For the last 3 years my husband and I have filed our taxes separately as ‘head of household’ each. We were in a rough phase in our relationship and though not divorced; he moved in with his girlfriend and claimed her kids on his taxes.
Now things are ok again and we moved in back together.
The problem is that my immigration officer wants both our taxes for the last 4 years. How can I explain why we filed separately instead of joint?
I have 30 days to submit form I-1722 for years 2003 to present for me and spouse.
2007-09-18 19:54:23 · 3 answers · asked by twinkletoes 1 in Politics & Government ➔ Immigration
No, he was definitely not allowed to claim the girlfriend's kids, and you probably were not both allowed to claim head of household, and it's very possible that neither one of you were. You can only claim head of household if you provide over half of the cost of maintaining a home for a closely-related dependent, and unless the dependent is a parent, that person has to live with you. You don't mention having kids of your own biologically - if you do, it's possible although not for sure that the parent they lived with might have been able to claim head of household - but not both of you unless you have multiple children and at least one lived with each parent. Even then, if you lived together at any time during the second half of the year, you were not allowed to file as head of household.
As far as explaining why you filed separately, that's not a problem, just tell them you were temporarily separated.
As far as any illegal items on your filing, you need to get those corrected asap by filing amended returns for those years. You're likely to owe money to the IRS, plus penalties and interest - you'll have to pay back whatever extra you got because of the illegal items on your filing or filings.
2007-09-19 03:57:18 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Tell them the truth. If you are evasive, they will see that as a problem.
I'm afraid the IRS could have the most problem with your husband's tax returns. Not sure he could claim a girlfriend's children as dependents.
Good luck.
2007-09-19 03:06:14 · answer #2 · answered by NoAmnesty4U 3 · 1⤊ 0⤋
bring in your rent or house payments and the address and the same for him
2007-09-19 03:04:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋