Immigration and Taxes

[dbadeaux]

What is the name of your state?What is the name of your state? LOUISIANA

I recently Married a Canadian citizen. She has been living with me since January 2000. She has not worked or received income of any kind, but she was also here illegally as she came into the US for a visit and stayed. As stated, we have since married and have taken care of her immigration status.
My question is, could I have used her as a deduction on my previous Income Tax returns (2000 - 2003)? I did not for fear of having her deported or simply not having the right to claim an illegal alien. I have heard recently though that Canadian citizens are different when it comes to being able to file taxes and such. Should I file a 1040X and amend my returns from 2000-2003?

 

[LdiJ]

What is the name of your state?What is the name of your state? LOUISIANA

I recently Married a Canadian citizen. She has been living with me since January 2000. She has not worked or received income of any kind, but she was also here illegally as she came into the US for a visit and stayed. As stated, we have since married and have taken care of her immigration status.
My question is, could I have used her as a deduction on my previous Income Tax returns (2000 - 2003)? I did not for fear of having her deported or simply not having the right to claim an illegal alien. I have heard recently though that Canadian citizens are different when it comes to being able to file taxes and such. Should I file a 1040X and amend my returns from 2000-2003?

You could have obtained an Individual Taxpayer Identification Number (itin) for her and you could have claimed her as a dependent. You can go back and amend your returns to do so now if she has either an itin or an SS number now. Its too late for 2000, but you could still amend 2001-2003.

 

[dbadeaux]

Thank You LdiJ...One other question...

Before I go ahead and file 1040X to amend my tax returns from 2001-2003 (she does have a SS# now by the way) will the fact that she was illegal during those years have any impact on the amended return?
Once again, thank you so much for taking the time to answer my first question.

 

[LdiJ]

Before I go ahead and file 1040X to amend my tax returns from 2001-2003 (she does have a SS# now by the way) will the fact that she was illegal during those years have any impact on the amended return?
Once again, thank you so much for taking the time to answer my first question.

No, it will not. I know that seems odd, but it has no effect at all.

 

[dbadeaux]

Thanks LdiJ, 1040X has been filed

Well, I filed form 1040X for years 2001-2003. I'm pretty sure I filled everything out correctly. Made copies of everything. Thanks for your advice. Wish me luck!

 

[LdiJ]

Well, I filed form 1040X for years 2001-2003. I'm pretty sure I filled everything out correctly. Made copies of everything. Thanks for your advice. Wish me luck!

I wish you the best of luck....you should be fine but I would have been happier if you had used a paid preparer for the amendments...they can be tricky.