Sending N-400

[ecuaciones0809 0]

Hello,

I'm preparing my mother's documents based on 5 years. She lived the first two years with my sister (2004 & 2005) and moved and filed taxes jointly as a dependant with my father for the years of 2006, 2007 & 2008.

My Mother doesnt work due to health issues therefore has only been a dependant.

Will this be an inconvenience for her citizenship and what can she provide for the years of 2004 & 2005 while she stayed with my sister.

Thanks for the help!

[Dakine 26]

Hello,

I'm preparing my mother's documents based on 5 years. She lived the first two years with my sister (2004 & 2005) and moved and filed taxes jointly as a dependant with my father for the years of 2006, 2007 & 2008.

My Mother doesnt work due to health issues therefore has only been a dependant.

Will this be an inconvenience for her citizenship and what can she provide for the years of 2004 & 2005 while she stayed with my sister.

Thanks for the help!

Have her call IRS 800 829 1040 and ask for tax transcripts for the Last 5 years. Takes about 1 week and free. She can have them faxed to her when talking to them if shes in a hurry.Free also.

If she didn't pay taxes for 2004 and 2005 she has to have a good reason for not having done so.

Edited January 6, 2010 by Dakine

[lucyrich 20]

Did she file taxes jointly? Or was she a dependent? She couldn't have done both.

But it doesn't really matter so much. If she's filing based on the 5 year requirement, then no tax returns, tax transcripts or other tax information is required. Those are only required when filing based on three years married to and living with a US Citizen spouse. Carefully read the document checklist near the back of the M-476.

[NickD 203]

Did she file taxes jointly? Or was she a dependent? She couldn't have done both.

But it doesn't really matter so much. If she's filing based on the 5 year requirement, then no tax returns, tax transcripts or other tax information is required. Those are only required when filing based on three years married to and living with a US Citizen spouse. Carefully read the document checklist near the back of the M-476.

Getting set for applying for my daughter that turned 18 before my wife could apply. Been saving her tax returns, single, part time work, but she did get an IRS label. Thought they wanted three years of tax returns even for the five year. These for her would be just three very thin sheets, that EZ form 1040. For my wife's three year, tax returns were nothing compared to all the other evidence we had to send in for proof of our marriage. Even sent in four years as a subtle reminder that due to their delays in our AOS, she could have been a USC one year earlier, and our daughter would have been included, but my wife told me her IO was annoyed by that, she only wanted three years.

So we don't have to send in taxes for the five year? Have to read the N-400 instructions again. Daughter will not have problems with the test, already had courses in college on American history and civics and got an A in both. But should spend at least five minutes reviewing the test questions and answers.

[ecuaciones0809 0]

Tha is correct. My Mother is filing under the 5 years rule. I found the 2005 tax return from my sister and she has her as a dependant. So..She has 4 years of taxes as a dependant.

I guess I will send it anyways just to be in the safe side.

Thanks for the help!

[lucyrich 20]

Tha is correct. My Mother is filing under the 5 years rule. I found the 2005 tax return from my sister and she has her as a dependant. So..She has 4 years of taxes as a dependant.

I guess I will send it anyways just to be in the safe side.

Thanks for the help!

But you said she filed a joint return for some of those years. If either spouse has any tax liability whatsoever, they can't file a joint return if they can be claimed as a dependent on someone's return. See pub 501. Or consult a tax adviser.

The tax stuff isn't so relevant to immigration. If you're sure the taxes were filed correctly, there's no harm in sending them with the N-400, but there's absolutely no benefit, either.

If the taxes were filed incorrectly, or if you're not completely sure whether they were correct or not, I don't understand why you would want to send the incriminating evidence to the USCIS when they don't ask for it?

[NickD 203]

But you said she filed a joint return for some of those years. If either spouse has any tax liability whatsoever, they can't file a joint return if they can be claimed as a dependent on someone's return. See pub 501. Or consult a tax adviser.

The tax stuff isn't so relevant to immigration. If you're sure the taxes were filed correctly, there's no harm in sending them with the N-400, but there's absolutely no benefit, either.

If the taxes were filed incorrectly, or if you're not completely sure whether they were correct or not, I don't understand why you would want to send the incriminating evidence to the USCIS when they don't ask for it?

We claimed our daughter as a dependent, which meant on her tax return, she could not claim herself as an exemption. That's how you have to do it. This didn't work out for us for that Bush bonus check, we couldn't get it, because she was over 18, and she didn't get it because even though she met the minimum wage earning to get it, couldn't claim herself for that bonus. Wrote to the IRS on this, they said they had no control because congress makes the laws. So I wrote my congressman on this, he said we screwed up on this. That was a couple of years ago, still no bonus check for her. As I recall that was like 900 bucks

She didn't really have to file a return, but wanted a refund on the income taxes she paid to the federal and the state. Employer has to take out taxes based on a full year income, she was only working part time. So she got that back, but what she paid into FICA taxes, you never get that back and God only knows if she will get that back at retirement age the way they are talking. With a $3,000 income that amounts with her employees share to $450.00, that's a lot of money when trying to go to school, especially when we had to pay over 4 bucks a gallon for gas that is not deductible. It's a one way street for the IRS. Tuition also drastically increased due to lack of federal aid. Hope Iraq and Afghanistan is enjoying our hard work and sacrifice. We are not.

So she doesn't have to show three years of taxes for the five year?

[lucyrich 20]

We claimed our daughter as a dependent, which meant on her tax return, she could not claim herself as an exemption. That's how you have to do it.

Yep, but she didn't file a joint tax return, I'll bet. The rule is that you can't be claimed as a dependent on another person's return if you file a joint tax return where either spouse has any tax liability. See the second bullet item on table 5 on this IRS pub

http://www.irs.gov/publications/p501/ar02....blink1000220868

So she doesn't have to show three years of taxes for the five year?

Correct. See the document checklist near the end of the M-476. The tax returns are only for those filing based on the "three years married to a US Citizen" provision (those who checked box B of part 2.)

[NickD 203]

Yep, but she didn't file a joint tax return, I'll bet. The rule is that you can't be claimed as a dependent on another person's return if you file a joint tax return where either spouse has any tax liability. See the second bullet item on table 5 on this IRS pub

http://www.irs.gov/publications/p501/ar02....blink1000220868

Correct. See the document checklist near the end of the M-476. The tax returns are only for those filing based on the "three years married to a US Citizen" provision (those who checked box B of part 2.)

Does that just leave the green card for evidence? Can't think of anything else besides the filled out N-400 and that big fat check they want.

[lucyrich 20]

Does that just leave the green card for evidence? Can't think of anything else besides the filled out N-400 and that big fat check they want.

That and the passport-style photos.

All the other things are listed on the document checklist with an "If ..." qualification before them. Things like, "If you answer “Yes” to any of Questions 1 through 15 in Part 7 ...", "If you have ever been arrested or detained by any law enforcement officer for any reason ...", etc.

So go through the document checklist and verify that none of those "If ..." qualifications apply to her case, but for a simple case, it's possible to file an N-400 with only the N-400 itself, passport photos, copy of green card, and big fat check.

[ecuaciones0809 0]

I apologize for causing confusion. My father filled the taxes and has her as a dependant because she doesnt work.

Thank You,

[lucyrich 20]

I apologize for causing confusion. My father filled the taxes and has her as a dependant because she doesnt work.

Thank You,

But your spouse is NEVER your dependent for tax purposes.

http://www.irs.gov/publications/p501/ar02....blink1000220858

Scroll down to "your spouse's exemption" where it says "Your spouse is never considered your dependent."

Spouses can file a joint return. But if they file a joint return, then neither claims the other as a dependent. And if they file a joint return where there is any tax liability by either spouse, then neither spouse can be claimed as a dependent by anyone else.

You don't say explicitly, but I'm assuming your mother and father are married. If not, then she's probably not a qualifying relative for the purpose of being a dependent.

[ecuaciones0809 0]

Thanks for the explanation. I was definatly reading the form incorrectly.

[NickD 203]

That and the passport-style photos.

All the other things are listed on the document checklist with an "If ..." qualification before them. Things like, "If you answer "Yes" to any of Questions 1 through 15 in Part 7 ...", "If you have ever been arrested or detained by any law enforcement officer for any reason ...", etc.

So go through the document checklist and verify that none of those "If ..." qualifications apply to her case, but for a simple case, it's possible to file an N-400 with only the N-400 itself, passport photos, copy of green card, and big fat check.

So far, she has been a "good little girl", will have to put down she is part of the National Honor Society for organizations. But to the best of my knowledge, has not contributed to those anti-American organizations like the American Red Cross. Surprised that the USCIS just doesn't have you bring in your passport type photos to the interview, that way, they don't have to worry about losing them. Tell you to do that anyway, in case they do.

Is a provision for a married couple to file a joint return, but also to be claimed by others as dependents. Good example of this is a couple of college students getting married with a side benefit of staying on their parents health insurance plan until they are 25 years of age. Had to point that out to my step daughter, if you don't go to college, try to find a part time job that offers health care. Or even a full time job for that matter. Her university offers a low cost plan, but has a zillion exclusions on it, took the time to read it. Positively no accidents were covered on it like slipping on the ice, definitely no sports activities like roller blades, bicycles, or skate boards. Common thing kids use to get to class, not really sure what it covered for over a grand per semester.

If our daughter does get married, we won't lose a daughter, but will gain a son, but that son won't be covered by our health insurance plan.