IRS and N-400

[caramella 0]

I filed my application for citizenship N-400 yesterday, but my husband is still paying for his overdue to IRS and we have agreement with them, so as I know since I came here to USA in 2008, personally I didn't owe any overdue to irs.

But I said my husband does.

So my question is : is this problem will be issue for me to deny or delay my citizineship?

Please any advice or clarify will be appreciated.

Thank you

[Ian H. 207]

No, this won't be an issue. You aren't "technically" the one that owes overdue taxes. However, keep in mind that since you file jointly, it's possible that they may ask for proof of the payment agreement, so I would bring that to the interview.

The reason I suggest you bring proof of the agreement is because when you file jointly, the tax liability falls on both spouses, even if only one of you owes money. The only way you could be exempt from his tax liability, is by filing for innocent spouse relief.

Therefore, just the agreement where it says he agrees to pay the outstanding liability and a current statement if possible, is needed. But, don't worry about this too much because it's very likely that they won't even look at this or ask about it. Even if they do, again it's not a problem as long as your husband is current with payments.

As for the tax liability, you can talk to an accountant or other tax professional about filing for innocent spouse relief, just in case your husband can't pay, that way the IRS doesn't come after you for the past due taxes.

Here is a link:

http://www.irs.gov/taxtopics/tc205.html

[kcoyclay1 98]

No, this won't be an issue. You aren't "technically" the one that owes overdue taxes. However, keep in mind that since you file jointly, it's possible that they may ask for proof of the payment agreement, so I would bring that to the interview.

The reason I suggest you bring proof of the agreement is because when you file jointly, the tax liability falls on both spouses, even if only one of you owes money. The only way you could be exempt from his tax liability, is by filing for innocent spouse relief.

Therefore, just the agreement where it says he agrees to pay the outstanding liability and a current statement if possible, is needed. But, don't worry about this too much because it's very likely that they won't even look at this or ask about it. Even if they do, again it's not a problem as long as your husband is current with payments.

As for the tax liability, you can talk to an accountant or other tax professional about filing for innocent spouse relief, just in case your husband can't pay, that way the IRS doesn't come after you for the past due taxes.

Here is a link:

http://www.irs.gov/taxtopics/tc205.html

Excellent response

[caramella 0]

Thanks so much for the response, one more thing is when I was Filling out the form and I faced the question ( do you owe any overdue to federal, state, local taxs?) I said YES because me and my husband usually we are doing taxs every together since I came here in 2008, but surely IRS issue was since 1999 to 2005.

Thank you again

[Ian H. 207]

If that was the case, then you should have put "No". If you came here and got married in 2008, you wouldn't be responsible in any way, shape, or form, for your husband's previous tax liability. The only tax liability in which you would be responsible, is for 2008 and upwards if you filed jointly and didn't claim innocent spouse relief.

Are the taxes that your husband owes from before you got married or afterwards? If they are from before you got married, then you filled out this part on the N400 incorrectly because you do not owe anything to the IRS. If they are from after the marriage, then my previous post applies. Could you please clarify your situation?

Thanks so much for the response, one more thing is when I was Filling out the form and I faced the question ( do you owe any overdue to federal, state, local taxs?) I said YES because me and my husband usually we are doing taxs every together since I came here in 2008, but surely IRS issue was since 1999 to 2005.
Thank you again

[caramella 0]

Oh my God! What I should do?

Here is my situation I came in 2008 by visa fiancé, and then we got married in April of 2008, so I got my green card, I have with him 2 girls now, so I applied 2 days ago for my citizenship.

And I said YES to question about owe overdue tax to federal...

About my husband has this tax issue from 1999 to 2005 but he's paying monthly and we have agreement with IRS office.

So now please tell me what I should do for my N-400? Should I whrite a explanation letter to uscis? Or what?

Thank you so much

[Ian H. 207]

No, you don't have to worry about that for now. Just point it out to the officer during the interview that you made a mistake on the application.

You simply state to the officer that you put down yes on that question because since you file taxes jointly with your spouse, you were under the impression that his overdue taxes were your responsibility as well.

Then you found out that because his tax liability was from before you were married, you aren't responsible for it along with him.

It's really simple. It's a simple mistake and it's no cause for concern. The important thing here is that you don't owe any taxes, so it wouldn't affect your naturalization process in the slightest. Good luck!

[caramella 0]

Thank you so much, I appreciate your answers.

God bless you!

[Sam3323 0]

Oh my God! What I should do?

Here is my situation I came in 2008 by visa fiancé, and then we got married in April of 2008, so I got my green card, I have with him 2 girls now, so I applied 2 days ago for my citizenship.

And I said YES to question about owe overdue tax to federal...

About my husband has this tax issue from 1999 to 2005 but he's paying monthly and we have agreement with IRS office.

So now please tell me what I should do for my N-400? Should I whrite a explanation letter to uscis? Or what?

Thank you so much

I got my yellow letter asking me: If you owe taxes to IRS, state or local, then bring repayment agreement (sign with IRS) and payment history to the interview.

I don't owe any taxes to IRS. I paid remaining taxes with my Tax return (taxes after withholding from my paycheck), but any taxes paid with tax return is not show in Tax return transcript (it show as I owe taxes to IRS), These transactions show in account transcript. So, I'm going to take Account Transcript for past 3 year to the interview.

I suggest you to order account transcripts from IRS website and bring to interview. And also your husbands Bank statement that show, he is paying over due taxes to IRS. And also any agreement he has with IRS. It's good idea to bring as many proof as possible in interview.

USCIS take over due taxes seriously than any other issue.

Edited September 11, 2014 by Sam3323

[Ian H. 207]

This doesn't apply to the OP because her husband owes taxes from before they were married.

[Ian H. 207]

The OP herself does not owe the IRS.

[caramella 0]

I will do my best to collect all documents to show them that my husband is paying them monthly.

Thanks my friends ...

[Ian H. 207]

Like I said before, the installment agreement along with a recent invoice or statement from the IRS which shows when the last payment was made, would suffice.

However, you are only doing this to prove that you made a mistake on the application and that it is your husband that owes the taxes, not you.

You have to make perfectly clear to the IO that this was from before your marriage and that you are not responsible for those taxes, in case he/she overlooks this. Good luck.

[caramella 0]

Sounds good! I really appreciate your advice.

Thx so much

[aliraza 0]

Hi, have you filed n-400? and what's your case status. What did  you mark(yes or no) for tax debt question? I signed also payment agreement with IRS for this year.