Wife with no-income required to file Tax Returns?

[Him and I 0]

Hi I am really confused about if I am required to file taxes or not. I'm a LPR since Oct 2009, so that is how long I've been in the US. I'm a student and a housewife, I do not have a job so I don't have income. My husband filed taxes separately for 2009 and 2010. He asked his accountant if I was required to file taxes and he said: "If she is not working, she doesn't need to". Is this true? We live in a Community Property State.

Reading the requirements for application of citizenship it says that you need to include your tax returns. If I didn't have any income myself (besides what my husband makes), and I did not file tax returns for 2009 and 2010 separately, would this affect my application for citizenship?

Do I need to file now for 2011?

What document do I need to submit instead of the tax returns? Or how do I let them know that I do not have income?

I would really appreciate your help on this...

[Gary and Alla 3,694]

Hi I am really confused about if I am required to file taxes or not. I'm a LPR since Oct 2009, so that is how long I've been in the US. I'm a student and a housewife, I do not have a job so I don't have income. My husband filed taxes separately for 2009 and 2010. He asked his accountant if I was required to file taxes and he said: "If she is not working, she doesn't need to". Is this true? We live in a Community Property State.

Reading the requirements for application of citizenship it says that you need to include your tax returns. If I didn't have any income myself (besides what my husband makes), and I did not file tax returns for 2009 and 2010 separately, would this affect my application for citizenship?

Do I need to file now for 2011?

What document do I need to submit instead of the tax returns? Or how do I let them know that I do not have income?

I would really appreciate your help on this...

Your husband asked an accountant a question about immigration. The accountant, instead of being honest and saying "I do not know about immigration" gave an IRS based answer. You need a USCIS based answer.

The N-400 asks if you ever failed to file an income tax return because you considered yourself a non-resident So the correct answer for you is "NO"

That said, I would suggest you get a letter from this accountant explaining why and under what tax code you are exempted from filing and that he advised you accordingly. If you did not file taxes you are required to explain why and you need to support that with evidence just as you do any other claim, at least for things like affidavits of support. I have not seen where you can provide such an explanation in lieu of taxes for citizenship though. Be that as it may, you do not have tax returns to present, so you either go with an explanation or you file amended returns for those years. You could also file separately and claim -0- income. It is never too late to file a tax return and if no tax is owed, there is no penalty.

Your application for citizenship is based on marriage to a US citizen and a joint tax return or at least separate tax returns with the same address goes a long way to prove a legitimate marriage.

While a strict reading of the question would not indicate a problem necessarliy, I am looking at Alla's appointment letter for her interview next week and it specifically states to bring her income tax returns OR IRS transcripts for the last three years to the interview. It does NOT say, "or an explanation of why you did not file"

I have been very careful in filing taxes not only for my wife but also for our two sons

Edited January 26, 2012 by Gary and Alla

[OnMyWayID 1,489]

You can go back and file them pretty easily... A better solution would be for you and your husband to go back and amend the last two years for joint filing.. Adding you will push out the rates and of course add your personal exemption.. That is a lot of money to be throwing away.

[NickD 202]

If your husband filed the 1040EZ "Income Tax Return for Single and Joint Filers With No Dependents" he had to list you as his spouse and that would have to be joint return.

If he filed the standard 1040 it has five choices.

1 Single

2 Married filing jointly (even if only one had income)

3 Married filing separately. Enter spouse’s SSN above and full name here. ▶

4 Head of household (with qualifying person). (See instructions.) If the qualifying person is a child but not your dependent, enter this child’s name here. ▶

5 Qualifying widow(er) with dependent child

If he is legally married to you and you are alive, cannot check boxes 1, 4, or 5, he is lying to the IRS, only leaves boxes 2 or 3 to check. Either one will have your name and SS number on it so should be okay with the USCIS. But not okay if he files under box 2 for both of you, he is losing you as an exemption and at a much higher tax rate. If applying for the three year marriage, one requirement is to bring in your marriage certificate.

USCIS does not deal with "Community Property States" I live in one, from experience, they wanted to see my wife's home on my home deed, had no problem with that, we decided when we got married to share everything we had with each other. Even if we did get a divorce, she would get half of everything, but you can't explain that to the USCIS, they want to see that name on the deed or lease. Another option is to wait the full five years. Again from experience, would say that about 98% of my wife's interview was showing legal proof that we were living together. Didn't care if we were having sex, just owning stuff, paying taxes, and paying bills together.

Can't believe some of the nitwit tax consultants that come to this board. Filing status is in very simple English, read the tax instructions.

[Gianluca 3]

Guys I apologize for my ignorance on the matter,  I was reading the post and a question came up to my mind,  so she does't work so she has no income to report, she will file jointly and report "0" with husband so she has a Tax Return to show USCIS for her Citizenship application, but doesn't even matter for USCIS that she actually have no income at all? Hypothetically if she would file alone and file "0" income and all they would care is to see the actual Tax Return? 

[shell20 746]

On 3/6/2018 at 8:43 PM, Gianluca said:

Guys I apologize for my ignorance on the matter,  I was reading the post and a question came up to my mind,  so she does't work so she has no income to report, she will file jointly and report "0" with husband so she has a Tax Return to show USCIS for her Citizenship application, but doesn't even matter for USCIS that she actually have no income at all? Hypothetically if she would file alone and file "0" income and all they would care is to see the actual Tax Return? 

I don't work, I am home maker/housewife. However, we have filed joint taxes since we married and we sent those for ROC and will be sending those joint tax returns for our N400.  USCIS seem to like joint everything and for N400 they also like to see you don't have any outstanding taxes owing. I can't answer if its statutory to file jointly for immigration, but I don't suppose it harms your case either.

[TBoneTX 45,273]

Thread from 2012 is moved from the US Citizenship forum to the Tax & Finances forum, and it's now locked to further discussion.