What to send in?

[gwenneh 7]

Hi all,

We're putting together my husband's N-400 packet and trying to figure out what to send in. He became an LPR on January 23rd, 2008 so we're at 90 days before January 23rd 2011 and ready to file.

We have two years of tax returns -- 2008 and 2009. Obviously we'll not be filing 2010 yet, and in 2007 I filed as married filing singly since we didn't live in the U.S.

I see that most people seem to be including just three years of tax transcripts, but we've only got two. What should we do? Is there something else we should be including to show we've been living together, bearing in mind that anything from 2007 shows us living in the U.K, not the U.S.

[Anh map 2,098]

Send the 08 and 09 transcripts, bring the 2010 return to the interview.

[NickD 202]

May want to double check your marriage and residency requirements, both must meet the three year requirements. Just a bit nebulous on how your husband received his green card while in the UK. You may have to wait a couple of months, no big deal, as long as you are together. We managed to have four years of joint tax returns while filing for the USCIS at the earliest dates, mainly due to USCIS delays in processing. While we submitted all four years, they only wanted three, tossed as forth year in as a subtle hint as to how slow they are.

[gwenneh 7]

He didn't receive his green card in the UK. He entered the U.S. in the beginning of January 2008 on a CR-1 visa (as we'd done DCF) and his green card was issued with an effective date of January 23rd, 2008. So yes, he meets the requirements, having been an LPR present in the U.S. with me for three years, less 90 days as of October 26th 2010. We're just on this weird cusp of a tax year, which is a bit of a headache.The taxes filed for 2007 show me as married filing singly. He didn't work in the U.S. during 2007 (and neither did I), so he had no reason to file. I think he's mentioned on the return but without an ITIN or SSN, as he didn't have an SSN until we got to the U.S. after the return was filed.

Edited October 31, 2010 by gwenneh

[Brother Hesekiel 2,236]

You send what you have, as it is darn impossible to send something you don't have, and cover this within 1 sentence in your cover letter. That's what cover letters are for.

[NickD 202]

He didn't receive his green card in the UK. He entered the U.S. in the beginning of January 2008 on a CR-1 visa (as we'd done DCF) and his green card was issued with an effective date of January 23rd, 2008. So yes, he meets the requirements, having been an LPR present in the U.S. with me for three years, less 90 days as of October 26th 2010. We're just on this weird cusp of a tax year, which is a bit of a headache.The taxes filed for 2007 show me as married filing singly. He didn't work in the U.S. during 2007 (and neither did I), so he had no reason to file. I think he's mentioned on the return but without an ITIN or SSN, as he didn't have an SSN until we got to the U.S. after the return was filed.

Makes sense now, you couldn't have possibly filed a joint return for 2007, you weren't married. But he sure got his green card quick, back then when we got married, took the USCIS almost a year to issue that card to my wife. She was here legally, we just waited and waited to be called in. You don't mention the date of your marriage, you do have to be married three years on the day you send your application in.

[gwenneh 7]

We got married in 2006 -- just no need for him to be on the tax return, as we didn't live or work in the U.S. until 2008.