tax filed as HOH for 2015 - help

[sanil1986 26]

hi all

for the year 2015 i had my job till october 2015

november i went to india and i got married

december i started i-130

i filed my taxes in jan 2016 ( i was still unemployed )

and filed as HOH , it was approved , got my refund and i got my 2015 tax transcript as well

will that be an issue now since i did not file as married filing separately (MFS)

if asked can i say that since i was employed until i got married in 2015 i filed as HOH ?

please help

[aaron2020 11,651]

It's not an immigration issue, but it's a tax fraud issue.

The US tax system is self reporting - so "approval" of your status as HOH is based on YOUR CHOICE in filing status.

For HOH, you need a qualifying dependent relative who lived with you for half a year. Your spouse is not included. If you file for HOH with just your wife, then you committed tax fraud.

Edited February 17, 2016 by aaron2020

[sanil1986 26]

It's not an immigration issue, but it's a tax fraud issue.

The US tax system is self reporting - so "approval" of your status as HOH is based on YOUR CHOICE in filing status.

For HOH, you need a qualifying dependent relative who lived with you for half a year. Your spouse is not included. If you file for HOH with just your wife, then you committed tax fraud.

i showed my parents as dependent

they used to live here ( had SSN and green card )

but now live in india

i support them , that is why the tax guy told me to file as a head of household

i also have the proof of money transactions i did

is it still a tax fraud ?

[aaron2020 11,651]

No, I stated your need for a qualifying dependent to file HOH. Your parents would qualify you to file as HOH. You made the correct choice. You did not mention your parents; you only mentioned your wife.

[sanil1986 26]

No, I stated your need for a qualifying dependent to file HOH. Your parents would qualify you to file as HOH. You made the correct choice. You did not mention your parents; you only mentioned your wife.

sorry about that

and thanks for answering

appreciate your help sir

[aaron2020 11,651]

Since you included your parents on your tax return as dependents, you will need to count them as part of your household for the I-864.

[sanil1986 26]

Since you included your parents on your tax return as dependents, you will need to count them as part of your household for the I-864.

even though they don't live with me ?

if that is the case then the household size which i was initially thinking it be two ( one for myself and one for my wife ) would actually be 4 ( including my parents )

then i have to show assets 3 times the 125% of poverty guideline for a household of 4 = 3 x 30,312 = $90936

is this correct ?

[aaron2020 11,651]

Yes, you count your parents because you claimed them on last year's tax return. It doesn't matter if they no longer live with you. Read the I-864 instructions.

[sanil1986 26]

Yes, you count your parents because you claimed them on last year's tax return. It doesn't matter if they no longer live with you. Read the I-864 instructions.

" To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty Guidelines for your household size. "

so according to the instructions if i have income at least 125 % of my household size

for the last 3 years i had an income of $60000 per year ,

according to the Federal Poverty Guidelines , for a household of 4 the min requirement is $30312

so i should be fine right since my annual income is $60000 ?

[morgan.croft 210]

Yes, you should be fine in that case. Your income is well above the minimum requirement.

[NikLR 13,227]

~~moved to taxes and finances during immigration from IR1/CR1 process and procedures~~