citizenship application and trips

[resalien 3]

Hello,

In the application for citizenship it asks to write all trips outside of U.S. I only remember the last two years with exact dates. The resi I can only estimate. Also, I would be able to find it through my passport as Canada customs never stamped my entry date. What do I do? Also if all my trips adds up to a year away from the U.S will it prolong my eligibility for citizenship. Right now I am eligible to apply next may.

[Dave&Roza 748]

Hello,

In the application for citizenship it asks to write all trips outside of U.S. I only remember the last two years with exact dates. The resi I can only estimate. Also, I would be able to find it through my passport as Canada customs never stamped my entry date. What do I do? Also if all my trips adds up to a year away from the U.S will it prolong my eligibility for citizenship. Right now I am eligible to apply next may.

You could always try a FOIA to get your records from the CBP here if you want the exact dates. To see how these trips affects your eligibility for USC have a look at this website. That is why as a LPR you should record the date of all trips as you take them just encase you ever want to apply for USC, you have the necessary information readily available.

Good luck,

Dave

Edited July 24, 2013 by Dave&Roza

[resalien 3]

Thanks, I will contact them to get my records. I don't know think I am at risk of not being able to apply next year. Even if my trips are just over a year. I have not left the U.S for more than 6 more or a year at any time. I have so much to worry about. The next comes taxes. If I apply next year, they would want my taxes for 13, 12, 11. For 2011,I was married and filed jointly. For 2012 I had no income and taking care of kid. Stay at home dad. and possibly 2013 I may not have any income. I haven't filed. I am searching but nothing as of yet. How do I explain? I am not on welfare. Sometimes I wish I was on welfare because at least they would know and I would have filed taxes. He stupid CPA tells me I am not allowed to file taxes if I don't have income. I can't even claim my child support.

Edited July 24, 2013 by resalien

[Dave&Roza 748]

Thanks, I will contact them to get my records. I don't know think I am at risk of not being able to apply next year. Even if my trips are just over a year. I have not left the U.S for more than 6 more or a year at any time. I have so much to worry about. The next comes taxes. If I apply next year, they would want my taxes for 13, 12, 11. For 2011,I was married and filed jointly. For 2012 I had no income and taking care of kid. Stay at home dad. and possibly 2013 I may not have any income. I haven't filed. I am searching but nothing as of yet. How do I explain? I am not on welfare. Sometimes I wish I was on welfare because at least they would know and I would have filed taxes. He stupid CPA tells me I am not allowed to file taxes if I don't have income. I can't even claim my child support.

If you are married you should be filing your taxes as marreid filing jointly just so your spouse can claim your deductions on thier income. You are a LPR--since you are thinking about filing for naturalization --so you are required by US law to FILE a tax return unless you can show in the code of federal regulations (CFR) that you are not required to file an income tax return (you go to the IRS site and look under "Who is required to file a tax return." If you meet those requirements you can use that for the USCIS instead of an actual tax return.) I would fire the CPA as he is not totally correct and it sounds like he is not looking at all the possibilities in order to lower your tax bill (most CPAs are like lawyers in that they take all the infomration you provide them and they complete the forms ust like you would. The better ones actually know the tax laws and will examine your information to help you pay less in taxes). It sounds like your trips are a non-issue other than being able to properly document them.

For taxes you can always file a previous years tax return, or amend your spouse's, which helps with the USCIS and could helpp your pocket book by getting you and your spouse a larger refund--this is given that you did not work and the spouse could have reduced their taxable income by the standard deduction of approximately $10,000.

Good luck,

Dave

[sampatel1 0]

You should always file Taxes jointly. My spouse does not work and has not worked for the last 10 yrs and we always file jointly. Your CPA is an ####### and you immediately need to find a new one.

[resalien 3]

Hi Dave,

I am sirry. I forgot to mention that I am divorced as of Dec of 2012. I have no problem with 2011 tax filing but 2012 and 2013. I googled and I even went to turbo tax and at the end I got a message that I am not required to file. My main concern is what I should show or send when I am applying for naturalization. Print the message from the tax software? Divorce and unemployment sure does complicate things. I had no problem with ROC no interview or anything. This will be a challenge

[Dave&Roza 748]

Hi Dave,

I am sirry. I forgot to mention that I am divorced as of Dec of 2012. I have no problem with 2011 tax filing but 2012 and 2013. I googled and I even went to turbo tax and at the end I got a message that I am not required to file. My main concern is what I should show or send when I am applying for naturalization. Print the message from the tax software? Divorce and unemployment sure does complicate things. I had no problem with ROC no interview or anything. This will be a challenge

The USCIS expects every LPR and USC to FILE a tax return each and every year. That is one reason I think everyone should file a tax return whether required to or not. Then in situations like this you have the proper paperwork. You need to go to the IRS website and find where it lists the requirements for filing a tax return. Print that out and show the USCIS that you do not meet any of those conditions and thus are not REQUIRED to FILE a tax return. Another option is to back file the missing years. Who knows, you may qualify for a tax credit that went unclaimed and you get some money back from the US government. Then order tax transcripts for those years fro the IRS and include them in your ROC packet.

Good luck,

Dave

Edited July 28, 2013 by Dave&Roza

[Autumnal 25]

Canada won't stamp your passport for going through a land border if you are a Canadian/US LPR. I didn't have a stamp coming into the US, and I have never received one driving back and forth. Flying is a whole other matter nowadays. You don't need to get proof from the Canadian government unless you were going there on a visa (e.g., you're not Canadian), just try to estimate the dates and length as best you can.

Do you have any records you can reference?

- Bank statements

- Emails

- Travel minutiae (plane tickets, ferry stubs, etc.)