What are the requirements that I need to provide when I declare my daughter? 4 Answers as of April 21, 2011

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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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I think that you have had some alarming information for no good purpose. If your daughter is supported by you, then she can be claimed as a dependent. Second, once you get your citizenship granted, you can petition for your fiance. If you wish to discuss it further, call or e-mail to set up an appointment.
Answer Applies to: California
Replied: 4/21/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
It is true that you cannot claim your children or any qualified relative on your income tax if they are not living with you as a rule of thumb. Check with your tax lawyer as they may be exceptions to that rule. I am certain that there are but that is a matter for another professional to clarify. It does not have much to do with your fiance and your possible citizenship application. If you are telling me that you may have claimed your child on your taxes even though she never lived with you here in the States, then I suggest that you correct this situation by talking to your CPA or attorney and seeing they can get you on the right track so you can pay back the US Treasury. You will have to do it sooner or later so, why not now? However that alone should not prevent you from filing for citizenship. If there are other issues that you are worried about regarding your citizenship, I strongly suggest that you consult with competent counsel on that. I can be of help. I hope this helps. Good luck!
Answer Applies to: California
Replied: 4/20/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
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.
Answer Applies to: California
Replied: 4/20/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
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.
Answer Applies to: California
Replied: 4/20/2011
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