i751 Head of household issue

[iog957 0]

Will this be a problem? I discovered that my US citizens wife filed her tax return as head of the household for 3 years, i correctly chose married filing separately on mine for all those years. We initially agreed to keep our tax separate due to my crypto trading issues. Will that be an issue to USCIS? My taxes are technically correct, we both listed the same address on our return. We do have a joint bank account, joint car insurance, ect...I guess, is it ok if i only submit my tax return and leave her return out?

[JeanneAdil 6,511]

it may cause an issue for her with IRS 

but you can submit your returns and the other proofs of joint accounts

 

https://www.irs.gov/faqs/filing-requirements-status-dependents/filing-status/filing-status

 

No, you may not file as head of household because you weren't legally separated from your spouse or considered unmarried at the end of the tax year. To be considered unmarried at the end of a tax year, your spouse may not be a member of your household during the last 6 months of the tax year and you must meet other requirements.

 

 

[SalishSea 17,836]

1 hour ago, iog957 said:

Will this be a problem? I discovered that my US citizens wife filed her tax return as head of the household for 3 years, i correctly chose married filing separately on mine for all those years. We initially agreed to keep our tax separate due to my crypto trading issues. Will that be an issue to USCIS? My taxes are technically correct, we both listed the same address on our return. We do have a joint bank account, joint car insurance, ect...I guess, is it ok if i only submit my tax return and leave her return out?

She should amend the past returns since she was not eligible for that filing status.