Urgent help!!! n 400 Interview and tax marriage problem

[peaches1313 0]

Status: filing based on 3 year marriage

Hello,

I have my interview appt. in 20 days (just got the letter). I have been filing as head of household and my husband too. Throughout my process I have never sent tax papers, only joint accounts/leases/ etc. (Always like an option) But now I received this yellow notice to bring additional information including tax returns filed together, and other proof as well. Im so scared, everyone has a different opinion. I dont think I have time to amend right now (8-12 weeks) or yes? What I was thinking is to show them like they are if the officer asked for it. (My friend didnt get asked for it, also applied as marriage). And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. Im not sure if by only looking at that they will deny my citizenship based on bad moral character. Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

Please any help at this point would be appreciated. Any experiences? Any suggestions?

Thanks, your sincere input will be greatly appreciated.

[Dakine 26]

Status: filing based on 3 year marriage

Hello,

I have my interview appt. in 20 days (just got the letter). I have been filing as head of household and my husband too. Throughout my process I have never sent tax papers, only joint accounts/leases/ etc. (Always like an option) But now I received this yellow notice to bring additional information including tax returns filed together, and other proof as well. Im so scared, everyone has a different opinion. I dont think I have time to amend right now (8-12 weeks) or yes? What I was thinking is to show them like they are if the officer asked for it. (My friend didnt get asked for it, also applied as marriage). And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. Im not sure if by only looking at that they will deny my citizenship based on bad moral character. Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

Please any help at this point would be appreciated. Any experiences? Any suggestions?

Thanks, your sincere input will be greatly appreciated.

Are you saying you haven't filed taxes in a few years or just didn't file jointly?

[peaches1313 0]

Yes I filed, but not jointly or married, I filed head of household 2 years and 1 as single...

[rrobin 2]

Status: filing based on 3 year marriage

Hello,

I have my interview appt. in 20 days (just got the letter). I have been filing as head of household and my husband too. Throughout my process I have never sent tax papers, only joint accounts/leases/ etc. (Always like an option) But now I received this yellow notice to bring additional information including tax returns filed together, and other proof as well. Im so scared, everyone has a different opinion. I dont think I have time to amend right now (8-12 weeks) or yes? What I was thinking is to show them like they are if the officer asked for it. (My friend didnt get asked for it, also applied as marriage). And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. Im not sure if by only looking at that they will deny my citizenship based on bad moral character. Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

Please any help at this point would be appreciated. Any experiences? Any suggestions?

Thanks, your sincere input will be greatly appreciated.

How many years of tax returns they are asking? At this point you can only amend 2005, 2006, 2007, and 2008 (if already filed). If you have the copies of all these tax returns you can amend them in no time.

[kokobearus 4]

Status: filing based on 3 year marriage

Hello,

I have my interview appt. in 20 days (just got the letter). I have been filing as head of household and my husband too. Throughout my process I have never sent tax papers, only joint accounts/leases/ etc. (Always like an option) But now I received this yellow notice to bring additional information including tax returns filed together, and other proof as well. Im so scared, everyone has a different opinion. I dont think I have time to amend right now (8-12 weeks) or yes? What I was thinking is to show them like they are if the officer asked for it. (My friend didnt get asked for it, also applied as marriage). And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. Im not sure if by only looking at that they will deny my citizenship based on bad moral character. Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

Please any help at this point would be appreciated. Any experiences? Any suggestions?

Thanks, your sincere input will be greatly appreciated.

How many years of tax returns they are asking? At this point you can only amend 2005, 2006, 2007, and 2008 (if already filed). If you have the copies of all these tax returns you can amend them in no time.

so what you are saying you lied in your tax return. both you and your husband filed as head of household. I don't know but it seems to me that you lied and that is one of the questions in the n4oo aplication about taxes. I don't know what to tell you. Goodluck !

[NickD 202]

Status: filing based on 3 year marriage

Hello,

I have my interview appt. in 20 days (just got the letter). I have been filing as head of household and my husband too. Throughout my process I have never sent tax papers, only joint accounts/leases/ etc. (Always like an option) But now I received this yellow notice to bring additional information including tax returns filed together, and other proof as well. Im so scared, everyone has a different opinion. I dont think I have time to amend right now (8-12 weeks) or yes? What I was thinking is to show them like they are if the officer asked for it. (My friend didnt get asked for it, also applied as marriage). And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. Im not sure if by only looking at that they will deny my citizenship based on bad moral character. Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

Please any help at this point would be appreciated. Any experiences? Any suggestions?

Thanks, your sincere input will be greatly appreciated.

How many years of tax returns they are asking? At this point you can only amend 2005, 2006, 2007, and 2008 (if already filed). If you have the copies of all these tax returns you can amend them in no time.

so what you are saying you lied in your tax return. both you and your husband filed as head of household. I don't know but it seems to me that you lied and that is one of the questions in the n4oo aplication about taxes. I don't know what to tell you. Goodluck !

Same here, you can't be living together while both of you have filed as head of households, even commented to myself after my divorce and getting full custody of my kids, that the exemptions and deductions were about the same a filing a joint return, proving that the IRS believes that you and your spouse can live together cheaply as one. You have to owe back taxes, suggest hiring a tax attorney and making amends with the IRS.

At the beginning of the big thick 1040 book you have to read every years is a section on filing status that tells you what conditions you must meet before filing.

For the fun of it, and as an exercise filled out both married filing separately and a joint return, we would have lost out on several key deductions by filing separately, but even if it didn't make any difference, would have still filed jointly, because I knew I also had to keep the USCIS happy.

[AusCal 3]

And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. ...................... Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

I am not going to judge you for filing incorrectly, but, I hope you have fired the accountant who suggested it. Not only has he caused difficulties with your immigration, he also has you breaking a very basic IRS rule.

But, to accept some personal responsibility, you didn't think that filing "single" when you were married might not be correct?

Alos, when you were filling out your N-400 applicatino, did you miss that bit that said to submit three years tax returns?

I don't know what to suggess to you at this point, possibly a consult with an immigration attorney might point you int he right direction. But, at this point, you seem to have three options

*Go to the interview with what you have, and see where the IO goes with it.

*Submit amendments to your last three tax returns, and go to interview, probably with amendments still pending.

*Withdraw your case, sort out your tax mess, and reapply when you have the correct tax scripts.

Good luck, you might need it!

[peaches1313 0]

And if the officer asks for it, I will tell him that the accountant advised like that but Im willing to amend. ...................... Just a note, we were not very informed when filed this way, now we know it was wrong. (please dont judge )

I am not going to judge you for filing incorrectly, but, I hope you have fired the accountant who suggested it. Not only has he caused difficulties with your immigration, he also has you breaking a very basic IRS rule.

But, to accept some personal responsibility, you didn't think that filing "single" when you were married might not be correct?

Alos, when you were filling out your N-400 applicatino, did you miss that bit that said to submit three years tax returns?

I don't know what to suggess to you at this point, possibly a consult with an immigration attorney might point you int he right direction. But, at this point, you seem to have three options

*Go to the interview with what you have, and see where the IO goes with it.

*Submit amendments to your last three tax returns, and go to interview, probably with amendments still pending.

*Withdraw your case, sort out your tax mess, and reapply when you have the correct tax scripts.

Good luck, you might need it!

Thanks, What about rescheduling? It seems that in your case they reschedule you for several months after right? Well, Im thinking amending right now and going with applications pending, of course Im going to owe thousands to the IRS. Do you think there is a possibility IO gets away with my other supporting documents, or they always check for correct taxes. I found an answers on Yahoo, about a girl with the same situation, IO gave them a reschedule appt. to get back with amended taxes, but she is not mentioning if they were as "single" or "married filing separately" Thanks again for your imput, Im trying to make a decision...

[Sylvia_n_Joseph 3]

Your real issue may be that by signing and submitting the returns as head of household you have lied to the government. Not knowing better is not an excuse and it may cost you more than the amount of the ammeded returns

[AusCal 3]

Thanks, What about rescheduling? It seems that in your case they reschedule you for several months after right? Well, Im thinking amending right now and going with applications pending, of course Im going to owe thousands to the IRS. Do you think there is a possibility IO gets away with my other supporting documents, or they always check for correct taxes. I found an answers on Yahoo, about a girl with the same situation, IO gave them a reschedule appt. to get back with amended taxes, but she is not mentioning if they were as "single" or "married filing separately" Thanks again for your imput, Im trying to make a decision...

On the interview letter, it will state if you request a reschedule you need to explain why, and there is also a comment you should attend the interview even if you don't have all the documents requested. Personally, I don't think you're "me messed up on our taxes and need to sort it out" is a good explanation for a reschedule request.

When I rescheduled, I explained why, and requested to be reschedule for after 1st Jan. I was interviewed on 6th Jan. So, don't assume it will buy you lots of time.

Since you had a RFE for the tax documents, I think they definitely will be necessary at your interview. Also, you state the RFE asked for other information as well. It sounds to me as if you didn't supply required proof of "legitimacy of your marriage", and the IO has some doubts. I don't think "bad moral character" is your only problem here.

Didn't you note the requirement for tax transcripts/returns at the time your filed the N-400?

To be honest, I really don't know what you should do, pretty much all you can do is amend, go to the interview, explaine it all to the IO, and go from there.

Just as an aside - have you queried the accountant "Why did you have us file this way?"

BTW Any comments/suggestions I made are only from my personal experience, and "I am not a lawyer".

[KyngSilva 0]

Firstly start amending your returns and stop worrying about it. Go to a good tax accountant or a CPA and do it through them. That way you have somebody working on it. Ofcourse most of them are going to be super busy as it getting down to tax time. I would still go for your interview and get a letter from your CPA stating that the returns are currently getting amended. I wouldn't waste time explaining what you did wrong, rather focus on what you are doing to correct it. Don't get into great detail about why you filed incorrectly, for whatever reason you did good or bad, the IO is going to look at it as you were trying to lie. So stick to acknowledging that you made a mistake and that your fixing it. As you know ingnorance is not an excuse.

Besides all this, depending on the IO he/she might not even ask for any of those documents. I was asked to bring several things for my interview. The IO did not even want to see them. So that was my case, and ofcourse every case is different.

Last of all don't mess with the IRS they hold more power than any federal organization in the US. Oh and I don't think anybody is going to judge you on here, they are just going to give it to you straight, since most of them followed every little detail to the T. Good luck on your journey

[KyngSilva 0]

Oh one last thing...make sure you file jointly this year and if your friends or an accountant tells you to file single and head of household and your married don't listen to them. =)

[peaches1313 0]

Firstly start amending your returns and stop worrying about it. Go to a good tax accountant or a CPA and do it through them. That way you have somebody working on it. Ofcourse most of them are going to be super busy as it getting down to tax time. I would still go for your interview and get a letter from your CPA stating that the returns are currently getting amended. I wouldn't waste time explaining what you did wrong, rather focus on what you are doing to correct it. Don't get into great detail about why you filed incorrectly, for whatever reason you did good or bad, the IO is going to look at it as you were trying to lie. So stick to acknowledging that you made a mistake and that your fixing it. As you know ingnorance is not an excuse.

Besides all this, depending on the IO he/she might not even ask for any of those documents. I was asked to bring several things for my interview. The IO did not even want to see them. So that was my case, and ofcourse every case is different.

Last of all don't mess with the IRS they hold more power than any federal organization in the US. Oh and I don't think anybody is going to judge you on here, they are just going to give it to you straight, since most of them followed every little detail to the T. Good luck on your journey

Hope you see my question "KyngSilva". Were you requested to bring documents (ie. tax forms) that you didnt submitd them before? For example, Im guessing that they did not look at them, because they were already inside the file with information you previously sent. Please let me know what happened in your case... I thank you for your support....

[KyngSilva 0]

I was asked to bring my tax returns, marriage certificate, childrens birth certificate, Green Card, wife's birth certificate and proof of SSS registration.

When I got there the IO only asked why i did not register with the SSS. I explained , that I had no idea that I had to sign up. Gave him my registration form. Then I asked him if he needed any of the documents listed on the paper that was sent to me. He stated No. That was that. File was approved and I am crankily awaiting my Oath Letter.

[peaches1313 0]

I was asked to bring my tax returns, marriage certificate, childrens birth certificate, Green Card, wife's birth certificate and proof of SSS registration.

When I got there the IO only asked why i did not register with the SSS. I explained , that I had no idea that I had to sign up. Gave him my registration form. Then I asked him if he needed any of the documents listed on the paper that was sent to me. He stated No. That was that. File was approved and I am crankily awaiting my Oath Letter.

but did you file your N 400 along with copies of the tax returns (before the interview, when you applied).

Thanks again