Wrong filing status on taxes, now applying for citizenship....

[Gigi01]

I'm applying for citizenship based on the 5year rule , got my green card based on marriage in May 2007' removed conditions 2 years later May 2009 ....

Around February 2010 , found out my husband was having an affair he denied it until I met with the young girl he was having the affair with , after that everything went downhill....

I didn't want anything to do with him and decided to kick him out, I looked for a lawyer and to my surprise I couldn't file for divorce in the state of New York, unless if I could proof abuse or being separated for a year..... Thank God six months later they changed the law to a no- fault state so I file for divorce in October 2010 and the divorce became final March 2011...

However, while we were separated I had to do my taxes , so I told the person who prepared my taxes the situation, and I guess he told me what I wanted to hear that it was ok for me to file single since I was no longer living with my husband....
So I filed on April 2010 my 2009 taxes as SINGLE
April 2011 my 2010 taxes as SINGLE

Now I come to find out that , this might be an issue for my naturalization, I went back to a different tax preparer and he told me I don't qualify as head of the household (no dependents) and if I filed married filing sepateratly I don't qualify for the student credit and will have to pay back $3,900 and that's money I can't afford right now....

From reading on this forum on naturalization interview experiences, got mixed experiences on wether they were asked for their tax transcripts.... Should I risk the interviewer noticing the issue and then fixing it, or should I leave it alone... I've consider contacting my ex husband to amend those years but I want nothing to do with him and really want to avoid that route....

**** * I only been out of the country for a total of 45 days during these 5years, and I get a w2 from work where I've been working for almost 5years ****


Thank you in advance ......

[osweiti50]

have you got your W-2 from your employer for 2011?

[Gigi01]

I did I already filed my 2011 tax return, I do have my W2 for 2009-2010-2011.....

My interview is June 18 2012 in NYC Federal Plaza

[osweiti50]

So you are a regular tax payer because W-2 is the proof. The interviewer goes through your N-400 line by line and asks to confirm your answers, in fact when she/he reaches the question of the federal tax and state tax (if any) he/she asks whether you pay the tax or not your answer should be solid "YES", if it happens that she/he asks about tax transcripts ( which very rarely) then show your w-2 forms...and if she/he insists to have transcripts then you may need to go back to your ex-husband. I propose that "leave it God", things will go smooth. Take your tax returns with you...don't panic...Good Luck

[Gigi01]

Thank you for your Osweiti for your comforting reply..... You're totally right I'm panicking about this situation , I'm just afraid they might deny me because of lack of moral character ..... I need to focus on the positive , I've never fail to file my taxes, don't have any long trips so hopefully they won't need to see them.....

[osweiti50]

Look please relax, study carefully the Civic & Language test materials, things are simple & straightforward, review your N-400 you submitted, listen and answer, if you feel unclear ask clarification, take with you to the interview an additional copy of your divorce certificate, all your previous passports since you became LPR, you driver license, copy of your tax returns, copy of your W-2 forms, be at the USCIS Local Office 20 minutes before your scheduled interview time, take the interview letter with you (keep another copy with you for just in case)...etc. By the way my email is [email protected] if you feel you need any help please email me. My advice is keep up with your faith....God bless you...Good Luck.

Note: If you reside far away from your USCIS Local Office/Field Office (the place of the interview) then I advise you to travel to that place one day before (that is exactly what I did...) your interview day.

[Gigi01]

Thank you for calming my nerves, Im going to post my interview experience and let you know how it goes is next monday..... Planning to get there an hour before the interview to go through security , live 20 minute train ride from the city , I'm going to give myself an hour to get there since you never know with the MTA if they have signal problems or something going on.....

[osweiti50]

Wish you the best of luck...I am sure everything will go smooth...you will do...looking forward to hearing good news.

[Gigi01]

Hey Osweiti as promised , here I come back to report my interview experience....

I passed!!!!!!!!

She didn't request to see my taxes thank God I lost so much sleep over this issue....... Even when she went through the question of being arrested or cited I told her I had traffic violation she asked me was it a DUI I told her no, she said oh ok no problem and moved on. I did have proof of payment for those in case, but she didn't request them.....

Thank you so much for your advice

[osweiti50]

Congrats my friend...that means you got the letter that says...congrats you passed the interview? have they determined the Oath ceremony date? Keep me posted.

[Gigi01]

Thank you, I did receive the letter saying congratulations... My interview appointment was 1:30 and they took me in around 4:30pm by that time they shut off the fans, TVs and by the time I came out 5pm they were mopping the floors..... but she did say I was approve that I should receive the oath letter in 3 to 4 months if I don't receive it in 120 days to call them...... I did notice people getting oath letters earlier, but mine was so late and I know what she told me was the standard time.... I'll def keep you post it....

[osweiti50]

Check when it will be the next Ceremony dates of your Field Office, what they told me during my interview is the same that you will get it within 120 days but I got it in exactly 10 days. My email is with you please keep me posted.

[Gigi01]

I felt like 120 days is a lot, but I figured that's their standard timeframe otherwise people will start calling them with a week..... Hopefully I will get it soon , in NYC they have judicial oaths every Friday , but the number of applicants here is high so I don't think I could go by that....... I changed my last name into my mother's maiden name , so I have to wait for judicial.... I'll def keep you post it.....