Taxes - N400

[Cata&Ben 199]

 

 

Hi
Can someone help me with an issue I have:

 

I arrived with a K1 visa in 2019 and married in August 2019. I could not work in the US in 2019 (I did not have an employment permit). My husband filed taxes in 2020 for 2019 as a married filing separately. I did not file taxes for 2019 because I could not work. 

We filed taxes as married filing jointly for the years 2020 and 2021, and we will do so in January 2023. 

 

For the N400, I filed the tax returns for 2019 ( husband only), 2020 (together), and 2021 (together).

 

My question is:
Am I going to have a problem here because we did not file jointly for 2019 (even if we only were married for four months and I was not working?) 

Also, if this is a problem, how should I resolve this issue?

Thanks!

 

Cata

Edited November 20, 2022 by Cata&Ben

[Mike E 11,739]

6 minutes ago, Cata&Ben said:

My husband filed taxes in 2020 for 2019 as a married filing separately. 

Why not jointly?

 

7 minutes ago, Cata&Ben said:

Also, if this is a problem, how should I resolve this issue?

He should file  an amended return. Since this will result in a tax refund due to lower tax  rates and higher deductions for couples, the costs of refilling will eventually pay for themselves and more. Should easily cover the cost of N-400 too.  

[Crazy Cat 41,804]

You and your spouse could have (and probably should have) filed a joint return in 2019.  You do not have to be working to file a joint return.   Other than the fact your husband owed more taxes by filing separately, I don't see an issue.  I would upload a short letter explaining that you had no income, and your husband chose to file separately for 2019...or, even better, amend the 2019 taxes as @Mike E stated.

Edited November 20, 2022 by Crazy Cat

[Mike E 11,739]

Btw the deadline to file / amend 2019 taxes for the purpose of a higher refund is April 15, 2023.  

[Cata&Ben 199]

Thank you @Mike E and @Crazy Cat

I appreciate your help.

I will ask to our accountant to help us with this issue. 

Cata

 

[Chancy 6,241]

4 hours ago, Cata&Ben said:

For the N400, I filed the tax returns for 2019 ( husband only), 2020 (together), and 2021 (together).

 

Your timeline indicates that you got your GC only in 2020.  Which means you only need to submit your tax filings for tax years 2020, 2021, and 2022.  Tax paperwork for 2019 not required in your case.

 

That said, I agree with the suggestions above to amend your filing to MFJ for tax year 2019.  Even if not required for your N-400, amending to MFJ will likely get you additional tax refund.

 

[pazzee 29]

For what it’s worth, my ex and I never filed jointly and I was approved for N400. We were both self-employed and itemized our deductions. For both obtaining my green card and the removal of conditions, we had pretty strong evidence of a bonafide marriage. It was never brought up in the green card interview or the citizenship interview. I personally wouldn’t loose sleep over this.

[OldUser 6,602]

40 minutes ago, pazzee said:

For what it’s worth, my ex and I never filed jointly and I was approved for N400. We were both self-employed and itemized our deductions. For both obtaining my green card and the removal of conditions, we had pretty strong evidence of a bonafide marriage. It was never brought up in the green card interview or the citizenship interview. I personally wouldn’t loose sleep over this.

YMMV, better be safe than sorry. For the OP there is no downside for filing MFJ because they can get more $$$ back.