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nj2peru

Taxes for 2 of 3 years for N400

By nj2peru in US Citizenship General Discussion

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nj2peru Newbie

nj2peru   0

Posted
Filed: IR-1/CR-1 Visa Country: Peru
 Timeline
Posted

Hello,

Hoping to get some guidance on this gap for N400 filing:

I am a US citizen and my wife is a legal permanent resident and Peruvian citizen. My wife and I got married in Peru in July of 2009. She entered the US in Feb 2010 under CR1 visa. She now has her conditions lifted and got her new 10 year green card just last week.

We filed taxes jointly for 2010 and 2011. Yet to file for 2012, but the 90 day window for filing N400 is approaching prior to us filing 2012 taxes. I filed as single in 2009 as she was not yet in the country. She obviously did not file 2009 since she was not working here and has not entered the country until 2010.

N400 requires 3 years of tax transcripts: If we file the N400 between Nov 2012 and Feb 2013 (within 90 day window prior to 3 full years of permanent residence), should we include taxes for 2009 (filed as single for myself only), 2010 filed jointly and 2011 filed jointly? OR should we wait until 2012 taxes are filed to submit N400??

Any help on this would be greatly appreciated!

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let-it-be Proficient

let-it-be   36

Posted
Filed: IR-5 Country: Philippines
 Timeline
Posted (edited)

Hello,

Hoping to get some guidance on this gap for N400 filing:

I am a US citizen and my wife is a legal permanent resident and Peruvian citizen. My wife and I got married in Peru in July of 2009. She entered the US in Feb 2010 under CR1 visa. She now has her conditions lifted and got her new 10 year green card just last week.

We filed taxes jointly for 2010 and 2011. Yet to file for 2012, but the 90 day window for filing N400 is approaching prior to us filing 2012 taxes. I filed as single in 2009 as she was not yet in the country. She obviously did not file 2009 since she was not working here and has not entered the country until 2010.

N400 requires 3 years of tax transcripts: If we file the N400 between Nov 2012 and Feb 2013 (within 90 day window prior to 3 full years of permanent residence), should we include taxes for 2009 (filed as single for myself only), 2010 filed jointly and 2011 filed jointly? OR should we wait until 2012 taxes are filed to submit N400??

Any help on this would be greatly appreciated!

You will probably get an RFE if you only send transcripts of year 2010 & 2011. BUT, by the time you get the RFE you guys would already filed tax for the 2012.

Edited by let-it-be
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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Hello,

Hoping to get some guidance on this gap for N400 filing:

I am a US citizen and my wife is a legal permanent resident and Peruvian citizen. My wife and I got married in Peru in July of 2009. She entered the US in Feb 2010 under CR1 visa. She now has her conditions lifted and got her new 10 year green card just last week.

We filed taxes jointly for 2010 and 2011. Yet to file for 2012, but the 90 day window for filing N400 is approaching prior to us filing 2012 taxes. I filed as single in 2009 as she was not yet in the country. She obviously did not file 2009 since she was not working here and has not entered the country until 2010.

N400 requires 3 years of tax transcripts: If we file the N400 between Nov 2012 and Feb 2013 (within 90 day window prior to 3 full years of permanent residence), should we include taxes for 2009 (filed as single for myself only), 2010 filed jointly and 2011 filed jointly? OR should we wait until 2012 taxes are filed to submit N400??

Any help on this would be greatly appreciated!

You filed as single in 2009 although you were married? I mean, seriously?

So what you need to do is file a amended tax return, known as the 1040X for 2009 to mend this screw-up with the IRS. Then order tax transcripts for 2009, 2010, and 2011. They are free of charge. No need to have the 2012 taxes at this time.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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JB007 Contributor

JB007   4

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted (edited)

This applies only to foreign nationals married with US citizens right? My wife and I sent our N400 forms without providing any previous tax returns. Neither of us is a US citizen (yet)

Edited by JB007

[Timeline]

10/13/2012 -> N-400 filed

10/19/2012 -> Check cashed

10/22/2012 -> NOA #1 letter received

10/25/2012 -> NOA #2 letter received

11/15/2012 -> Biometrics appointment

11/19/2012 -> Placed in line for interview

01/03/2013 -> Interview letter

02/12/2013 -> Interview passed

02/12/2013 -> Oath ceremony

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NickD Grand Master

NickD   203

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

You have to be married at least three years before sending in your N-400, then she can apply 90 days before her third year green card anniversary, also have to prove you were living together for those three years.

Need precise dates, but from what you stated, have to wait at least another year. We applied at the very earliest date for citizenship, was really frustrated with that I-751 process, wife didn't even have her ten year card yet when we applied. Feel applying for citizenship expedited that process, she only had her ten year card for seven weeks. Only to be taken away at her oath ceremony.

Also had to send in tons of evidence, if it wasn't for delays in that I-751 process, would have waited another two years. None of this evidence is required for the five year. Not much has changed since she received her US citizenship. Since our state is the last one on the books, elections were already determined before they got here. Local election candidates ran unopposed. And she still has to maintain her foreign passport to visit her family. Discussing that this morning, another long trip to the consulate in Chicago, have to appear in person.

Now if interested in a government job, a different story, but the government is not hiring now, laying people off or making them take early retirement. So what is the rush?

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