Question about income tax

[Hopefully Sooner 2]

Hi, first of all I want to say that this is a great forum for everyone with similar concerns. Thanks for all the help.

Here's my prologue:

I got married last January 30, 2012

Received my conditional GC on April 20, 2012

Expires on April 20, 2014

Now for the taxes...I cannot provide transcripts for the year 2011. The reason being is that neither my wife nor I worked during that year so there was no reason/need to file since no income was made. (We were supported by her parents)

I can definitely provide tax transcripts for the year 2012 since I worked as soon as 2 weeks after I got my conditional green card and working up until now.

I believe I will also be able to provide tax transcripts for our current year, 2013, even if my GC expires on April 2014. I will file right when I get my w2 so I can get my tax transcripts ASAP.

Therefore, I will have tax transcripts for the year 2012 and 2013, but not for 2011.

Somebody knowledgable please enlighten me with some thoughtful logic in this topic of taxes.

[Steve D. 22]

First rule of taxes: Always file even if you have no income. In your case her parents are going to declare you two as dependent and if you don't file anything for that year... well, I doubt you are going to have serious issues in ROC.

HOWEVER, it might come back and bite you during your Naturalization (N-400 process) since they are pretty ####### about taxes... or not, if you got lucky that is.

[Hopefully Sooner 2]

Thanks for your reply. Well I didn't know I was supposed to file without income. I don't think it is necessary or even mandatory. I was just thinking, to be safe from RFE, I will just write a statement as to why my wife nor I filed taxes for 2011 since we both didn't work at the time.

Yes, her mom claimed her as dependent for the year 2011.

[Steve D. 22]

Thanks for your reply. Well I didn't know I was supposed to file without income. I don't think it is necessary or even mandatory. I was just thinking, to be safe from RFE, I will just write a statement as to why my wife nor I filed taxes for 2011 since we both didn't work at the time.

Yes, her mom claimed her as dependent for the year 2011.

Like I said, chances of that causing a RFE during ROC is pretty slim. Since taxes is one of the least concerned item in the ROC package, they'd rather see something that would support your marriage such as co-mingling finances, assets, this, that.

But the chances of RFE during your naturalization (N-400) is going to be very, VERY high, since taxes are the first thing they look at.

[Hopefully Sooner 2]

Thanks again. For the N400 I will probably have more joint tax transcripts by then, except for 2011. But I didn't file because I didn't want to, it is simply because we didn't earn income and my wife was dependent at that time.

I know I'm thinking way ahead, but I want to be prepared and gain as much knowledge. I do appreciate the insights.

[Hopefully Sooner 2]

I have just enlightened myself from the stress of taxes. For 2011 my wife actually worked at hot topic for a few months, but she wasn't required to file taxes due to the low earnings she made. But she still has the w2 here with us at the house, and now realizing that we can file with little or no income, I've decided to use her w2 for 2011 and file it even if its late. At least the IRS will then have a record for 2011 and thus my wife and I will be able to provide a tax transcript for that year. Any thoughts?

Edited January 6, 2013 by Hopefully Sooner

[Steve D. 22]

I have just enlightened myself from the stress of taxes. For 2011 my wife actually worked at hot topic for a few months, but she wasn't required to file taxes due to the low earnings she made. But she still has the w2 here with us at the house, and now realizing that we can file with little or no income, I've decided to use her w2 for 2011 and file it even if its late. At least the IRS will then have a record for 2011 and thus my wife and I will be able to provide a tax transcript for that year. Any thoughts?

Even if you flied late, that's still way better than not filing at all.

If transcript it out of the question, provide a copy of filled out, signed form including the envelope as part of the 2011 return, do include an explanation.

[Hopefully Sooner 2]

Even if you flied late, that's still way better than not filing at all.

If transcript it out of the question, provide a copy of filled out, signed form including the envelope as part of the 2011 return, do include an explanation.

Nice. Yes brother I get what you're saying we are def. on the same page. I'm so happy that tax laws allow us to file late and thank you to my wife for working in 2011!