Just curious

[EamanA 3]

Good night I filed my N400 form early last year it’s been pending for a while now, it’s actually my second time filing the first time was three years based on marriage to a U.S citizen but at the time of the interview me and my spouse were separated so the petition was rightful denied  citing seperation and wrong tax filing status ( single while still legally married). This was six years ago I just did a infopass and they said not to worry your case is in good standing and you should be getting a interview letter soon. The question I have is will my past married be an issue now? All my taxes were amended to married filing separate so I should be good on that 

[nightingalejules 678]

It shouldn't be an issue. If asked about it, obviously, be honest. But I'm assuming that you filed while you were still married and living together, and the separation happened in between filing and interview. As for the taxes, again, I'm assuming it was an honest mistake (misunderstanding) of the rules. 

 

In theory, your new application has nothing to do with your prior marriage - as long as the officer who interviews you doesn't think that you tried to circumvent the law the first time, you should be fine. And I think (although I don't know) that the length of time you've waited before reapplying (5 yrs after the initial 3 year filing, and after "getting right" with the IRS) would suggest that you're trying to be sure to get it right this time.

 

No one can be entirely sure what's in the mind of an USCIS officer at any given time, but I think you'll be ok.

[EamanA 3]

All taxes were amended to married filling separate and for why did I file single in the first place was because my tax guy said “ file single it’s perfectly legal and you get more money and credits back”  so I not knowing the laws I took his advice 

[EamanA 3]

But the fact that they said it’s in good standing gives me hope but all I’m doing now is trying to prepare as much as possible for all questions and cover all angles with evidence 

[sunshinestate2013 136]

When did you file the second time around and what is your local field office, @EamanA?

[EamanA 3]

Well when I filed first time my field office was Tampa now it’s going to be fort Myers and my application was received March first of last year and the interview is scheduled for next month 

[sunshinestate2013 136]

6 minutes ago, EamanA said:

Well when I filed first time my field office was Tampa now it’s going to be fort Myers and my application was received March first of last year and the interview is scheduled for next month 

Got it. Thank you for responding. Good luck on your interview!

[EamanA 3]

Thank you 

[geowrian 22,338]

Yeah, you should be fine with the amended taxes and filing based on the 5 year rule. It's possible they will still ask for marriage evidence, but it shouldn't be an issue.

 

15 hours ago, EamanA said:

All taxes were amended to married filling separate and for why did I file single in the first place was because my tax guy said “ file single it’s perfectly legal and you get more money and credits back”  so I not knowing the laws I took his advice 

.I swear there's like 1 post a day for the past month straight about how some tax guy said to file as single while married. I have no idea why so many tax guys/girls speak on a subject they have no experience with and/or with aren't certain of the rules...it always makes things more complicated than they need to be.

Edit: For reference, single is never a valid filing status if married on the last day of the tax year. Only MFS, MFJ, or HOH in some circumstances (i.e. dependent children you can claim) is allowed.

Edited April 16, 2018 by geowrian

[EamanA 3]

30 minutes ago, geowrian said:

Yeah, you should be fine with the amended taxes and filing based on the 5 year rule. It's possible they will still ask for marriage evidence, but it shouldn't be an issue.

 

.I swear there's like 1 post a day for the past month straight about how some tax guy said to file as single while married. I have no idea why so many tax guys/girls speak on a subject they have no experience with and/or with aren't certain of the rules...it always makes things more complicated than they need to be.

Edit: For reference, single is never a valid filing status if married on the last day of the tax year. Only MFS, MFJ, or HOH in some circumstances (i.e. dependent children you can claim) is allowed.

Thank you I don’t think I should have any issues with but I’m just networking to see if there’re anybody in the same shoe. I think I’m well prepare don’t have too much old joint stuffs but I’m going to take the few that I still have 

[EamanA 3]

But as for the tax people I think they want you to make as much as possible because that means they get paid a bigger percentage for the filing fee  also 

[geowrian 22,338]

Everybody is allowed to make mistakes, but when it's a very simple mistake that directly results in a windfall, I think it raises its own questions.

Tax preparers that charge a percentage of the the refund is also a red flag as they are incentivized to make mistakes (since they aren't the ones who will get in trouble unless one can prove they acted fraudulently).

[EamanA 3]

So true but my case is in good standing so I’m confident I’ll be ok 

[geowrian 22,338]

To be clear, I wasn't implying anything about your case specifically...I concur that it shouldn't be an issue. It was more of a remark in general.

Edited April 16, 2018 by geowrian

[EamanA 3]

18 minutes ago, geowrian said:

To be clear, I wasn't implying anything about your case specifically...I concur that it shouldn't be an issue. It was more of a remark in general.

I know