Tax returns on N400

[rickyminator 15]

I am filing under 5 year rule, am divorced, me and wife separated in December 2020 and divorce filed in April. When I did my taxes for 2020 I did them almost late in April and since we were separated I filed as single. Would that be an issue if asked for tax transcripts during interview? Should I stil have filed as married even tho at the time of filing we were separated? 

[OldUser 6,608]

2 minutes ago, rickyminator said:

 Should I stil have filed as married even tho at the time of filing we were separated? 

Yes, you filed incorrectly.

The valid options were:

 

1) Married filing jointly

2) Married filing separately

 

Option "Single" was wrong.

You needed to go for option 2.

You can still amend your taxes and give USCIS corrected version when you apply for N-400

[Verrou 1,962]

2 hours ago, rickyminator said:

I am filing under 5 year rule, am divorced, me and wife separated in December 2020 and divorce filed in April. When I did my taxes for 2020 I did them almost late in April and since we were separated I filed as single. Would that be an issue if asked for tax transcripts during interview? Should I stil have filed as married even tho at the time of filing we were separated? 

depend on the state, most of the time u have to put what's ur marital status on december 31 when u file in the following april next year. there's no " i'm married but separated therefore im single' option.

 

i told 2 different people who doesnt know each other at least 10 times to file married separately but yet they wont do it and playing deaf and choose "single" because they are trying being cute and keep saying "but I'm separated".  i forced them to make an amended otherwise i wont help with their application. end up more work for them

[SalishSea 17,801]

45 minutes ago, Verrou said:

depend on the state, most of the time u have to put what's ur marital status on december 31 when u file in the following april next year. there's no " i'm married but separated therefore im single' option.

 

i told 2 different people who doesnt know each other at least 10 times to file married separately but yet they wont do it and playing deaf and choose "single" because they are trying being cute and keep saying "but I'm separated".  i forced them to make an amended otherwise i wont help with their application. end up more work for them

Why would it depend on the state?   Federal tax law is the same in all 50 states.

[Verrou 1,962]

Just now, SalishSea said:

Why would it depend on the state?   Federal tax law is the same in all 50 states.

i read somewhere that marital status ruling is different, let me see if i can find the source. it's been a while

[OldUser 6,608]

14 minutes ago, Verrou said:

i read somewhere that marital status ruling is different, let me see if i can find the source. it's been a while

No divorce decree = married?

Isn't it as simple as that?

[rickyminator 15]

Yes, I called my accountant today and we will be filing an amended one. Definitely will delay me filing my n400 as it can take 3-5 months to get it sorted out by the IRS

[top_secret 2,407]

22 minutes ago, rickyminator said:

Yes, I called my accountant today and we will be filing an amended one. Definitely will delay me filing my n400 as it can take 3-5 months to get it sorted out by the IRS

 

If it were me,,,, I would amend it just to be safe but I wouldn't delay filing N400 based only on that.  More than likely USCIS wouldn't even question it and if they did, you would have a filed amended return you could show them that you have corrected it properly.

[OldUser 6,608]

3 minutes ago, top_secret said:

 

If it were me,,,, I would amend it just to be safe but I wouldn't delay filing N400 based only on that.  More than likely USCIS wouldn't even question it and if they did, you would have a filed amended return you could show them that you have corrected it properly.

+1 you don't have to submit tax return transcripts in initial filing. Worst case you'd reply to RFE / bring it to interview.