Tax Filing Status question...

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barry4me

Registered Users (C)
I applied for Naturalization based on three years of marriage and three years of GC.

In 2006, with advice from H&R Block, I filed taxes MFS ( Hubby owes back child support). They didn't tell me I could file an injured spouse form..n I wasn't familiar with taxes enough to research it....anyways...

When applying based on three years marriage, will USCIS ask me to ammend the tax return for 2006 to MFJ or will they accept it as MFS????


p.s: Off topic- how do I edit my signature??
 
barry4me said:
I applied for Naturalization based on three years of marriage and three years of GC.

In 2006, with advice from H&R Block, I filed taxes MFS ( Hubby owes back child support). They didn't tell me I could file an injured spouse form..n I wasn't familiar with taxes enough to research it....anyways...

When applying based on three years marriage, will USCIS ask me to ammend the tax return for 2006 to MFJ or will they accept it as MFS????


p.s: Off topic- how do I edit my signature??
Click to expand...

Does the fact that your husband owing your child support indicate a marriiage problem that will catch USCIS attention?
 
No, we don't have any problem because of his child support....I love his son as my own and I don't let such issues corrupt our marriage....

My question is, is a MFJ tax return a criteria for people filing under the 3 years marriage waiver in the eyes of USCIS?? Is MFJ something they look at to determine if a marriage is legitimate or not.

Just trying to cover all bases here before the interview....
 
barry4me said:
No, we don't have any problem because of his child support....I love his son as my own and I don't let such issues corrupt our marriage....
Click to expand...

Sorry I got wrong. I thought your husband owed you child support rather than his former spouse
 
barry4me said:
My question is, is a MFJ tax return a criteria for people filing under the 3 years marriage waiver in the eyes of USCIS?? Is MFJ something they look at to determine if a marriage is legitimate or not.
Click to expand...
Whilst it might make them think and ask some questions, I can't see how they can require you to file one way and not another when both ways are perfectly acceptable under tax law.
 
WBH said:
Sorry I got wrong. I thought your husband owed you child support rather than his former spouse
Click to expand...

No worries...:D

Hubby owes child support to his ex girlfriend from college days. They were never married. But she didn't tell him that she had his child, we found out when the son was already 6 years old that he was my husband's son. Big shock to us all....lots of emotional turmoil, etc, etc......but we're still here and hope to be for a long long time.....if anything it's made us stronger....
 
MFS is absolutely legal.
The only important thing is that you file as married. Then it's your choice to file jointly or separate.
It depends on your tax liability, income level, combined income level, deductions.
I filed jointly in 2006 and 2007, but this year I filed as separate and I saved some $5000 in taxes.
It is our right to choose to file either way.
Just don't file as single (it wouldn't make any sense financially, anyways).
 
USCIS only looking for taxes, bank statements and others as a prove of your marriage still exist and in good faith. They are not going to audit your taxes. whatever you filed, they don't care but just make sure you don't owe IRS money.
 
I agree with bestpal - your IRS tax filing status is completely irrelevant to USCIS.

As long as you have filed your taxes in any status and have paid them, and can answer truthfully that you have filed and paid your taxes during your time in the USA, there should be no issue on this topic for the USCIS.

The only issue is where the N-400 specifically asks you if you ever claimed to the IRS that you were a Non-Resident of the USA during any tax year. If you did so, that will invalidate your claim for naturalization on the grounds of not establishing continuous physical presence in the USA.
 
I also applied for Naturalization based on three years of marriage and three years of GC.And me and my hubby did not file taxes jointly EVER because of his student loans.When we went to the interview for green card they told us that is not a problem we just have to have proof and we did have letter from student loans department.I just want to tell you that you have to have some proof and they will 99% ask you for taxes for the last 3 years.AND NOW I HAVE INTERVIEW FOR CITIZENSHIP IN ONE MONTH.
 
MFJ or MFS does not make any difference, as long as you declared your spuse information on your tax returns. They know and understand that every one's situation is unique and MFJ makes sense for some, and MFS makes sense for others.
If the IO was to ever question your MFS...you say...you did that on advice from your tax professional.
In my case, my wife is self employed and MFS allows us to pay less taxes.
 
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