Wrong filing status on taxes, now applying for citizenship....

G

Gigi01

Registered Users (C)
I'm applying for citizenship based on the 5year rule , got my green card based on marriage in May 2007' removed conditions 2 years later May 2009 ....

Around February 2010 , found out my husband was having an affair he denied it until I met with the young girl he was having the affair with , after that everything went downhill....

I didn't want anything to do with him and decided to kick him out, I looked for a lawyer and to my surprise I couldn't file for divorce in the state of New York, unless if I could proof abuse or being separated for a year..... Thank God six months later they changed the law to a no- fault state so I file for divorce in October 2010 and the divorce became final March 2011...

However, while we were separated I had to do my taxes , so I told the person who prepared my taxes the situation, and I guess he told me what I wanted to hear that it was ok for me to file single since I was no longer living with my husband....
So I filed on April 2010 my 2009 taxes as SINGLE
April 2011 my 2010 taxes as SINGLE

Now I come to find out that , this might be an issue for my naturalization, I went back to a different tax preparer and he told me I don't qualify as head of the household (no dependents) and if I filed married filing sepateratly I don't qualify for the student credit and will have to pay back $3,900 and that's money I can't afford right now....

From reading on this forum on naturalization interview experiences, got mixed experiences on wether they were asked for their tax transcripts.... Should I risk the interviewer noticing the issue and then fixing it, or should I leave it alone... I've consider contacting my ex husband to amend those years but I want nothing to do with him and really want to avoid that route....

***** I only been out of the country for a total of 45 days during these 5years, and I get a w2 from work where I've been working for almost 5years****


Thank you in advance ......
 
Gigi01 said:
I'm applying for citizenship based on the 5year rule , got my green card based on marriage in May 2007' removed conditions 2 years later May 2009 ....

Around February 2010 , found out my husband was having an affair he denied it until I met with the young girl he was having the affair with , after that everything went downhill....

I didn't want anything to do with him and decided to kick him out, I looked for a lawyer and to my surprise I couldn't file for divorce in the state of New York, unless if I could proof abuse or being separated for a year..... Thank God six months later they changed the law to a no- fault state so I file for divorce in October 2010 and the divorce became final March 2011...

However, while we were separated I had to do my taxes , so I told the person who prepared my taxes the situation, and I guess he told me what I wanted to hear that it was ok for me to file single since I was no longer living with my husband....
So I filed on April 2010 my 2009 taxes as SINGLE
April 2011 my 2010 taxes as SINGLE

Now I come to find out that , this might be an issue for my naturalization, I went back to a different tax preparer and he told me I don't qualify as head of the household (no dependents) and if I filed married filing sepateratly I don't qualify for the student credit and will have to pay back $3,900 and that's money I can't afford right now....

From reading on this forum on naturalization interview experiences, got mixed experiences on wether they were asked for their tax transcripts.... Should I risk the interviewer noticing the issue and then fixing it, or should I leave it alone... I've consider contacting my ex husband to amend those years but I want nothing to do with him and really want to avoid that route....

***** I only been out of the country for a total of 45 days during these 5years, and I get a w2 from work where I've been working for almost 5years****


Thank you in advance ......
Click to expand...

If the IRS has not bothered with you, it should not come up in the N-400 process.
 
Since you are applying for naturalization based on the 5 year rule, I would think you would be fine. Tax transcripts only come into play as a documentation option when you are applying for naturalization on the basis of marriage to a U.S. citizen
 
I'm just afraid if they do ask for them, they might look at it as lack of moral character for filing wrong status..... It was a honest mistake since I was really separated from my husband at the time I filed my taxes.....

I'm going to start thinking positively the interview its less than a week away, hopefully everything workouts...... Thank you so much for your replies, I really appreciate it.....
 
The same situation with you.

Hi gigi01,
I am basically in the same situation with you. I got my green card through marriage with US citizen.
So, my question would be, How did your interview went?
Did they ask you a lot of questions regarding your marriage with your ex-husband?
Thank you, your response is much appreciated.
 
If it was an honest mistake fix it and pay back the money you did not deserve. No? ;)

Gigi01 said:
I'm just afraid if they do ask for them, they might look at it as lack of moral character for filing wrong status..... It was a honest mistake since I was really separated from my husband at the time I filed my taxes.....

I'm going to start thinking positively the interview its less than a week away, hopefully everything workouts...... Thank you so much for your replies, I really appreciate it.....
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