filling status head of household

[JV4RMGTO 1]

my wife filled single in her tax return 2012 2013 2014 i filled head of household will this be an issue during my interview next week? we have mortgage under both names bank account together utilities both names vehicle insurance both names...

[belinda63 3,038]

Are both of you living in the same household? Are you still married? Then you must file married filing jointly or married filing separately.

[JV4RMGTO 1]

yes we live together, file same address she files single i file head of household. am i to take our tax returns to my interview. or will it be an issue? will i get denied?

[NancyNguyen 1,657]

Can't tell, you need to explain. Approval is up to USCIS.

[belinda63 3,038]

It may not be a problem with immigration but it might be a problem with the IRS. Either you are married or you aren't married. If you are married you must file as such. What you are doing is tax fraud and if caught by the IRS you could be subject to fines and penalties. Please read the instructions for the tax forms which explains what filing status you may use in your situation.

[Ms Hogan 295]

How long have you been married?

[JV4RMGTO 1]

13 years

[huy_le 32]

If you did this knowingly, this could be deemed by USCIS as a lack of moral since this is tax fraud. Say, if you somehow got through USCIS, you will likely run into problems with IRS later. 13 years is a long time, you will be charged hefty interest assuming you owe IRS tax when you amend your taxes, but that is something you should do before things get even worse. I once forgot to include one of my W-2's and it was around $15 for the 6 months period given that the money I owed IRS after amendment was only around $200 something. Go do the math and save the money to do it sooner than later before more interest is accrued.

Edited March 25, 2015 by huy_le

[aaron2020 11,651]

The answer stays the same. You've already hijacked another person's thread and had your question answered.

http://www.visajourney.com/forums/topic/542157-n-400-taxes/?fromsearch=1

In order to file as head of household when married, the two of you are either legally separated or living apart.

How are you going to reconcile that?

Amend and pay your taxes.

Edited March 25, 2015 by aaron2020

[JV4RMGTO 1]

we been married for 13 years and we filed together before.. but in 2012 2013 2014 she filed single only 3 years not 13 years

Edited March 26, 2015 by JV4RMGTO

[huy_le 32]

It does not matter when, you must amend your taxes.

[novedsac 355]

we been married for 13 years and we filed together before.. but in 2012 2013 2014 she filed single only 3 years not 13 years

Okay, you've got three years from the original filing deadline to amend a tax return. For example, April 15, 2015 is the deadline for amending a 2011 tax return. Therefore, you are within the window to amend tax returns for the years you noted above (2012, 2013, 2014).

You will need to amend those tax returns to avoid issues with the IRS. If you amend as MFJ, then I would be surprised if you owed any additional tax; you may find yourself gaining a refund. If so, then there will be no penalties due and likely the IRS will never question it. If you do realize an additional tax liability, then you'll need to pay it as well as penalties and interest accumulated from the original due date. If you owe a lot, then you could work out a payment plan with the IRS. However, amending MFJ from HOH/S is most likely going to put money in your pocket.

If you've got your paperwork together, forms and instructions from previous tax years are available at the IRS website and you could have this sorted out in a month or so.

Get this done before you proceed with naturalization.

[JV4RMGTO 1]

MY INTERVIEW IS NEXT WEEK ON MONDAY 3/30/15

[Shauneg 762]

Maybe irrelvelant, but why would you two do that? It's just going cause problems and possibly bring up morals issues and definitely a problem with IRS. Need to amend eith the IRS asap.

[Penguin_ie 5,993]

Amend your tax returns now, and when you go to interview next week, show that you have filed amended tax returns.