Tax and citizenship

[borisbeck 0]

I would love to get a suggestion about my tax return and citizenship, please.

Applying through marriage, and I have 2 years of joined tax return, and 2 years of separately.

Problem is that spouse filled as a single last 2 years

Mine are fine and all show that we are married.

Can I just send my tax return without taxes from my spouse?!

[chapmart 0]

Borisbeck,

Go back and check earlier post (page 1 or 2) someone had a similar issue. According to the IRS, once you are married, you must file either MARRIED JOINT OR MARRIED SEPARATELY. You can no longer file single, if you are married. It sounds like you need to get all your IRS ducks in row before you submit papers to immigration. I am sure someone with more knowledge will chime in and share their suggestions. Sorry for the bad news......

[NickD 202]

Borisbeck,

Go back and check earlier post (page 1 or 2) someone had a similar issue. According to the IRS, once you are married, you must file either MARRIED JOINT OR MARRIED SEPARATELY. You can no longer file single, if you are married. It sounds like you need to get all your IRS ducks in row before you submit papers to immigration. I am sure someone with more knowledge will chime in and share their suggestions. Sorry for the bad news......

Dread tax time with a passion, every year get books from the IRS with changes, always changes, and for every entry on the form there is an explanation written by a person that definitely flunked English grammar using double and triple negatives in the same sentence. Those worksheets are worse than any of those algebraic word problems, have broken some down to write a simple equation canceling out all the redundant entries and came up with the same results, but in seconds rather than hours.

Standard mileage deduction is always ten years behind the price of gas at the pumps, but to figure out cost of depreciation on a vehicle, insurance, repairs, maintenance, in either case all mileage has to be logged, if you had to pay an accountant for this, the price would be greater than buying a new vehicle, so just live with standard mileage. Deductions you had last year are no valid this year.

But in the instructions for the 1040 clearly states that if married you only have two options, filing a joint return of filing married separately, but never single. From year to year by working taxes out both ways, one may have the advantage over the other, but in the last couple of years, filing a joint return yielded lower taxes.

When that is all done, have to do the same thing for the state, then with a separate set of books for state sales tax, when are they going to give us enough time to work to earn this money they want?

Ha, tempted just to send all of our income to the government and tell them just to send a couple of bucks a month to us to live on, so we don't have to go though this every year. Ha keeping a log on your finances is one thing, but also keeping a log on your love life for the USCIS, gets to be too much.

[chapmart 0]

Am I the only one that feels like taxation without representation? One must pay taxes for several years before being able to vote?

[Gaby&Talbert 1]

Am I the only one that feels like taxation without representation? One must pay taxes for several years before being able to vote?

yes, wasn't that the reason for the boston tea party?

Unfortunately LPR is a Privilege and not a right. THe government is quick to point out privileges even to USC. TO live in the US you have to follow the rules or else.

[diadromous mermaid 36]

I do think income is a factor in how they treat you because when my wife got her K-3 she said as soon as they saw my tax returns and how much I made they didn't look at anything else and approved her. When we went for her AOS it took about 5 minutes and we were out. Hopefully removing conditions and citizenship are as easy.

Income is only a factor in the K1 or K3 because you have to prove that as the petitioner, you have the capacity to support your beneficiary (fiance/spouse) when they come to the US so as not to become a public burden. As stated before, joint tax returns demonstrate a valid marital union.

That and the crucial element, that the alien is of good moral character, an element which if not demonstrated prohibits naturalisation altogether.

[NickD 202]

I do think income is a factor in how they treat you because when my wife got her K-3 she said as soon as they saw my tax returns and how much I made they didn't look at anything else and approved her. When we went for her AOS it took about 5 minutes and we were out. Hopefully removing conditions and citizenship are as easy.

Income is only a factor in the K1 or K3 because you have to prove that as the petitioner, you have the capacity to support your beneficiary (fiance/spouse) when they come to the US so as not to become a public burden. As stated before, joint tax returns demonstrate a valid marital union.

That and the crucial element, that the alien is of good moral character, an element which if not demonstrated prohibits naturalisation altogether.

Ha, thought "We The People" were the government.

[diadromous mermaid 36]

I do think income is a factor in how they treat you because when my wife got her K-3 she said as soon as they saw my tax returns and how much I made they didn't look at anything else and approved her. When we went for her AOS it took about 5 minutes and we were out. Hopefully removing conditions and citizenship are as easy.

Income is only a factor in the K1 or K3 because you have to prove that as the petitioner, you have the capacity to support your beneficiary (fiance/spouse) when they come to the US so as not to become a public burden. As stated before, joint tax returns demonstrate a valid marital union.

That and the crucial element, that the alien is of good moral character, an element which if not demonstrated prohibits naturalisation altogether.

Ha, thought "We The People" were the government.

Sorry, NickD, you lost me!

[NickD 202]

I do think income is a factor in how they treat you because when my wife got her K-3 she said as soon as they saw my tax returns and how much I made they didn't look at anything else and approved her. When we went for her AOS it took about 5 minutes and we were out. Hopefully removing conditions and citizenship are as easy.

Income is only a factor in the K1 or K3 because you have to prove that as the petitioner, you have the capacity to support your beneficiary (fiance/spouse) when they come to the US so as not to become a public burden. As stated before, joint tax returns demonstrate a valid marital union.

That and the crucial element, that the alien is of good moral character, an element which if not demonstrated prohibits naturalisation altogether.

Ha, thought "We The People" were the government.

Sorry, NickD, you lost me!

Was kind of a deep statement, haven't heard a positive comment from anyone with the complexity of our tax system, and the punishments are severe for any errors, misunderstandings, or even filing late. This is also true of other government agencies. So why is this so? Is the what he majority of Americans want? The very basis of our constitution is that our government is suppose to by the people and for the people. But it seems that just a very small handful of the people are making all the rules. Wasn't suppose to be that way.

[borisbeck 0]

OK, when you submit tax return, do you just submit yours or your spouse as well?!

Do they care only about person who applies for citizenship or about spouses tax return as well?!

This is what i've found from allexperts.com:

Question -

Is there any problem for applicant (wife) if the husband (sponsor) who did not have the IRS Transcript Tax Return in the past 3 years?

However, the applicant (wife) has her last 9 years IRS transcript tax return. Her last 3 years IRS Tax return transcript was filed married but filling separately.

Can the applicant still eligible to apply the Naturalization without her husband's IRS Transcript tax returns?

Please give us a dvice what to do in our U.S. Citizenship application.

Thanks,

Answer -

Citizenship is an individual applicatioin and does not rely on the actions of spouses or others. She will be asked for her last 3 or 5 years taxes regardless of whether she filed with her husband and regardless of whether he filed at all.

By what this lawyer is saying they only care about applicants tax return, and if it is filled right, not his spouses.

What is your experience with that?

If you filled separately and you did everything right, do they ask to see your spouses tax return to see if it matches (address, married status etc.) ?!

My taxes are good but don't match with my spouses taxes who filled as single.

TNX.

[NickD 202]

OK, when you submit tax return, do you just submit yours or your spouse as well?!

Do they care only about person who applies for citizenship or about spouses tax return as well?!

This is what i've found from allexperts.com:

Question -

Is there any problem for applicant (wife) if the husband (sponsor) who did not have the IRS Transcript Tax Return in the past 3 years?

However, the applicant (wife) has her last 9 years IRS transcript tax return. Her last 3 years IRS Tax return transcript was filed married but filling separately.

Can the applicant still eligible to apply the Naturalization without her husband's IRS Transcript tax returns?

Please give us a dvice what to do in our U.S. Citizenship application.

Thanks,

Answer -

Citizenship is an individual applicatioin and does not rely on the actions of spouses or others. She will be asked for her last 3 or 5 years taxes regardless of whether she filed with her husband and regardless of whether he filed at all.

By what this lawyer is saying they only care about applicants tax return, and if it is filled right, not his spouses.

What is your experience with that?

If you filled separately and you did everything right, do they ask to see your spouses tax return to see if it matches (address, married status etc.) ?!

My taxes are good but don't match with my spouses taxes who filled as single.

TNX.

Again from the M-476 instructions you must follow for your N-400:

4. Documents referring to you and your spouse: (Instructions)

"Citizenship is an individual applicatioin and does not rely on the actions of spouses or others." (Respondant) Does this statement correspond with the instructions?

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

This can be read as tax returns, or tax returns, or tax returns.

Granted, filing for the three year is far more difficult than filing for the five year where proof of marriage is not required, but the instructions do say, income tax forms that you both filed for the marriage. Suppose all you can do is go in for the interview and see what they say.

[chapmart 0]

Borisbeck,

I interpret the following as both yours and your spouses.

4. Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

[NickD 202]

Borisbeck,

I interpret the following as both yours and your spouses.

4. Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

What is missing is the word joint, married filing separately, or filing single and it's really a good question if your IO assumes the position of whether your taxes were filed correctly. Could be if he/she sees the same filing year on two returns with both spouses names on each with the same address, that is all they are looking for. I can't think of a person that I know of that files their own taxes, they pay someone to do it. Daughter took an advanced accounting course in high school, never even covered the IRS. A subject that everyone in America has to deal with.

Is it the position of the IO to determine whether your taxes were filed correctly? I really do not know the answer to that.

Ha, I was called in one year as to why I deducted over $15,000.00 on computer software, after showing my receipts pointed out to the auditor that I showed a profit, then really slammed the ####### in showing him an article where the IRS spent 27 billion dollars in a computer system that didn't even work. He shut up in a hurry, you have to know your rights in this country.

Ha, if I were in your position, would bring in the M-476 and say it only says to bring in the tax returns for both spouses, here they are, doesn't say anything about how these forms should be filled out. But that is just me, but wouldn't get myself in that position to start with.

[lucyrich 20]

Ha, if I were in your position, would bring in the M-476 and say it only says to bring in the tax returns for both spouses, here they are, doesn't say anything about how these forms should be filled out. But that is just me, but wouldn't get myself in that position to start with.

Tax law is complicated. But the filing status rules are pretty darn straightforward. If you file as single, you must be single. If you are married, you must file as married, either jointly or separately, or perhaps under some circumstances as head of household. There are a few complications and some grey areas when a divorce is pending, or when you live apart, but if you're filing for naturalization based on three years married to a US Citizen, you've got to be married and living together during that time. "Married filing separately" and "Married filing jointly" are the only statuses legally available to you while you're married to and living with your spouse in valid marital union. That's pretty simple, and they don't have to train the USCIS investigators to be tax accountants in order to merely verify which filing status box you checked.

When you sign a tax return, you are certifying under penalty of perjury that you've examined all the information and it's true and correct. If your tax return shows that you swore under penalty of perjury to the IRS that you're single, why should you turn around and expect the USCIS to believe you're in a valid marital union?

[NickD 202]

Ha, if I were in your position, would bring in the M-476 and say it only says to bring in the tax returns for both spouses, here they are, doesn't say anything about how these forms should be filled out. But that is just me, but wouldn't get myself in that position to start with.

Tax law is complicated. But the filing status rules are pretty darn straightforward. If you file as single, you must be single. If you are married, you must file as married, either jointly or separately, or perhaps under some circumstances as head of household. There are a few complications and some grey areas when a divorce is pending, or when you live apart, but if you're filing for naturalization based on three years married to a US Citizen, you've got to be married and living together during that time. "Married filing separately" and "Married filing jointly" are the only statuses legally available to you while you're married to and living with your spouse in valid marital union. That's pretty simple, and they don't have to train the USCIS investigators to be tax accountants in order to merely verify which filing status box you checked.

When you sign a tax return, you are certifying under penalty of perjury that you've examined all the information and it's true and correct. If your tax return shows that you swore under penalty of perjury to the IRS that you're single, why should you turn around and expect the USCIS to believe you're in a valid marital union?

Certainly a hard view and may go that way, did read but never checked filing single in 2002 had a tax advantage, but we are talking about tax years, 2004-2007 where married filing jointly offers the best deductions for less taxes. I won't even ask why a married couple would want to file singly, unless they want to pay more taxes. Ha, was single in 2002, got a deal back then. All of our returns for the UCSIS had the IRS label on it with Nick and Gloria D, that should be the best evidence for the USCIS.

Do recall reading posts here where some weren't even asked for tax returns, had other forms of proof like a baby, but a recent as ten days ago, they asked for ours, W-2's and 1099's included.