Helppp

[arelymursegura]

Hey guys. I am kind of new to this post but ive been reading this forum for a while. So I filed my husbands i485, AP, work permit and i130. I am a US Citzen and we got married 2017 but we were living in mexico and moved here with my parents this year. I was new to filing taxes and also our immigration papers were filed by a lawyer. My problem is that I files my taxes as head of household on accident I didnt know that my husband could get an iitn number and since he doesnt work I didnt bother to include him in my taxes. Now i know i made the mistake and im worried his applications will be delayed due to my stupid mistake. I know i can amend my taxes and I will be doing it but I wish i wouldve known sooner. can our application be denied? Will it delay the process? We also have a one year old daughter with both names on her birth certificate.

PD: 04/25
biometrics will be on the 22nd of May.

[Sabrina1977]

I have been having great problems in getting an itin number. So we r in a smilier position.

[Enub4]

I don't think the tax documents are the only thing they look into, they need other information/documents too. As long as you have other documents/proof that your marriage is bona fide, I think your case will be ok.

[lina8529]

I think you will be fine as he actually did not even file taxes. If you filed separatly then it would have rised flags. Joint tax return is not a must requrement and a lot of married couples still file separate for different purpose. Seems like you have a long relationship so you will probably have plenty of other evidance that they would not care about the tax.

[Gemini21]

If he isn’t working, then aren’t you the “head of the household”?
I think you will be fine. Best wishes!

[newacct]

If he isn’t working, then aren’t you the “head of the household”?
I think you will be fine. Best wishes!

One must be unmarried or legally separated (or live apart from the spouse for the last half of the year) and have dependents in order to use the Head of Household filing status. Anyway, this is a tax law matter, and the OP filed their taxes wrong and is amending it. It isn't really an immigration issue.

[Gemini21]

One must be unmarried or legally separated (or live apart from the spouse for the last half of the year) and have dependents in order to use the Head of Household filing status. Anyway, this is a tax law matter, and the OP filed their taxes wrong and is amending it. It isn't really an immigration issue.

My accountant always filled for me as a Head of Household before getting married. We always learn something Thanks

[lina8529]

If you have dependants you are head of household. But to go back to you original question again if you both file as separate(single) then it migh have been a slight issue or at least asked why. he did not file at all so it shoudl be okay. If you have a clear cut case and provide enough of other evidance then its fine. We have seen cases where people bring tax returns to the interviwe but officers refuse to take them. If you interviwe comes close to filing season in 2019 and they have an issue with it they might aske you to show joint 2019 return, but again you are fine.

[love21_]

My husband filed as head of household during tax time, and it was accepted by USCIS. I wasn’t working at the he filed the tax, and I didn’t have an ssn so I don’t think that’s a problem.

[newacct]

If you have dependants you are head of household. But to go back to you original question again if you both file as separate(single) then it migh have been a slight issue or at least asked why. he did not file at all so it shoudl be okay. If you have a clear cut case and provide enough of other evidance then its fine. We have seen cases where people bring tax returns to the interviwe but officers refuse to take them. If you interviwe comes close to filing season in 2019 and they have an issue with it they might aske you to show joint 2019 return, but again you are fine.

Married Filing Separately is very different from Single. If you are married as of December 31 you cannot file as Single. Do not confuse them. It's also not true that "if you have dependents you are head of household". You also need to be unmarried or "considered unmarried".

[lina8529]

I did not say separate and single are the same thing. Also you could file as head of household if you are not file jointly. If you read instructions on 1040 you will find that!