Questions about N-400 application!!!!

[eagle2020 0]

Hi

I have been a US resident for 5+ years. Now, I am filling my N-400 application to get my US citizenship. I have few questions about the application:

1- In the last 5 years, the first 2 years I wasn't working and I was taking care of my mom after the death of my father at the end of 2005. In year 3,4 and 5 I only worked part time and I didn't make enough money to file for taxes(according to my accountant). I just wanted to know if that will affect the acceptance of my N-400 application?

2- On the N-400 application, and on part 3: question F it asks: ARE EITHER OF YOUR PARENTS US CITIZENS? my mother is only a green card holder and my father was a US citizen but he passed away, should I answer the question with yes or no?

Thank you very much

[George & Gina 29]

Hi,

I'm not sure what's up with the large number of people on VJ who receive the very poor advice not to file their taxes. You'll almost always need to produce tax returns you're going through almost any type of immigration process. If you didn't earn enough income to be have to pay taxes, then you'd at least file to request a refund of the amount that your employer withheld from your pay. If you don't, then you're just throwing money away(literally). On another note, if you don't earn enough to pay taxes then your finances are probably nowhere near complicated enough to justify the expense of an "accountant".

*RANT OFF*

You'll probably want to go back and file for the past two years just to get any refund due and to have it as a matter of public record for your immigration/citizenship proceedings.

George

*

Hi

I have been a US resident for 5+ years. Now, I am filling my N-400 application to get my US citizenship. I have few questions about the application:

1- In the last 5 years, the first 2 years I wasn't working and I was taking care of my mom after the death of my father at the end of 2005. In year 3,4 and 5 I only worked part time and I didn't make enough money to file for taxes(according to my accountant). I just wanted to know if that will affect the acceptance of my N-400 application?

2- On the N-400 application, and on part 3: question F it asks: ARE EITHER OF YOUR PARENTS US CITIZENS? my mother is only a green card holder and my father was a US citizen but he passed away, should I answer the question with yes or no?

Thank you very much

[RealPi 0]

Hi

I have been a US resident for 5+ years. Now, I am filling my N-400 application to get my US citizenship. I have few questions about the application:

1- In the last 5 years, the first 2 years I wasn't working and I was taking care of my mom after the death of my father at the end of 2005. In year 3,4 and 5 I only worked part time and I didn't make enough money to file for taxes(according to my accountant). I just wanted to know if that will affect the acceptance of my N-400 application?

2- On the N-400 application, and on part 3: question F it asks: ARE EITHER OF YOUR PARENTS US CITIZENS? my mother is only a green card holder and my father was a US citizen but he passed away, should I answer the question with yes or no?

Thank you very much

I haven't looked too much into the N-400 material yet but here's my two cents.

1. I presume you still filed your tax returns as normal every year? So long as you have no issues with the IRS (i.e. your tax returns are all in order) and you can prove this (you will be requiring to show tax return transcripts from the IRS for the past 5 years) I don't think it matters how much you worked or how many taxes you ended up paying (though if anyone else has info on this matter please feel free to add the info). However, I would double-check first with the IRS to make sure all your taxes are in order and that e.g. you were truly justified not to file with them. Go to your local IRS office and discuss this matter with them. If you end up having to make back payments they will need to give you some proof of this repayment process for you to send with your N-400 application.

2. It's a bit of a bummer, isn't it. I think you should answer Yes. Personally I would attach a sheet that points out he is deceased, in case this information is not easily deduced from the application form.

Edited November 26, 2010 by RealPi

[CVB 18]

Hi

I have been a US resident for 5+ years. Now, I am filling my N-400 application to get my US citizenship. I have few questions about the application:

1- In the last 5 years, the first 2 years I wasn't working and I was taking care of my mom after the death of my father at the end of 2005. In year 3,4 and 5 I only worked part time and I didn't make enough money to file for taxes(according to my accountant). I just wanted to know if that will affect the acceptance of my N-400 application?

2- On the N-400 application, and on part 3: question F it asks: ARE EITHER OF YOUR PARENTS US CITIZENS? my mother is only a green card holder and my father was a US citizen but he passed away, should I answer the question with yes or no?

Thank you very much

To be eligible for naturalization, the following requirements must be met: (a) you must be a lawful permanent resident for 5 years, or 3 years if applying based on marriage to a U.S. citizen; (b) you must be physically present for at least one-half of the 5-year or 3-year period; © you must be 18 years or over; (d) you must have resided for at least 3 months in the state where the application is filed; and (e) you must meet the good moral character requirement for 5 years prior to filing the application.

Paying taxes is one of the criteria that the USCIS considers as having good moral character. You have to do your utmost to work this out with the IRS. You are going to be judged on this.

With your father being a US citizen I believe you have to file the N600 form not the N400.

I assume you were not born in the USA since than you already ARE a citizen. You don't have to do anything.

[Kathryn41 3,205]

If you were not required to pay taxes, contact IRS and get a statement from them to that effect. One of the criteria of becoming a US citizen is paying taxes. You need to show why you have not paid taxes. It won't go against you if you are not required to pay taxes, but you will need to show it.

If your father was a US citizen, then you answer 'yes'. You may wish to add next to it "father- deceased" .

If you were under 18 when your father became a US citizen then you may wish to look into the N600 instead of the N400 as you may already be a US citizen. There are certain conditions such as your father needed to live in the US for so many years after reaching a certain age (this varies depending on what citizenship act was in effect when you were born). If your father was not a US citizen when you turned 19, then you are not eligible to claim derivative citizenship through him and need to pursue the N400.

[Brother Hesekiel 2,236]

This is more an advice for others who are not quite as far.

If you are an immigrant, tax returns are a part of every step of the immigration process, all the way up to naturalization. You need to have a folder labeled "USCIS" from early on, and you need to feed it with everything that may be needed or helpful on your journey.

Even if you made nothing or just $213.14 in any given year: submit a tax return. Submitting a tax return is not about how much or how little money you made; for an immigrant who deals with USCIS it is first and foremost a way of saying:

"Hi, this is me, the immigrant. Here is what I made last year and I am reporting every penny of it as you would expect me to" or "Hi, this is me, the immigrant; please note that I did not work last year and the tax return I am submitting does reflect that."

This way, you never have to figure out how to explain WHY you did not file taxes, as required from every citizen or, in the case of naturalization, why you had to mark NO where the application specifically asks if you EVER failed to file an income tax return. The income tax return is N OT about money; it's about doing what was required.

Edited November 26, 2010 by Just Bob

[Anh map 2,098]

This is more an advice for others who are not quite as far.

If you are an immigrant, tax returns are a part of every step of the immigration process, all the way up to naturalization. You need to have a folder labeled "USCIS" from early on, and you need to feed it with everything that may be needed or helpful on your journey.

Even if you made nothing or just $213.14 in any given year: submit a tax return. Submitting a tax return is not about how much or how little money you made; for an immigrant who deals with USCIS it is first and foremost a way of saying:

"Hi, this is me, the immigrant. Here is what I made last year and I am reporting every penny of it as you would expect me to" or "Hi, this is me, the immigrant; please note that I did not work last year and the tax return I am submitting does reflect that."

This way, you never have to figure out how to explain WHY you did not file taxes, as required from every citizen or, in the case of naturalization, why you had to mark NO where the application specifically asks if you EVER failed to file an income tax return. The income tax return is N OT about money; it's about doing what was required.

Well said. Big +1 for this post.

[RealPi 0]

This is more an advice for others who are not quite as far.

If you are an immigrant, tax returns are a part of every step of the immigration process, all the way up to naturalization. You need to have a folder labeled "USCIS" from early on, and you need to feed it with everything that may be needed or helpful on your journey.

Excellent post. Absolutely right.

[NickD 203]

Hi

2- On the N-400 application, and on part 3: question F it asks: ARE EITHER OF YOUR PARENTS US CITIZENS? my mother is only a green card holder and my father was a US citizen but he passed away, should I answer the question with yes or no?

Thank you very much

Got excited for a couple of seconds on Part 3, question F, yes my step daughter has a parent that is a US citizen. Said read the instructions, did, said go to the FAQ question section of the M-476 manual. Two strikes against my step daughter, first one, her parent is a naturalized citizen, not a natural born one, that makes a huge difference. Yet another example whereby a naturalized citizen is not the same as a natural born one. That was the first strike against my stepdaughter, second one, could have done a N-600 if my stepdaughter was under 18, she just turned 18 before my wife could apply. Mainly due to delays in our AOS processing, they were really slow back then.

So, two strikes and she was out, have apply for the N-400, do not pass go, do not collect $200.00, but pay $675.00, see its $680.00 now, we just saved five bucks, wow.

So is your dad a naturalized or a natural born US citizen, does make a different.

Don't know who your tax accountant is, but sure is an idiot, only takes about ten minutes to fill out a 1040EZ, plus if they withdrew any income taxes, you can get that back. Thought my stepdaughter how to do that, she already has transcripts for four years of returns, reason for only four, couldn't start to work until she was 16 years of age. Saw a large sign on a HR Block tax filing service, will feel out a 1040EZ for only 40 bucks. Gosh I could do six of those an hour and make 240 bucks an hour. Must be in the wrong business, if you file on-line, the overhead cost is practically zero.