Tax Transcripts problem/issue?

[ngo3361 8]

Hi everyone,

I was married to my husband in June 2010. He is US-born. I first got my GC in January 2011, so I'll plan to file N-400 in November 2013. I requested IRS transcripts for the year 2011 and 2012 which were filed as marriage filling jointly.

The problem is the year 2010. Since we were married mid-year, I told my husband that I filed as marriage filling separate and asked him to do the same. I just found out that he filed as single!!! I was so mad at him, but it's not the main point.

The main point is that I am supposed to include taxes for the last 3 years, that would be 2010, 2011, and 2012, if I file in November 2013. I could have waited until April 2014 to file N-400 after we file taxes for 2013, but I would like to get this done as soon as possible.

My question is: would it be ok if I just include taxes for 2011 and 2012 with my application in Nov 2013? Then I would bring my 2013 taxes at the Interview (which would probably be around April/May 2014).

Thank you in advance.

[BigDaddy28 228]

see you got married in June 2010, the last date to file taxes was april15th 2010. So you were not supposed to file married separately or jointly since you were not married at all. I think you should wait until the next tax season and apply (after filing in 2014). You can file for the citizenship and send them 2011,2012 and then when you get your interview bring your 2013 with you. You will file in November so definitely your interview will be after January so you have time to get your tax returns.

[The Mean Lady 604]

see you got married in June 2010, the last date to file taxes was april15th 2010. So you were not supposed to file married separately or jointly since you were not married at all. I think you should wait until the next tax season and apply (after filing in 2014). You can file for the citizenship and send them 2011,2012 and then when you get your interview bring your 2013 with you. You will file in November so definitely your interview will be after January so you have time to get your tax returns.

I think you are very confused.

Filing by april 15th 2010 was for 2009 taxes and for 2009, she would not have been married.

If they were married as of December 31 2010, then when she filed in 2011 for 2010, it would have been married... like she said.

[ngo3361 8]

Yes, I filed my 2010 tax as marriage filling separately (per my husband's request), but for some strange reason, my husband filed his as single!!!

Another option for me would be to file N-400 in January 2014. That way I could include 2011 and 2012 transcripts, then bring my 2013 transcript at my interview.

Thoughts please? Thank you!

[The Mean Lady 604]

Sorry I don't know anything about what you're doing, just that you filed your taxes just fine.

However, your husband didn't, so suggest he might consider filing an addendum to correct.

You can also change that to file jointly if you wanted, then, problem solved.

[hieumin 2]

your husband must amend his tax return on 2010 because he violated the tax law. He should have filed married separately but he did not. Problem with your tax return may delayed your citizenship application eventhough you wait for another year and uscis find it.

Edited July 1, 2013 by hieumin

[BigDaddy28 228]

yes I'm sorry I got confused on the dates lol. I'm sorry again. Now the only way to fix that is to tell your husband that he has to fix his mistake by amending it. I don't know how that process goes honestly but it needs to be done in order for you to apply for citizenship. USCIS will question you and him about that if it's not fixed and they could give you trouble for it. Fix the taxes, get a copy of it and then file N400. If you want to you can ask to do yours and make it as married filed jointly but married filed separately is good also. All USCIS is looking for is the married part. Good luck.