Taxes and financial hardship and applying for citizenship

[xmgirl 4]

I have been a resident long enough to just apply as a normal resident (5 years). Been married to my US husband for 6 years. I want to apply for citizenship but what happens is that we are living I think even below poverty level, he is unemployed and had not been able to find a job in the last year. He moved to live with his parents. I live very basic and do some projects online that gives me some money, but not enough to support him, I live in a shared place. In the past 4 years we had been living together and he had a good pay job. In one of these last year he filed a tax return jointly that later on became a debt to the Revenue Service. Now I get really frustated because I think I would be better off going to my country but I cannot go because I have to keep permanent residency here, and I would to apply to citizenship but I cannot because I have this with debt with IRS. I really live very basic I have no way to pay right now for what is the owed. I do online jobs because I don't even own a car. It is very hard...Is there a way I can apply for naturalization?...

[mozplay 29]

Not sure exactly what you are asking here. But based on what you said, here is some feedback.

1. You will be filing under the 5-year option, so in theory, USCIS should not care about the state of your marriage, but sometimes they do ask.

2. Owing back taxes will not prevent you from getting citizenship as long as you have a plan/agreement WITH the IRS to pay what is owed. You don't have to pay it all back before applying for citizenship, but there needs to be a written agreement - they will want to see it.

3. I don't know of any financial assistance with paying for immigration costs. I'm afraid you will just have to find the money - or borrow it.

4. It seems like you are trying to secure citizenship so that you can come and go between the US and Mexico as you please. Nothing wrong with that ... BUT ...because of your financial and living situation now, be careful of spending too much time there now, as you may be suspected of abandoning your residency.

Good luck.

[Brother Hesekiel 2,236]

Agreeing with point 1 and 2.

Point 3: file the N-400 with a fee waiver, form I-912.

Point 4 is moot as you will be traveling as a US citizen.

[NickD 202]

N-400, check for $680.00, or that poverty form, two passport photos, and a copy of your green card is the only evidence required for the five year. You never divorced your husband so do not need to explain that. If even questioned about living together, you were until you encounted financial difficulties, lot of Americans are facing that issue in this current poor economy.

Key advantage for you obtaining your US citizenship is freeing your husband from that I-864 just in case you require food stamps to survive. When plant in Wisconsin with 3,000 employees packs up and moves to China, a lot of people are hurting, not only those employees, but all the private businesses that depend upon their trade.

Who fault is this that lets these plants move to a foreign country even making laws for tax breaks by doing so. Not only that plant, but many others.

[mozplay 29]

Agreeing with point 1 and 2.

Point 3: file the N-400 with a fee waiver, form I-912.

Point 4 is moot as you will be traveling as a US citizen.

I did not know about the I-912. I stand corrected. Thank you.

As for #4, I meant prior to obtaining citizenship. Sorry that I wasn't clear. Thanks for pointing that out.

[xmgirl 4]

Thank you very much for your advice. I had no idea about the waiver form. But my biggest issue that stresses me a lot is the IRS thing. I just feel like I am in limbo. My husband keeps telling me that he is going to get a job and that he will be able to make some payments, and blah blah, it seems that he wants control over that debt, but its uncertain when he will get a job and I cannot wait and wait forever. He is the one who talks to the IRS, he was the one who sent that tax return (at that time, I had not idea what exactly he filled that came up as a debt, did not understand nothing of that, but he always thinks he is the know-it-all and did it) also at that point I never worked so I depended on him. I am also tired of this because I am even considering separating from him, but this seems to draw me attached to him. He chose to live with his parents and be happy having shelter, food and a comfortable place to live...

[milimelo 4,477]

Thank you very much for your advice. I had no idea about the waiver form. But my biggest issue that stresses me a lot is the IRS thing. I just feel like I am in limbo. My husband keeps telling me that he is going to get a job and that he will be able to make some payments, and blah blah, it seems that he wants control over that debt, but its uncertain when he will get a job and I cannot wait and wait forever. He is the one who talks to the IRS, he was the one who sent that tax return (at that time, I had not idea what exactly he filled that came up as a debt, did not understand nothing of that, but he always thinks he is the know-it-all and did it) also at that point I never worked so I depended on him. I am also tired of this because I am even considering separating from him, but this seems to draw me attached to him. He chose to live with his parents and be happy having shelter, food and a comfortable place to live...

Have a copy of that filed tax return? Or get the tax transcripts for the past 5 years - free from IRS form 4506T. Then take them to a CPA or some accounting school/organizations that provide tax filing assistance. See just how bad the situation is and then file amended returns - married filing separately. Then file the waiver with N400.

[xmgirl 4]

Have a copy of that filed tax return? Or get the tax transcripts for the past 5 years - free from IRS form 4506T. Then take them to a CPA or some accounting school/organizations that provide tax filing assistance. See just how bad the situation is and then file amended returns - married filing separately. Then file the waiver with N400.

Ok, I will start looking for help regarding this. Thank you again for your advice, makes me feel there is hope...

[NickD 202]

Can even file a joint return even with zero income, IRS even recommends people do this, they may even send you a check. But not sure why you are worried about this if applying for the five year, tax returns are not even a requirement.

N-400, check, two passport type photos, and a copy of your green card is all you need.

Sounds like you were only married once, have to write down the name of your husband, his citizenship status, and that is about it, no proof of that marriage is required with the five year.

One thing they don't tell you at a marriage ceremony, as a spouse, you are equally responsible for your spouses debts. You do learn that very quickly in a divorce court.

The only way you can get out of debts to the IRS, is to die. No such thing as hardships, filing bankruptcy, or any other reason.