done with fingerprint and then the BCIS / Immigration office sent letter to bring tax return or copies for past three years when come an interview for Citizenship, the problem we didnt file tax together
I was filed tax return Head household and he was filed Head household to, because medical reason, should we have to cancel interview, I worry something happen with my husband
Please please ???? advice us or any body have problem like this case
Thank you
Please advice

Eva

 

[WBH]

should we have to cancel interview:

If that is the only issue, then he has nothing to lose.
If you cancel interview, then the pplication will be abandoned.
If you go, you may get approved and even if you go and get denied, that is no different than canceling the interview

 

[dms1]

To file a tax return as a Head of Household you have to be "considered unmarried" in the eyes of the IRS which includes you not living together. Therefore, if you did legitimately file in this status the USCIS will look very carefully at the validity of your marriage. Alternatively, you committed tax fraud which won't help you either.

 

[hoping in 2009]

To file a tax return as a Head of Household you have to be "considered unmarried" in the eyes of the IRS which includes you not living together. Therefore, if you did legitimately file in this status the USCIS will look very carefully at the validity of your marriage. Alternatively, you committed tax fraud which won't help you either.

This was exactly what I was going to say

 

[eltoro]

Hire an accountant, file amended tax returns, pay any tax due with the penalty and you should be fine.

 

[baikal3]

Hire an accountant, file amended tax returns, pay any tax due with the penalty and you should be fine.

Filing an amended tax return and paying the required penalties sounds like a good advice to me, regardless of the N-400 case.
However, I would go further and, if I were in such a situation myself, I would probably withdraw the N-400 application and reapply later under the 5 year rule.

Another relevant question to the OP: did your husband have a conditional green card and if yes, did he already have the conditions removed from his green card status (by getting I-751 approved)?

 

[nelsonyiga]

Best suggestion is to Withdraw application and file under the five year rule. Because when they do ask for transcripts and they have detailed info and the amendments, that's going to spark new development not good for applicant.
Marriage based on three years is not good if you have some issues. I went through issues like that even when I had my taxes done well, he still complained about the name spelt wrong on the tax returns (but he had transcripts) and he also complained about the Lottery I won saying it was gambling and I said not illegal.
So it is worth waiting and avoid consequences and file five year rule. less paperwork and less trouble. Unless otherwise.
What does everyone else think?

 

[Al Southner]

Hi
My husband was filed N-400 application for Naturalization basis on marriage with US citizen with me, he done with fingerprint and then the BCIS / Immigration office sent letter to bring tax return or copies for past three years when come an interview for Citizenship, the problem we didnt file tax together
I was filed tax return Head household and he was filed Head household to, because medical reason, should we have to cancel interview, I worry something happen with my husband
Please please ???? advice us or any body have problem like this case
Thank you
Please advice

Eva

This won't confuse you. What your husband did was wrong, you might have committed a tax fraud as well. He needs to postpone the interview, settle him tax problems and resume his application. If it is denied fine, he can file after 5 yrs, and this assume he pays his taxes on time and you stop claiming to be a head of the household or he does...

 

[Jackolantern]

Please use the Edit feature to delete the duplicate posts.

 

[dms1]

This won't confuse you. What your husband did was wrong, you might have committed a tax fraud as well. He needs to postpone the interview, settle him tax problems and resume his application. If it is denied fine, he can file after 5 yrs, and this assume he pays his taxes on time and you stop claiming to be a head of the household or he does...

It would be good if the OP would explain why they both filed as head-of-household in case there is a legitimate reason for it. She mentions "medical reason". However, even if there was some medical reason that forced them to live separately, each with dependents, according to IRS publication 501 they would still not qualify for head-of-household status because a separation due to illness is explicitly listed as not being classed as a separation for the "considered unmarried" condition.