hi

[thepacific 0]

hi

i m going to send my n400 based on marriage with american spouse but i have just 2 documents of taxes refund 2009/2010

so i dont know if i can wait for the 3rd one or just send it without 2011?

thx

[aaron2020 11,651]

hi

i m going to send my n400 based on marriage with american spouse but i have just 2 documents of taxes refund 2009/2010

so i dont know if i can wait for the 3rd one or just send it without 2011?

thx

You do not need to wait for your 2011 tax return. That return is not due until April 17, 2012, so you are not expected to have it now.

[thepacific 0]

You do not need to wait for your 2011 tax return. That return is not due until April 17, 2012, so you are not expected to have it now.

thx u so much for ur help

[NickD 203]

For marriage, USCIS wants to see three years of tax returns, don't know about others, wife's IO was very strict on this issue. What about your returns for 2008? For the five year, can skip this tax return bit.

With our delays in the AOS process, had four years of returns.

[Udella&Wiz 325]

You do not need to wait for your 2011 tax return. That return is not due until April 17, 2012, so you are not expected to have it now.

Precisely - you cannot provide what you don't have. To the OP - if it worries you, try to submit your 2011 taxes early this year and you'll have a copy of your recent turn handy. the IRS will not have a transcript available though (its a little early).

[foreignfantasy 0]

I only have tax returns from 2010, because that's when I started working, and I was hoping to have them for 2011 if I file early... I also filed N-400 based on marriage, so they asked me for 3 years of tax returns, which I don't have. When I sent the package I only sent my tax transcripts for 2010, because that was all I had, and they sent me a notice to bring my tax transcripts for the past 3 years at the interview. My interview is on February 22, so I'll have my tax information for 2 years if I file early this year, but I can't provide 3 years worth of taxes no matter how I slice it. I'm really concerned about this issue, I'm worried I'm going to fail the interview because of it, but how can I provide something I don't have?!

[thepacific 0]

I only have tax returns from 2010, because that's when I started working, and I was hoping to have them for 2011 if I file early... I also filed N-400 based on marriage, so they asked me for 3 years of tax returns, which I don't have. When I sent the package I only sent my tax transcripts for 2010, because that was all I had, and they sent me a notice to bring my tax transcripts for the past 3 years at the interview. My interview is on February 22, so I'll have my tax information for 2 years if I file early this year, but I can't provide 3 years worth of taxes no matter how I slice it. I'm really concerned about this issue, I'm worried I'm going to fail the interview because of it, but how can I provide something I don't have?!

thx u make verything clear to me SO i m going to wait untill i can filling my 2011 tax refund

[foreignfantasy 0]

thx u make verything clear to me SO i m going to wait untill i can filling my 2011 tax refund

I don't know if that helps, really, I'm just hoping for the best here, I'm not sure what to do but that's the only thing I can think of to make things better or at least as close to normal as I can... Someone said earlier that you're probably not even able to get tax transcripts this early in the year, but I'm gonna get some sort of proof that I filed. I don't know what to do about the previous 2 years though, because this year is not really a requirement but the other 2 were, and the USCIS people aren't very understanding in general... It says clearly on the N-400 form, I think, that you have to have tax returns for the past 3 years, but I don't know if they can make an exception for this particular situation. Seriously, what happens if you didn't work all these years? I hope they're not gonna reject me because of that. And I know you don't have to file if you don't have an income.

Edited January 19, 2012 by foreignfantasy

[thepacific 0]

I don't know if that helps, really, I'm just hoping for the best here, I'm not sure what to do but that's the only thing I can think of to make things better or at least as close to normal as I can... Someone said earlier that you're probably not even able to get tax transcripts this early in the year, but I'm gonna get some sort of proof that I filed. I don't know what to do about the previous 2 years though, because this year is not really a requirement but the other 2 were, and the USCIS people aren't very understanding in general... It says clearly on the N-400 form, I think, that you have to have tax returns for the past 3 years, but I don't know if they can make an exception for this particular situation. Seriously, what happens if you didn't work all these years? I hope they're not gonna reject me because of that. And I know you don't have to file if you don't have an income.

i think thats ok if u cant have 3 tax refund but it depends of what reason u cant have them.

my wife filled our tax refund as a head of household

i dont know if thats ok with OI or i m getting a trouble for that?

[foreignfantasy 0]

i think thats ok if u cant have 3 tax refund but it depends of what reason u cant have them.

my wife filled our tax refund as a head of household

i dont know if thats ok with OI or i m getting a trouble for that?

That's totally fine, as long as she filed as married, I think. My husband hasn't filed in a few years, married or not, so I could be in trouble. You on the other hand, not so much .

[NickD 203]

i think thats ok if u cant have 3 tax refund but it depends of what reason u cant have them.

my wife filled our tax refund as a head of household

i dont know if thats ok with OI or i m getting a trouble for that?

Could just not post with the level of this dialog going back and forth with misinformation. Your wife will be in deep trouble if she filed head of household when married. Suggest you see a tax accountant and make amends before applying for naturalization,.

[Udella&Wiz 325]

From the IRS website - the definition and rules for 'Head of Household' (it doesn't appear to be for married folks.)

Head of Household

You may be able to file as head of household if you meet all the following requirements.

You are unmarried or “considered unmarried” on the last day of the year.

You paid more than half the cost of keeping up a home for the year.

A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent , later, under Qualifying Person.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220775

To the OP - I would assume you and your spouse still filed as Married despite that you weren't working and they claimed you? That's how I filed the first year because I didn;t work. Your name will still be on the tax transcripts so you can order them from the IRS. You just need your's and your spouse's SSN's handy when you call.

Edited January 20, 2012 by Udella&Wiz

[aaron2020 11,651]

i think thats ok if u cant have 3 tax refund but it depends of what reason u cant have them.

my wife filled our tax refund as a head of household

i dont know if thats ok with OI or i m getting a trouble for that?

ARGGGGGGGGGGGGGGG!!!!!!!!!

In order for a person to file as head of household, the person is unmarried or "considered unmarried." "Considered unmarried" means married and living apart.

You and your wife need to amend your tax returns. Go get a CPA/accountant to amend them.

----------------

http://www.irs.gov/applications/wh/helpdocs/hoh.html

Head of Household Generally, you may claim head of household filing status on your tax return only if you are unmarried and pay more than 50% of the costs of keeping up a home for yourself and your dependent(s) or other qualifying individuals.

------------------------------

http://taxes.about.com/od/filingstatus/qt/headofhousehold.htm

Head of Household Filing Status

Claiming Head of Household status can help lower your taxes

You can claim the Head of Household (HOH) filing status on your tax return if you are unmarried, have cared for a dependent for over half the year, and paid more than half the cost of maintaining a home.

. . .

"Considered Unmarried"

You are "considered unmarried" for tax purposes if on the last of the year you are:

• unmarried,
  
• legally separated from your spouse under a divorce or separate maintenance decree, or
  
• married but lived apart from your spouse for at least the last six months of the year.
  

State law governs whether you are married or legally separated under a divorce or separate maintenance decree. For federal tax purposes, domestic partners are considered unmarried.

[Udella&Wiz 325]

i think thats ok if u cant have 3 tax refund but it depends of what reason u cant have them.

my wife filled our tax refund as a head of household

i dont know if thats ok with OI or i m getting a trouble for that?

See teh definition of 'Head of Household' linked above - you may well have a problem.