Taxes

[bdawn 66]

Hello Everyone:

I hope someone can help me. I am getting ready to apply for naturalization based on a 3 year requirement being married to my U.S citizen spouse. We have two children together. My question is in regard to a question on the N-400: "Since becoming a lawful permanent resident, have you ever failed to file Federal, State, or Local tax return?" I became a permanent resident (IR-1) on January 29, 2011. The thing is, my wife was in school and was not working when I arrived on the 29th, so we didn't file tax return for 2011. I didn't have any idea about tax return at the time, and she didn't file either. We filed tax return in 2012 and 2013 as married filing jointly. How should I answer the question on the form? It might sound dumb but I really need someone with some experience with the form to help me out. Should I answer yes? If so, what other document should I submit in support of not filing tax return for 2011?

Thank you!

[Shub 78]

You could always file your 2011 tax return now. And by 2011 I mean 2010 -- you file for the previous year, so you can't have filed for 2013 yet, I'm guessing

[bdawn 66]

You could always file your 2011 tax return now. And by 2011 I mean 2010 -- you file for the previous year, so you can't have filed for 2013 yet, I'm guessing

Thank you for replying. I wasn't here in 2010; I arrived on January 29, 2011. I guess I haven't missed filing taxes then, if it has to be filed the previous year.

[Shub 78]

Yep, you file your tax return for the previous year, by the traditional IRS deadline of April 15th, every year (remember that date, it's a question they may ask you as part of your civics test when you apply for citizenship!). It's colloquially called Tax Day.

The fact that you entered the US under the IR-1 status in January of 2011 didn't fully register with me until now.

That means that you need to file a tax return for the year 2011, which you ought to have filed by April 15th, 2012, which you said you did, and then a tax return for the year 2012, which you ought to have filed by April 15th, 2013, which you also said you did.

So it sounds like you and your wife are all squared away for 2011 and 2012.

Now, the last thing you'll want to research is whether your wife ought to have filed a tax return for 2010. You said she was studying and wasn't working in 2010, but that doesn't necessarily exempt her from having to file a tax return. I don't believe that would affect your application for citizenship one way or the other (although don't quote me on that), but it's best to be all squared away with the IRS.

[bdawn 66]

Thank you, once again! You've been really helpful. Yes, she said she did file for 2010 so it seems issues with IRS is solved lol. I'm going to start studying for the test. Thank you.

Yep, you file your tax return for the previous year, by the traditional IRS deadline of April 15th, every year (remember that date, it's a question they may ask you as part of your civics test when you apply for citizenship!). It's colloquially called Tax Day.

The fact that you entered the US under the IR-1 status in January of 2011 didn't fully register with me until now.

That means that you need to file a tax return for the year 2011, which you ought to have filed by April 15th, 2012, which you said you did, and then a tax return for the year 2012, which you ought to have filed by April 15th, 2013, which you also said you did.

So it sounds like you and your wife are all squared away for 2011 and 2012.

Now, the last thing you'll want to research is whether your wife ought to have filed a tax return for 2010. You said she was studying and wasn't working in 2010, but that doesn't necessarily exempt her from having to file a tax return. I don't believe that would affect your application for citizenship one way or the other (although don't quote me on that), but it's best to be all squared away with the IRS.

[Shub 78]

Good stuff! Sounds like you can apply after next Wednesday then, and you can say that no, you did not fail to pay Uncle Sam's dues these past few years

[lori7734 6]

if you had no income not require to file no worries