Tax and citizenship

[pa77poun 0]

My sister and brother-in-law had this exact problem and yes USCIS will have a big problem with it for citizenship. Go to a CPA right away and file ammended taxes as well as pay any penalties or set up payments. You will have to have this all done before they approve you. You could try to reschedule if at all possible. My brother-in-law went to the interview and they gave him all kinds of problems. They gave him until Aug 6th to correct the problem and that is when he has to go back with proof. Hopefully he will be approved then?

What if I go to the interview without my tax trasncript, so far I have not been requested to provide them.

For your brother how did this come up. Can you please let me know.

I assumed they required the last 3 years of tax returns for the interview? Whatever reason they saw that he filed single. He has been in the US for 25 years with his greencard. If it is not anywhere on the list of things you need to provide for the interview then maybe it won't be a problem but make sure 100% before you show up without them. I guess they could do everything and then ask you to provide them later before they can approve you?

Mi I let. lists the follwoing:

Passport

Greencard

Selective service

Wife BCertificate

Marriage licence

Fist time Entry paperwork in US

Beside those there was a document checklist enmclosed to my interview sheet.

That one lists everything ( most already provided) also the tax trasncript, not yet provided.

I would like to the interview without and may not be asked, as I was not form my I 751 Application.

But citizenshiop may be different, I am wondering how often people are ask for them during the interview ? Anyone has an idea

[NickD 202]

Tax and immigration law can be very confusing and not aware of any law that says you are required to hire either a tax or an immigration attorney, but sometimes you have to just to stay out of trouble.

The instructions for the N-400 were very weak in terms of what evidence you have to submit, but my eye did happen to catch to read the M-476 manual where they say you must include the last three years of your tax return, since we had four, sent all four in, if for no other reason, to let them know how much money they will lose if we don't get to stay here. And if my wife has to leave for any reason, I am going with her, never in my life as a US citizen have I had my personal life invaded by a government agency showing my love letters, etc., and frankly, getting tired of it and constantly having to prove that we are married. But we are near the end of that very very long road with the key stress in our life caused by the good old USCIS. And why are their forms so confusing? Are they meant to trip us up?

Just got off of google after finding a book by a guy, Tricks, the IRS does not want you to know. Claims that by a married couple filing single they would have a tax advantage. Don't know where he got his numbers from, but certainly not from the 1040 Forms and Instruction booklet printed and distributed by the IRS. We would pay much higher taxes if we filed singly.

Under Married Filing Jointly, is a section where you can't if you are married to a non-resident person, and under Head of Household is a section that you can file as head of household even if married providing that you are not living together. But I have a funny feeling that is not what the USCIS wants to hear.

And who can say for sure if your interviewing officer will want to see your tax returns when each time you call them with the same written down question, you will get a different answer! Sound familiar?

Have no idea why you filed your taxes like you did, did kick up an interest in whether we could save on taxes by filing as singles, we would lose lots of common deductions. We could save some if my wife and another dependent lived next door, but would get nailed on extra property taxes, ha, a no win situation plus extra utility expenses, here, we can share the same phone and light bulb.

Did you file your taxes on your own? Most of the people I know pay a professional to file their taxes, don't have neither the time nor the knowledge to do their own tax returns. If you paid someone, they are liable for filling out a proper return. And it seems like a crime to me to have to pay a CPA to collect sales tax for the state, there is no profit in this for me, and it's costing me money. But such are our laws.

[pa77poun 0]

Tax and immigration law can be very confusing and not aware of any law that says you are required to hire either a tax or an immigration attorney, but sometimes you have to just to stay out of trouble.

The instructions for the N-400 were very weak in terms of what evidence you have to submit, but my eye did happen to catch to read the M-476 manual where they say you must include the last three years of your tax return, since we had four, sent all four in, if for no other reason, to let them know how much money they will lose if we don't get to stay here. And if my wife has to leave for any reason, I am going with her, never in my life as a US citizen have I had my personal life invaded by a government agency showing my love letters, etc., and frankly, getting tired of it and constantly having to prove that we are married. But we are near the end of that very very long road with the key stress in our life caused by the good old USCIS. And why are their forms so confusing? Are they meant to trip us up?

Just got off of google after finding a book by a guy, Tricks, the IRS does not want you to know. Claims that by a married couple filing single they would have a tax advantage. Don't know where he got his numbers from, but certainly not from the 1040 Forms and Instruction booklet printed and distributed by the IRS. We would pay much higher taxes if we filed singly.

Under Married Filing Jointly, is a section where you can't if you are married to a non-resident person, and under Head of Household is a section that you can file as head of household even if married providing that you are not living together. But I have a funny feeling that is not what the USCIS wants to hear.

And who can say for sure if your interviewing officer will want to see your tax returns when each time you call them with the same written down question, you will get a different answer! Sound familiar?

Have no idea why you filed your taxes like you did, did kick up an interest in whether we could save on taxes by filing as singles, we would lose lots of common deductions. We could save some if my wife and another dependent lived next door, but would get nailed on extra property taxes, ha, a no win situation plus extra utility expenses, here, we can share the same phone and light bulb.

Did you file your taxes on your own? Most of the people I know pay a professional to file their taxes, don't have neither the time nor the knowledge to do their own tax returns. If you paid someone, they are liable for filling out a proper return. And it seems like a crime to me to have to pay a CPA to collect sales tax for the state, there is no profit in this for me, and it's costing me money. But such are our laws.

I file with H&R block two of them and one by myself.

Also it is not for sure the IO will ask for them. if he does I will bring them and show just in case

[Staashi 371]

Look - if you want to risk it...do so. But my advice is don't be an idiot. Something in your mind said, "let me check with Visa Journey and see what others say." Well, I'm saying it...have it modified. This isn't the I-751, this is citizenship. I'd get with H&R Block and have them do your modifications. Ask them why they didn't file for you correctly.

[NickD 202]

I am certainly no expert on this subject, but others have posted here that during their interview, they were told they passed but will not get their citizenship until they supply more evidence. It just seems that supplying damaging evidence would be far worse than supplying no evidence at that time and that is showing a tax return that was filed singly that may or not be damaging evidence.

Just seems like the poster could attend and see what happens, if asked for tax returns, request some time to supply them, but I believe they do give you a time limit without asking, but now, get them corrected and get the ball rolling. Would ask your tax preparer why they filed you as single when you are married and do you have any liability with the IRS, and explain your situation with the USCIS.

The IRS tax system is extremely complex with over 11,000 pages of law, that in itself is crazy with countless different forms. I was called in for an audit once, hired a very good tax attorney that knew more about tax law than the auditors did and it's very difficult to guess what a USCIS officer knows about tax law.

But exactly what to do is the decision of pa77poun, rest of us certainly do not know all the details.

Seen other sites where filing singly would give a tax break to married couples, if allowed, but they were referring to the 2002 tax year, I didn't go back that far. Another thing I hate about taxes, they change the laws every year as well. That and the tax year closes right between Christmas and New Years day, couldn't be with my family as a general manager, had to be at the plant taking inventory. Think it's time for yet another revolution.

[payxibka 10,045]

That and the tax year closes right between Christmas and New Years day, couldn't be with my family as a general manager, had to be at the plant taking inventory. Think it's time for yet another revolution.

Well then the revolution need be against the company you work for, as the tax year end is a decision made by the company not the IRS. The IRS allows companies to choose the corporate year end (exceptions apply).

[Gaby&Talbert 1]

my sister and brother-in-law filed the ammended taxes and had to pay 4500 for the last 5 years. Obviously someone advised them a long time ago it was better to file single. They have learned their lesson. I know when my wife goes for her citizenship in 2010 i will have everything in order for her. It is good to read what everyone goes through now and be prepared for the future.

[pa77poun 0]

thank you guys for your advice,

I have deided to show up at the interview without the taxes.

If requested by IO, will provide later after amendment form is processed.

Keep your fingers crossed and will keep everyone posted.

Thanks

[moonhunt 1]

I think they will ask for tax returns when your citizenship request is based on marriage with another US citizen for 3 years.

Or when you are out of country for more than 6 month, and you need to show residence tie to U.S.,

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Otherwise, I don't see tax returns as document list item for N400.

thank you guys for your advice,

I have deided to show up at the interview without the taxes.

If requested by IO, will provide later after amendment form is processed.

Keep your fingers crossed and will keep everyone posted.

Thanks

Edited July 20, 2008 by moonhunt

[NickD 202]

Otherwise, I don't see tax returns as document list item for N400.

Then you didn't read this out of the M-476 that you must read according to the USCIS website by opening the N-400 forms.

4. Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

This can be read as tax returns, or tax returns, or tax returns.

While we just sent in the front and rear copy of our 1040 that should be enough as it has the IRS label on in showing my wife and I filed jointly, her officer requested the full copy of our returns that I just happened to throw into our brief case. That is good she said, but that was just my wife's officer, hopefully some others are not quite as strict. she was approved by the way with no additional RFE's required before approval. I think immigration only wants tax paying citizens.

[moonhunt 1]

I think we are talking about same document lists.

For that requirement, it says "If you are applying for naturalization on the basis of marriage to a US citizen".

So unless you are applying N400 based on 3 year condition under marrying to same US citizen for 3 year period,

this doesn't apply to other people.

So in my understanding, tax returns/tax transcript will be required when you are fallen under followings.

1) you are applying N400 based on 3 year residency condition, which you are marrying to same citizen for 3 years.

Or

2) you are out of country for more than 6 months for one time, or frequent trips in and out of country during your residency for last 5 years

Case 1 needs to be addressed that they need to show their marriage relationship, and from US tax law viewpoint,

it should be reported as "married" status. No question about it.

Case 2 uses tax returns as proof to show that you have strong intention to keep US residence.

So if you are not in the case 1 or case 2, tax returns is not necessary documentation to submit to USCIS at all.

Of course, if interview officer ask for it, it is handy to keep it with you, but from what I'm reading, it is necessary when you are either above two cases.

Otherwise, I don't see tax returns as document list item for N400.

Then you didn't read this out of the M-476 that you must read according to the USCIS website by opening the N-400 forms.

4. Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

This can be read as tax returns, or tax returns, or tax returns.

While we just sent in the front and rear copy of our 1040 that should be enough as it has the IRS label on in showing my wife and I filed jointly, her officer requested the full copy of our returns that I just happened to throw into our brief case. That is good she said, but that was just my wife's officer, hopefully some others are not quite as strict. she was approved by the way with no additional RFE's required before approval. I think immigration only wants tax paying citizens.

Edited July 20, 2008 by moonhunt

[moonhunt 1]

In other words, if you are applying for N400 based on 5 year residency condition, it is not required to send tax returns from document lists I'm reading.

It doesn't say that interview officer may ask it to see whether you are good moral characters to pay taxes on time.

But it is not mandatory documentation.

Also, OP's condition may be argued as following if his/her spouse is still living in other country.

1) His/her spouse is following her/his country's tax law for now, so I did file my tax returns as single.

or

2) Since his/her spouse is living abroad, not working, and getting support from him/her, it can be treated as head of house.

^^

It really depends on his/her situation.

But I agree that his/her wisest way was filed as married jointly even though his/her spouse is not living with him in U.S.

He/she can request for ITIN, and still declare his/her spouse as resident in tax law viewpoint.

Meaning of resident is different from immigration viewpoint to tax law viewpoint.

[NickD 202]

Our daughter falls under the five year category that's another 19 months away for her, so will cross that bridge when I come to it, the original poster is on a three year.

Our daughter finally got to go back to her home country after over four years, claims to be having a great time, beaches open 365 days a year, need only be 18 to drink, and the people down there love to party every night. So my wife and I are wondering if she will even come back as Americans are very Victorian, straight laced, always working with very little play, and tend to stick to themselves. But I feel she will come back when her money runs out.

[chapmart 0]

4. Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

This can be read as tax returns, or tax returns, or tax returns.

My husband and I misinterpreted the first "dot" under #4. Where it states "or" , we thought or meant or. We submitted bank accounts, mortgage and birth certificate of our daughter. On May 29th the Interviewing officer said everything was good and after a 20 minute interview, said he passed and will schedule him for the June 25th oath. Well June 25th came and went without an oath letter. Went to an infopass appointment on July 14th to check the status, was told by another IO that everything is fine, just wait for the oath letter. On July 16th, received a letter stating they need more info, the last 3 years of IRS transcripts, and tax returns including w-2 and 1099.

Have another infopass appointment next Wed to deliver copies of the tax returns. I have requested the transcripts, but it will take an additional 3 weeks to get those.

I think we are talking about same document lists.

For that requirement, it says "If you are applying for naturalization on the basis of marriage to a US citizen".

So unless you are applying N400 based on 3 year condition under marrying to same US citizen for 3 year period,

this doesn't apply to other people.

So in my understanding, tax returns/tax transcript will be required when you are fallen under followings.

1) you are applying N400 based on 3 year residency condition, which you are marrying to same citizen for 3 years.

Or

2) you are out of country for more than 6 months for one time, or frequent trips in and out of country during your residency for last 5 years

Case 1 needs to be addressed that they need to show their marriage relationship, and from US tax law viewpoint,

it should be reported as "married" status. No question about it.

Case 2 uses tax returns as proof to show that you have strong intention to keep US residence.

So if you are not in the case 1 or case 2, tax returns is not necessary documentation to submit to USCIS at all.

Of course, if interview officer ask for it, it is handy to keep it with you, but from what I'm reading, it is necessary when you are either above two cases.

Otherwise, I don't see tax returns as document list item for N400.

Then you didn't read this out of the M-476 that you must read according to the USCIS website by opening the N-400 forms.

4. Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

• An IRS tax return transcript for the last three years.

This can be read as tax returns, or tax returns, or tax returns.

While we just sent in the front and rear copy of our 1040 that should be enough as it has the IRS label on in showing my wife and I filed jointly, her officer requested the full copy of our returns that I just happened to throw into our brief case. That is good she said, but that was just my wife's officer, hopefully some others are not quite as strict. she was approved by the way with no additional RFE's required before approval. I think immigration only wants tax paying citizens.

[NickD 202]

I could be dead wrong on this, and usually am, but kind of got the notion is what they really are interested in, is TAX PAYING citizens. And the more you pay, the better you are treated. Wife commented her officer thumbed through our returns and was much nicer to her. But that obviously, was just a coincidence.