MAJOR Tax Return ISSUE!

[linaj 0]

Well I'm finally getting ready to submit my N-400 after waiting 17 months and counitng for my ROC to be approved.. (which is currently still pending and nobody seems to know why). Uscis said it got sent to my local field office.. but i haven't recieved a RFE or an interview as of yet.. so i'm proceeding with the N-400 because i'm well over due and actually qualified to apply for it since march of this year... but I didn't have the money.

Well I have a question...My husband and I have alot of supporting documents in our names to supply... like Apartment lease, car insurance, home rental insurance, water bill, light bill, etc, etc.. however... we have a bit of a problem with our 2007 and 2006 taxes.

Our 2008 taxes we filed perfectly status "married".. but 2007 and 2006 we filed "single" because our tax consultant advised us it would be better!. Now I didn't realize how much this would affect me until now. So I have now filled an amendment return for both years doing everything all over again and filing "Married".. I called IRS and the agent was really helpfull and advised me to do this!

Now my question is should I send in copies of my orginial tax returns with the copy of the amendent stapled to the back???

or should I request the transcipts and staples the amendent copy to the back???

Either way I can't wait unilt he amendment is fully processed because the processing times for "Amendment's" is over 90 days.. so all I can send USCIS is copy of the amendment that I sent IRS with both my and my spouse signature on it.. I cannot wait 90 days with IRS!

what do you guys think??? any suggestions.. Should I also include a cover letter with those two taxes explaining my situation or send like that and explain later in the interview!

[Kathryn41 3,205]

I am curious why you can't 'wait' until you get the amended tax return transcripts and use them instead. There is no 'deadline' for filing for citizenship. I am just concerned that submitting tax returns that originally stated 'single' rather than married might be a big red flag. It is a matter of 90 more days to get the amended forms. Cannot you not wait that long?

[linaj 0]

Well I'm finally getting ready to submit my N-400 after waiting 17 months and counitng for my ROC to be approved.. (which is currently still pending and nobody seems to know why). Uscis said it got sent to my local field office.. but i haven't recieved a RFE or an interview as of yet.. so i'm proceeding with the N-400 because i'm well over due and actually qualified to apply for it since march of this year... but I didn't have the money.

Well I have a question...My husband and I have alot of supporting documents in our names to supply... like Apartment lease, car insurance, home rental insurance, water bill, light bill, etc, etc.. however... we have a bit of a problem with our 2007 and 2006 taxes.

Our 2008 taxes we filed perfectly status "married".. but 2007 and 2006 we filed "single" because our tax consultant advised us it would be better!. Now I didn't realize how much this would affect me until now. So I have now filled an amendment return for both years doing everything all over again and filing "Married".. I called IRS and the agent was really helpfull and advised me to do this!

Now my question is should I send in copies of my orginial tax returns with the copy of the amendent stapled to the back???

or should I request the transcipts and staples the amendent copy to the back???

Either way I can't wait unilt he amendment is fully processed because the processing times for "Amendment's" is over 90 days.. so all I can send USCIS is copy of the amendment that I sent IRS with both my and my spouse signature on it.. I cannot wait 90 days with IRS!

what do you guys think??? any suggestions.. Should I also include a cover letter with those two taxes explaining my situation or send like that and explain later in the interview!

Well I could diffinitely wait another 90 to basically 120 days ( from what IRS stated); however, I waited 17 months for my ROC and it's still pending... Im just tired of dealing wit USCIS. Most people on here have gotten their ROC approved with the 1 year time frame or even a little over the 1 year timeframe.. but I'm still waiting!!. I just want to have some kind of permanant status here.. the I-551 stamp is a real pain having to carry my passport around to show legal residency and it's only vaild for 1 year.. if I had the 10 GC.. I wouldn't be soo impatient. My husband is also military so I pretty much have everything going to this address. I don't want to start the N-400 with a new address because we all know how USCIS is sometimes with updated addresses. My worst nightmare would be if they keep sending stuff for my Naturalization here after I have moved.. I know alot of people who this has happened too. I just want to basically start the process before I move. we only have about 5 to 6 more months here, so it's pretty much prefect timing!

[NickD 202]

Well I'm finally getting ready to submit my N-400 after waiting 17 months and counitng for my ROC to be approved.. (which is currently still pending and nobody seems to know why). Uscis said it got sent to my local field office.. but i haven't recieved a RFE or an interview as of yet.. so i'm proceeding with the N-400 because i'm well over due and actually qualified to apply for it since march of this year... but I didn't have the money.

Well I have a question...My husband and I have alot of supporting documents in our names to supply... like Apartment lease, car insurance, home rental insurance, water bill, light bill, etc, etc.. however... we have a bit of a problem with our 2007 and 2006 taxes.

Our 2008 taxes we filed perfectly status "married".. but 2007 and 2006 we filed "single" because our tax consultant advised us it would be better!. Now I didn't realize how much this would affect me until now. So I have now filled an amendment return for both years doing everything all over again and filing "Married".. I called IRS and the agent was really helpfull and advised me to do this!

Now my question is should I send in copies of my orginial tax returns with the copy of the amendent stapled to the back???

or should I request the transcipts and staples the amendent copy to the back???

Either way I can't wait unilt he amendment is fully processed because the processing times for "Amendment's" is over 90 days.. so all I can send USCIS is copy of the amendment that I sent IRS with both my and my spouse signature on it.. I cannot wait 90 days with IRS!

what do you guys think??? any suggestions.. Should I also include a cover letter with those two taxes explaining my situation or send like that and explain later in the interview!

Well I could diffinitely wait another 90 to basically 120 days ( from what IRS stated); however, I waited 17 months for my ROC and it's still pending... Im just tired of dealing wit USCIS. Most people on here have gotten their ROC approved with the 1 year time frame or even a little over the 1 year timeframe.. but I'm still waiting!!. I just want to have some kind of permanant status here.. the I-551 stamp is a real pain having to carry my passport around to show legal residency and it's only vaild for 1 year.. if I had the 10 GC.. I wouldn't be soo impatient. My husband is also military so I pretty much have everything going to this address. I don't want to start the N-400 with a new address because we all know how USCIS is sometimes with updated addresses. My worst nightmare would be if they keep sending stuff for my Naturalization here after I have moved.. I know alot of people who this has happened too. I just want to basically start the process before I move. we only have about 5 to 6 more months here, so it's pretty much prefect timing!

Gathered you did not file married filing a separate return, but single, like you are not even married, if you have a tax professional and he advised it, he should both pay and correct it, including any fines the IRS may imposed, this is serious.

Yes, I would get corrected returns first, USCIS wants three years of those, first line of evidence, don't want to blow that.

[jsnearline 2]

I'd say it's really not a good idea to file your N-400 with USCIS until you get the tax issue corrected. Submitting tax returns for 2006 and 2007 to USCIS that show you as single could leave you vulnerable to charges of immigration fraud.

[linaj 0]

I'd say it's really not a good idea to file your N-400 with USCIS until you get the tax issue corrected. Submitting tax returns for 2006 and 2007 to USCIS that show you as single could leave you vulnerable to charges of immigration fraud.

Thanks for the advice.. but like I stated before... I will be submitted the returns with the copy of the amendment attached and a cerftified mail receipt stating IRS recieved the amendment forms.. the only thing im not waiting for is the long 120 day process they take to process the forms. I doubt that i will be oweing any money.. because like the IRS mentioned Married is deducted at a higher rate then single.. so I'll actually probably be recieving a little refund at the end of all of this.

[jsnearline 2]

You still might want to wait until the IRS actually processes the amended returns. Otherwise, you might want to submit a written explanation why you changed the status from single to married just before filing for naturalization. Have you thought about making an InfoPass appointment and asking your local USCIS office how you should handle this?

Whatever you do, I'd err on the side of caution. My mother-in-law had a case denied last year because USCIS thought she might use a visa extension for a purpose that was not allowed. They used their discretion and denied her extension. Now she's worried she may not be able to get another tourist visa. Ever since then, I've been extremely paranoid about USCIS and have done my best not to give them any possible reason to even think about denying a case.

[linaj 0]

You still might want to wait until the IRS actually processes the amended returns. Otherwise, you might want to submit a written explanation why you changed the status from single to married just before filing for naturalization. Have you thought about making an InfoPass appointment and asking your local USCIS office how you should handle this?

Whatever you do, I'd err on the side of caution. My mother-in-law had a case denied last year because USCIS thought she might use a visa extension for a purpose that was not allowed. They used their discretion and denied her extension. Now she's worried she may not be able to get another tourist visa. Ever since then, I've been extremely paranoid about USCIS and have done my best not to give them any possible reason to even think about denying a case.

Thanks again for your advice and concerns... they were very much appreciated . The whole infopass thing is a great idea... I never though about that.. I will also try calling the misinformation hotline as well to see what they say. Either way u must of the time the hotline is just as good as an infopass.. not too much help or advice. . I will cross my fingers.. I'm very hopefull everything will go ok for us.

Our list includes:

- Apartment Lease Agreement

- Apartment Rental Insurance

- Car Insurance

- Joined Stock Account's

- Cable, Internet, and Phone Bills

- Water Bill

- Light Bill

- Two Joint Checking Accounts

- One saving's account

- Document's of travel and trips trip

- military document's ( might get any document's showing my husband has me listed as dependent on his militry document's)

- Two pages of pics ( might throw that in there since my conditional PR isn't approved yet)

Now keep in mind my husband and I are still young early twenties. So this is about 10 times more stufff we had when we firast applied for our AOS and ROC. At that time we were still living with parents and going to school. We had no bills.. except a joint checking account. So now that he joined the military we we're finally able to become dependent and live on our own.

[AusCal 3]

Our 2008 taxes we filed perfectly status "married".. but 2007 and 2006 we filed "single" because our tax consultant advised us it would be better!.

what do you guys think??? !

Well, I wouldn't be using a tax consultant who blatantly advised me to do something that was illegal.

Personally, I would wait until the IRS processed the amendments, Get "new" tax transcripts and file N-400 then. I understand you want to be "done" with the USCIS but, wouldn't it be easier to wait, then have a hassle free N-400 process? Yes, quite possibly you could be approved with your current "single" tax returns, and the submission of an amendment - but, there will be lots of questions. If you go that route, maybe a letter from the tax agent stating he advised you to file that way (you both cam to appointment together etc) but, good luck getting him to put it writing that he advised you to break the law. There is also the possibility your application may be denied, and you will be out $675.

Good luck, whatever you decide.

[NickD 202]

Our 2008 taxes we filed perfectly status "married".. but 2007 and 2006 we filed "single" because our tax consultant advised us it would be better!.

what do you guys think??? !

Well, I wouldn't be using a tax consultant who blatantly advised me to do something that was illegal.

Personally, I would wait until the IRS processed the amendments, Get "new" tax transcripts and file N-400 then. I understand you want to be "done" with the USCIS but, wouldn't it be easier to wait, then have a hassle free N-400 process? Yes, quite possibly you could be approved with your current "single" tax returns, and the submission of an amendment - but, there will be lots of questions. If you go that route, maybe a letter from the tax agent stating he advised you to file that way (you both cam to appointment together etc) but, good luck getting him to put it writing that he advised you to break the law. There is also the possibility your application may be denied, and you will be out $675.

Good luck, whatever you decide.

Bit job in doing taxes is getting all of your numbers together, especially if you own a business. Fairly simple task to fill out the form with different filing status. For along with state taxes, filing a joint return produced the lowest tax liability. But my attorney strongly advised after our AOS to download the I-751 and N-400 forms and instructions and be prepared. Even if filing separately gain us an extra couple of bucks, but it didn't, would have still filed a joint return, not only have to make the IRS happy, but the USCIS as happy as well.

[jeangab75 0]

I also agree. You should wait. The tax information is the only one is verified. So I would be patient. Moreover your don't need to send all the other documentation you are referring to. It's not necessary, but if for whatever reason your N 400 is sent back for further investigation you'll wait even longer. I understand your frustration but this sounds like the best way forward.

[pakman 0]

Wow, I have the exact same situation, however we've been married for 5 years in October and our daughter will be 4 in October. Will USCIS realy think it's fraud with these circumstances? The single status was filed under the 2006 tax year. I was wondering if I should go ahead and apply or just wait until after I file my 2009 return in order to send in the 2007, 2008 and 2009 transcripts.

[jsnearline 2]

Indicating on a tax return that you're single when you're not could be considered tax fraud. Tax fraud would not be considered evidence of good moral character for an aspiring citizen. It would also leave you open to suspicions of immigration fraud.

Bottom line... Don't give the USCIS any rope they can use to hang you with.

[pakman 0]

Indicating on a tax return that you're single when you're not could be considered tax fraud. Tax fraud would not be considered evidence of good moral character for an aspiring citizen. It would also leave you open to suspicions of immigration fraud.

Bottom line... Don't give the USCIS any rope they can use to hang you with.

Cool. We waited this long so no rush. She has her greencard and that doesn't expire anytime soon. I'll wait till next year after I receive my 2009 tax return and after her and our daughter visit grandparents. Thanks for the input.

[hrushka 0]

Are you sure you filed "single"? Or "married but filing separately"? Because that's cheaper than filing "married and jointly". That's what we've been filing - married filing separately. In this case each spouse has a separate 1040 but the name of the other spouse is also listed in the same form. That is definitely not illegal and wouldn't be a negative in the eyes of USCIS because you're still filing "married".