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

[Gigi0101 0]

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 ......

[Brother Hesekiel 2,236]

You can't claim you are black when you are white and vise versa, and you can't claim you are a boy when you are a girl. And you can' t file your taxes as being single when you are married.

Now that I have explained white and black, boy and girl, married an single to you, know that your case isn't so bad as at the 5-year mark, your marriage means nothing anymore. What matters for naturalization purposes at the 5-year mark is that you have never failed to file an required income tax return. Well, you didn't.

If you want, you can amend your previously filed income tax return for 2011, but, frankly, I don't think it will even be necessary. If and only if it comes up during the interview, you can explain this the way you explained it here.

So take a deep breath, and relax. The only thing you need to do is find another tax preparer. Boy or girl, black or white, single or married, but not a moron.

[Gigi0101 0]

I love the way you explain the situation and put my mind at ease .....

I don't know why this whole immigration process makes me nervous, I just didnt want the case to get delay....

Thank you Brother Hesekiel

[ManuFred 10]

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 ......

I agree with brother Hesekiel, in fact I believe jt's only an issue when the IRS considers if an issue. The IRS would have or will noticify you in that case, As long as they don't your fine

[Ree 9]

Did you have any separation agreement? Were you legally separated on the last day of 2010? If you did, you could file 2010 taxes as single. As for your 2009 taxes, you definitely need to amend them.

[Gigi0101 0]

Unfortunately I didn't have a separation agreement I filed for divorce around Octber 2010, and it became final March 2011...... I tried to amend them , but if I do that I'll have to pay them $3,900 for education credits which I won't qualify if I filed for married filing separate.... I wish it was as easier as me contacting my ex husband to them jointly, but last thing I want him to feel its that I need him... Thats why I was kind of asking how often do they ask for tax returns when it's based on a 5year rule with no extended a absence.....

[NickD 203]

Unfortunately I didn't have a separation agreement I filed for divorce around Octber 2010, and it became final March 2011...... I tried to amend them , but if I do that I'll have to pay them $3,900 for education credits which I won't qualify if I filed for married filing separate.... I wish it was as easier as me contacting my ex husband to them jointly, but last thing I want him to feel its that I need him... Thats why I was kind of asking how often do they ask for tax returns when it's based on a 5year rule with no extended a absence.....

Even when I was legally separated from my ex, still filed joint return, could only file head of household when the divorce was final. If the IRS finds out about this, you may have major problems, best to admit your mistakes and get that clear up first. Was no problem for me to file jointly, she never had an income, didn't want to see her either, but still was required to get her signature on her return.

I hate no fault divorce, have a spouse that can blow money like crazy for one reason or another, but with no fault divorce, even though there only may one one can of beans left, they are still entitled legally to a half of that can. Really bad in Venezuela, after her ex left her, wasn't divorced yet, she invested in an apartment completely on her own. But with their crazy laws, while he never put a dime in it, still half of it is his. He could back off, but won't, we dragged this thing out for eight years now, but with new concerns about Chavez stealing it from her. So she finally sold it, he is demanding half of it, and by their law can do that, even though morally incorrect. I personally don't care, can't take that money out of Venezuela anyway.

Was so deep in debt after my divorce, couldn't even see the light at the end of the tunnel, but without her blowing money faster than I could earn it, had it all paid off in five years. Married to the right person, we both became debt free and have a nice nest egg. Hopefully your life will turn out that way.

You don't even have to show tax returns for your five year, but if you knowingly filed a false return, would make that right first, so you can start off fresh with a clear conscious. Can also make payments to the IRS. Better to admit it than to be caught.

[Gigi0101 0]

Thank you so much for your replies, I've found this forums to be very helpful since the beginning of my immigration journey...... It's great to read from actual interviews and make ourselves prepare for our case.....

I'm going to put my pride to the side and contact my ex husband to amend to jointly , at the end of the day he is the reason why our marriage ended....