charroaustin
New Member
Greetings everyone,
I have a question regarding my tax returns, but first I will explain my case.
I got married back in January of 06 and applied for AOS in October of the same year. Even though I was married and had my first boy in June of 06 I filed my 2007 tax return as single with no dependants (1040EZ) so my mother in law could claim my wife and my boy as her dependants to get a better refund since she was on a very fixed income. On my interview in April of 07 the IO asked me why I didn’t claim them on my tax return and I told him the same thing and he just said ok and kept digging trough the paperwork.
On 2008 and 2009 I too filed as single with no dependants.
I submitted my I-751 along with the required evidence (I didn’t submit my tax returns though) in January of 09. In June I received an RFE and I submitted more evidence (still didn’t send my tax returns). It got approved and I just received my 10 yr GC.
My mother in law passed away in May so on my next tax return I will be claiming my wife and kid as my dependants.
Do you think that is going to cause me any problems when I apply for citizenship based on the 3 yr rule? Should I wait 2 more years and apply on the 5 yr rule instead? Do I keep my LPR status if application gets denied?
I read on another post that filing MFJ or MFS makes no difference as long as you declare your spouse information on your return, but on form 1040EZ you cannot even specify if you’re married, you either file single with no dependants or jointly with no dependants.
Any advice will be highly appreciated.
Thanks
I have a question regarding my tax returns, but first I will explain my case.
I got married back in January of 06 and applied for AOS in October of the same year. Even though I was married and had my first boy in June of 06 I filed my 2007 tax return as single with no dependants (1040EZ) so my mother in law could claim my wife and my boy as her dependants to get a better refund since she was on a very fixed income. On my interview in April of 07 the IO asked me why I didn’t claim them on my tax return and I told him the same thing and he just said ok and kept digging trough the paperwork.
On 2008 and 2009 I too filed as single with no dependants.
I submitted my I-751 along with the required evidence (I didn’t submit my tax returns though) in January of 09. In June I received an RFE and I submitted more evidence (still didn’t send my tax returns). It got approved and I just received my 10 yr GC.
My mother in law passed away in May so on my next tax return I will be claiming my wife and kid as my dependants.
Do you think that is going to cause me any problems when I apply for citizenship based on the 3 yr rule? Should I wait 2 more years and apply on the 5 yr rule instead? Do I keep my LPR status if application gets denied?
I read on another post that filing MFJ or MFS makes no difference as long as you declare your spouse information on your return, but on form 1040EZ you cannot even specify if you’re married, you either file single with no dependants or jointly with no dependants.
Any advice will be highly appreciated.
Thanks