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Immigration and unknowingly lying or falsifying Taxes!!!

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#1 Moray85


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Posted 07 January 2013 - 12:29 PM

My husband is an illegal alien who is in the middle of filing for citizenship in the U.S. I have for the last 3 years filed unmarried and single because I was told to do so by a friendly ***** rep. at a **** in Indiana about 4 years ago because he had no social security #. I was told he could not file and since he was not legal we were not legally married. So i should file unmarried and single. About 2 years ago he obtained an ITIN # and has since then been fileing every year as married but seperate. When he went to file today they told him that we needed to file together or it might affect his immigration case. Have we done something wrong? I dont know any thing about taxes or tax laws. I'm wondering now if taking that womans advice was the right thing to do. We are scared to death and waiting on a call from our immigration attourney. PLEASE HELP! NEED ADVICE!!!

Edited by FindLaw_AHK, 07 January 2013 - 02:01 PM.
This post has been edited to remove personal or identifying information. -Moderator

#2 Tax_Counsel


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Posted 07 January 2013 - 08:20 PM

Who told him that filing jointly was needed to improve his immigration case?

A couple of tax basics. Your filing status is determined by your marital status on December 31 of the tax year. If you are married, your choices are married filing jointly or married filing separately. You cannot file as single. Aliens can file tax returns and must do so if they have taxable income. He was likely for most of those years considered a resident alien for tax purposes (even though for immigration purposes he was here illegally) which would make all his worldwide income subject to U.S. tax. If he had taxable income in prior years for which he has not filed a return, he ought to get that fixed and file the returns now. For any returns filed within the last 3 years, you may amend the single returns to married filing jointly if you wish. Otherwise, you will need to amend to married filing separately and he'd filed separately. Filing jointly is never required; it is an option that the married couple may choose if they wish.

Filing jointly or married filing separately should not make any difference in his immigration case. There are all kinds of reasons why a married couple might file separately, and it's not something that ICE or USCIS should care about. They do, however, care if he was supposed to file returns and didn't comply with the tax law.

#3 pg1067


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Posted 08 January 2013 - 07:00 AM

By the way, filing as "single" when you are, in fact, married is not "unknowingly lying or falsifying Taxes." Anyone who advises you to state something on an income tax return which you know to be untrue is giving you bad advice.

#4 Guest_FindLaw_Amir_*

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Posted 10 January 2013 - 01:09 PM

Did your Immigration Attorney clarify this matter?

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