QUESTION

What are the requirements that I need to provide when I declare my daughter?

Asked on Apr 19th, 2011 on Immigration - California
More details to this question:
I was told in an earlier question that there's no problem in declaring your child/children when filling up an application form for citizenship as I mentioned that my daughter is not currently living with me; Thank you for that, it gives me a little relief in pursuing my application but my major concern for now is that a good acquaintance of mine has mentioned to me that you cannot claim your child/children when filing your income tax every year if they are not living with you which I honestly have really NO IDEA AT ALL about that law. So, having said that I am so terrified now and confused in filling up my application for citizenship and providing all the necessary documents and by that I am so worried that I may not be able to bring my fiance here with me using the fiance visa in any way. My big question is, is that really true? And if so is there any way that I can still pursue my citizenship application in order for me to bring my fiance here with me so we can live and start our new life together as a couple? Please, please, please help me with this matter. Can you please give me a much more effective, safe and legal way to put these things together so we can live our life here in US to start our own family?
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2 ANSWERS

Immigration Law Attorney serving Costa Mesa, CA
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This is not the forum to provide legal advice regarding a specific immigration problem . Also, I am not a tax lawyer cannot advise you on whether you properly or improperly claimed your daughter as a dependent on your tax returns.
Answered on Apr 20th, 2011 at 10:24 AM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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I really think you need to have a full consultation with a competent immigration attorney to discuss all aspects of your case. In terms of tax filings, I do not specialize in that area so you need to talk with a tax professional about how to amend your prior tax filings, if indeed, you made an inadvertent error on those. If you filed in good faith and fix any errors, you will not have a crime of moral turpitude because you will not have committed a fraudulent act. You should therefore be able to file for your naturalization, because all tax records will be fixed and there is no CMT. Then you can apply for your fiancee's case! Again, in your instance, DO NOT rely on my advice to file anything. Instead you really need to have a full consult with someone. Remember to breathe! From the facts below, it does not appear you will be barred from sponsoring your fiancee.
Answered on Apr 20th, 2011 at 10:24 AM

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