Head Of Household While Married

[Aloud 11]

So I am in the process of more than likely amending my 2016 tax returns as so is my husband. We got married last year in June and we filed as "Head of Household" and "Single"

 

Husband is amending his taxes to married but filing separately and I will as well. I was claiming Head of Household as I was living with my mom and was claiming my younger sister as I am financially more available to her. While we lived in temporary homes due to needs we were pretty much married. We won't make the mistake of filing incorrectly next year as there won't be any need as everything is back in order.

 

I've been getting the run around that I don't need to change my filing status but I don't want it to be an issue when removing conditions to my GC next year or for when I become a citizen. Should I leave my taxes as is or should I continue with the amending process?

 

Thanks 

[MariaR323 199]

Just going based on the details provided... it sounds like you may have been eligible for the HOH filing status for 2016. Your husband, if not also eligible for HOH, should have filed MFS.

 

The choice to amend is pretty much up to you and/or other specific details which would make you ineligible to use the HOH status... like did you live apart for the last 6 mos. of the year in 2016. See this link for more info on HOH: https://turbotax.intuit.com/tax-tools/tax-tips/General-Tax-Tips/Guide-to-Filing-Taxes-as-Head-of-Household/INF23153.html

 

In a perfect world... Immigration officers who review case files (which includes tax return review) should know the different filing statuses, what they each mean and appropriate questions (if any) related to each. This situation sounds like one of these, whereby you using the HOH status and your husband (correctly) using the MFS status could be easily explained and validated.

 

Whether or not you file HOH & MFS or MFS & MFS it will still be looked at a little closer for the mere fact that you are not filing jointly. So just be prepared in case any questions come up if you are requested to appear for an interview.

 

 

[Aloud 11]

I feel like it can be very easily explained if it comes down to an interview. There is no doubt that our marriage is real and we have proof that goes beyond the tax returns. Next year we will look into filling jointly depending if its financially better for us or simply file married but filling separately 

 

I just don't want it to be an issue for denial as I had heard that someone got denied citizenship because of incorrect filling status. I did help my mom/sister financially and was there for them but at the end of the day I am married. 

 

Worst case scenario is I file for ROC next year and if they ask for me to amend then I can amend there since I can amend up to three years from 2016. I can also forgo the 2016 returns and just send next years but they will probably ask for both years...

 

The tax person that prepared my documents said I can file as HOH but that she's not an immigration expert when it comes to what USCIS will think.