Tax filing status and n400 application

[Charro 17]

I have posted this on two other boards but I am curious to hear the feedback from this group.

I am filing the n400 application. I am married and I have had my green card for more than five years. I have paid my taxes all the past years. However our tax preparer has used " head of household " and not married filing jointly . I did apply last year under the married to a us citizen category and it was denied due to the tax filing status. I understand why it was denied based on that category but will it be denied again under the 5 year category ? The interviewing officer recommended amending the taxes. We did not. Very exoensive. We will be filing under the correct status from now on. The officer also suggested waiting and filing under the 5 year category, as there is less paperwork etc . i have asked two other lawyers their opinions on this. One said to just reapply under the 5 year rule and the other said to do the same but maybe amend a few years back just to be on the safe side. Has anyone encountered such am issue? Thanks .

[Charro 17]

I should add the denial letterl stated " denied without predjudice ...."

[Done--Really 331]

Did you qualify as head of household, or was your accountant being too aggressive. If you did not qualify, you can amend and refile up to trhee years after the fact--no harm, no foul. That will get you square with the IRS, and presumably USCIS as well.

As to cost to amend, it should be quite small unless you have a really complex tax situation.

http://www.irs.gov/pub/irs-pdf/f1040x.pdf

[JohnR! 5,495]

I understand why it was denied based on that category but will it be denied again under the 5 year category ?

You should not be denied if you file under the 5-year residence category. Good luck!

[Charro 17]

Thank you both ! @ Magical , our tax situation isn't complex so we should just amend and get that done with.

[VanessaTony 3,567]

I have posted this on two other boards but I am curious to hear the feedback from this group.

I am filing the n400 application. I am married and I have had my green card for more than five years. I have paid my taxes all the past years. However our tax preparer has used " head of household " and not married filing jointly . I did apply last year under the married to a us citizen category and it was denied due to the tax filing status. I understand why it was denied based on that category but will it be denied again under the 5 year category ? The interviewing officer recommended amending the taxes. We did not. Very exoensive. We will be filing under the correct status from now on. The officer also suggested waiting and filing under the 5 year category, as there is less paperwork etc . i have asked two other lawyers their opinions on this. One said to just reapply under the 5 year rule and the other said to do the same but maybe amend a few years back just to be on the safe side. Has anyone encountered such am issue? Thanks .

They flat out told you that you were denied because of tax filing status?? I doubt it. It had to have been for other reasons as well because you don't need to file as married joint to be approved. I would be willing to bet you lacked other proof of relationship.

Either way, your marriage isn't relevant to file based on 5 years.

Edited February 26, 2013 by Vanessa&Tony

[Charro 17]

Yes he " flat out told me I was denied because of filing status ".. He was very nice about it though. He explained that filing based on the three year rule i.e bring married to a USC for three years one must prove you are living in a marital union. The filing status our tax preparer used was HOH ( head of household ) instead of MFJ( married filing jointly ). HOH status is to be used for single persons with a qualifying dependent and married person wirh dependent and spouse not living with them for the past 6 months. So of course we should not have used the HOH status . The interviewing officer even stated that once that is seen on the return it is always denied. Again this is only for the 3 year rule being married to a USC. The denial letter they sent also stated that that was the reason for the denial. Every other piece of documentation I sent in showed we were obviously married in good faith and living together. The one piece that created the issue was the tax return's filing status. Remember he did give me the opportunity to amend the taxes. I just chose not to as it seemed too expensive to do.

[VanessaTony 3,567]

Yes he " flat out told me I was denied because of filing status ".. He was very nice about it though. He explained that filing based on the three year rule i.e bring married to a USC for three years one must prove you are living in a marital union. The filing status our tax preparer used was HOH ( head of household ) instead of MFJ( married filing jointly ). HOH status is to be used for single persons with a qualifying dependent and married person wirh dependent and spouse not living with them for the past 6 months. So of course we should not have used the HOH status . The interviewing officer even stated that once that is seen on the return it is always denied. Again this is only for the 3 year rule being married to a USC. The denial letter they sent also stated that that was the reason for the denial. Every other piece of documentation I sent in showed we were obviously married in good faith and living together. The one piece that created the issue was the tax return's filing status. Remember he did give me the opportunity to amend the taxes. I just chose not to as it seemed too expensive to do.

Ooohhhh okay no. You weren't denied for not filing "married joint", you were denied for filing as a "single persons with a qualifying dependent and married person wirh dependent and spouse not living with them for the past 6 months" which is basically you saying either you're single or you're not actually living together... which for filing based on 3 years marriage to a USC is important.

The reason I'm making this distinction is, my husband and I had to file married separate this year for financial reasons. The fact that we filed "married separate" will not (should not) affect my N-400 application because 1. We ticked the box saying we are married and living together for last year and 2. Our address is the same. We are not anticipating a problem with this, there are other members who file married-separate as well...So basically you only need to file "married" something... doesn't matter if joint or separate.

Anyway it's moot now but you should be fine now. Good luck!

[Charro 17]

Thank you. Good luck with your natrualuzation process!!

[Charro 17]

@ Vanessa &tony , I saw this on AVVO ( attorneys answer your legal questions online) . Person was asking about married filing separately and applying for natrualization . Just sharing so you are prepared.

"Answered about 4 years ago. No it shouldn't affect anything. As long as you are reporting income and paying taxes the immigration service should be content. At your interview they may ask you why, because it suggests you're not living together, but there are many valid reasons why married people file separately and you should simply point out it was an economic choice." Again good luck !

[VanessaTony 3,567]

@ Vanessa &tony , I saw this on AVVO ( attorneys answer your legal questions online) . Person was asking about married filing separately and applying for natrualization . Just sharing so you are prepared.

"Answered about 4 years ago. No it shouldn't affect anything. As long as you are reporting income and paying taxes the immigration service should be content. At your interview they may ask you why, because it suggests you're not living together, but there are many valid reasons why married people file separately and you should simply point out it was an economic choice." Again good luck !

Thanks I admit I was terrified when I first realised this was our best recourse but thankfully I'm a member of this forum with such lovely helpful people