Tax issues on Naturalization process

L

laybu

New Member
I got a green card through my husband on April 2010. I was working in my home country till August 2016. I was traveling back and forth once a year to sustain my status but finally moved to US (permanently) on December 2016. I became eligible on April 2018 and applied for naturalization right away (submission of N400).

I recently found out that my husband had filed taxes jointly showing me as his dependent and my income was being shown as zero during those years when I was working in my home country because he assumed I was paying taxes in another country already.

Please tell me what would be the consequences of this in my naturalization process and if there is any, how can I rectify this unintentional mistake and avoid denial of citizenship?

Thank you.
 
laybu said:
I got a green card through my husband on April 2010. I was working in my home country till August 2016. I was traveling back and forth once a year to sustain my status but finally moved to US (permanently) on December 2016. I became eligible on April 2018 and applied for naturalization right away (submission of N400).

I recently found out that my husband had filed taxes jointly showing me as his dependent and my income was being shown as zero during those years when I was working in my home country because he assumed I was paying taxes in another country already.

Please tell me what would be the consequences of this in my naturalization process and if there is any, how can I rectify this unintentional mistake and avoid denial of citizenship?

Thank you.
Click to expand...

Failure to pay required taxes can can result in a denial.
File amended tax returns for the years in question and include your income. Pay what ever taxes is owed if any. Before your interview


Do you meet residency requirements? Seeing that your clock started in December 2016.
 
Jbuff said:
Failure to pay required taxes can can result in a denial.
File amended tax returns for the years in question and include your income. Pay what ever taxes is owed if any. Before your interview


Do you meet residency requirements? Seeing that your clock started in December 2016.
Click to expand...
Thanks for the answer.
Yes I meet the residency requirement. I was in the US for over a month from June to July 2016 and returned in December 1. I stayed a little over 18 months in total without a break of more than 6 months when I applied.
 
You definitely need to amend your tax returns. Did you know your husband was filing claiming you as dependent? Did you not realize filing returns on worldwide is a requirement of being a green card holder, as clearly outlined in all the “welcome to the USA” etc documentation you get with your green card?

Incidentally I’m not sure you will meet the requirements for married naturalization. While you do meet the minimum 18 months physical presence, my understanding is that you also need to have been actually living together (“living in marital union”, not just “legally married”) for 3 years before you file. It doesn’t sound like you did that. Possibly my understanding is wrong but I have heard many people talk about this requirement in respect of spouses who have lived apart part of the time.
 
I'd consult with a qualified immigration attorney versed in tax laws, this appears beyond the scope of a DIY public forum.
 
And if SusieQQQ is correct, if you’ve applied without even being qualified, you should withdraw your application asap and reapply after consulting with an immigration as well as a tax defense attorney. There is no penalty or predujice for withdrawal.
 
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