N-400 Supporting Documents- US Tax Returns

[NathanM 0]

Hello,

My wife obtained her greencard in November 2013, and we are now looking to file her N-400 citizenship application. However, it mentions collecting copies for her past 3 years of tax returns as supporting documents. Looking back, it appears that although for the 2014 and 2015 tax years we filed jointly, for the 2013 tax year my wife did not file, as she had no income/employment to report for 2013 as we had only been in the US a few short months and may not even have received her SS card by the end of 2013. Was this a mistake? Should we go back and backfile a 2013 return for her even if there is no record of employment prior to submitting the N-400 application?

[Adil & Jeanne 296]

Even with no income she should have been listed as your wife on joint return as your dependent filling married joint return

[NathanM 0]

Even with no income she should have been listed as your wife on joint return as your dependent filling married joint return

Perhaps should have. But it looks like I screwed up and put married filing separately. I believe it might have been the result of Turbo-Tax recommending it on the grounds that we saved slightly that year because she had no income.

[akihon 129]

you might need to fix that then

[squareleg 69]

Fix tax returns.

Obtain transcripts.

Apply for citizenship.

Fairly simple!

[bkghosh 121]

Hello,

My wife obtained her greencard in November 2013, and we are now looking to file her N-400 citizenship application. However, it mentions collecting copies for her past 3 years of tax returns as supporting documents. Looking back, it appears that although for the 2014 and 2015 tax years we filed jointly, for the 2013 tax year my wife did not file, as she had no income/employment to report for 2013 as we had only been in the US a few short months and may not even have received her SS card by the end of 2013. Was this a mistake? Should we go back and backfile a 2013 return for her even if there is no record of employment prior to submitting the N-400 application?

You will need to file a form 1040X for the 2013 calendar year. Generally you will be able to amend a return

• Three years after the date you filed your original return, or
• Two years after the date you paid the tax.

So I think you are still within that time frame.

Once you change the filing status from Single to Married filing Joint, you will see some difference in the taxes. Most likely you should be getting some refund back from IRS. Also, do not forget to amend the state return for 2013.

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

Edited August 2, 2016 by bkghosh

[ktb 15]

I'm in a similar situation.... I am the USC and did not work in 2013 so I did not file taxes. My husband did not work in the US in 2013 so no need to file his taxes either. I sent in our application without it (but included copies of the 2014 and 2015 tax returns). I hope that it isn't going to be an issue....

[NathanM 0]

Just an update to anyone reading this topic: we did not in fact have to re-file our taxes. We explained that I filed my taxes as "Married Filing Separately" in 2013 on what I believe was the recommendation of TurboTax at the time, and that my wife was not required to file that year because she had no income. I included my 2013 tax return and the 2014/2015 returns where we filed as "Married Filing Jointly". We were not required to file additional documents, and my wife passed her interview early in November & had her oath ceremony this past Tuesday.

If I had filed as "head of household", that would have been a different story.