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Posted (edited)

I have to attach an explanation to my N400 application as to why i did not file taxes for certain years while I had my green card. Here's what I came up with:

 

 

[page number]

part number]

[item number]

[a number]

[name]

 

To Whom it may concern:

 

I did not file taxes for the following years:

2008

2009

2010

2014

I did not file taxes for those years because I was barely working and I was not required to file taxes for those years according to the IRS guidelines since I did not earn enough money. I do not owe any back taxes.

 

 

_________

signed

[name]

 

do you guys know if this is sufficient to attach to my N400 application? thanks!

Edited by agrzybianek
Filed: Citizen (apr) Country: Ireland
Timeline
Posted

should be fine.

I am assuming you do not have a spouse you could have filed jointly with.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Romania
Timeline
Posted
4 hours ago, agrzybianek said:

I have to attach an explanation to my N400 application as to why i did not file taxes for certain years while I had my green card. Here's what I came up with:

 

 

[page number]

part number]

[item number]

[a number]

[name]

 

To Whom it may concern:

 

I did not file taxes for the following years:

2008

2009

2010

2014

I did not file taxes for those years because I was barely working and I was not required to file taxes for those years according to the IRS guidelines since I did not earn enough money. I do not owe any back taxes.

 

 

_________

signed

[name]

 

do you guys know if this is sufficient to attach to my N400 application? thanks!

You should probably attach proof of low income for those years  with your letter and clearly explain which IRS guidelines you are referring to - with exact reference ( IRS Tax Code Section A Paragraph B etc.). And also attach proof that you do not owe back any taxes in the form of a recent statement from the IRS going back to those years.

The problem with taxes is that they can easily consider not filing lack of good moral conduct and they can  have you wait for another 5 years , in which case you lose the $725 and gain another 5 years of waiting.

When it comes to the N-400 or any other USCIS forms, the burden of proof is on you as the applicant so you want to make sure you supply enough third party evidence that there is no reasonable doubt left for the agent to make the choice. Supporting evidence is essential to show that what you say in the letter above is based on facts and documents.

 

I am not an immigration lawyer / specialist.

 

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

Posted
8 minutes ago, candybabe said:

You should probably attach proof of low income for those years  with your letter and clearly explain which IRS guidelines you are referring to - with exact reference ( IRS Tax Code Section A Paragraph B etc.). And also attach proof that you do not owe back any taxes in the form of a recent statement from the IRS going back to those years.

The problem with taxes is that they can easily consider not filing lack of good moral conduct and they can  have you wait for another 5 years , in which case you lose the $725 and gain another 5 years of waiting.

When it comes to the N-400 or any other USCIS forms, the burden of proof is on you as the applicant so you want to make sure you supply enough third party evidence that there is no reasonable doubt left for the agent to make the choice. Supporting evidence is essential to show that what you say in the letter above is based on facts and documents.

 

I am not an immigration lawyer / specialist.

 

Thanks for your reply, do you know where I can find the tax codes? I couldn't find anything when I googled it.

 

Filed: Citizen (apr) Country: Romania
Timeline
Posted
2 minutes ago, agrzybianek said:

Thanks for your reply, do you know where I can find the tax codes? I couldn't find anything when I googled it.

 

ok - This is what I found on TurboTax:

 

"Generally, if your total income for the year doesn't exceed the standard deduction plus one exemption and you aren't a dependent to another taxpayer, then you don't need to file a federal tax return. The amount of income that you can earn before you are required to file a tax return also depends on the type of income, your age and your filing status."

" All taxpayers are eligible to claim a standard deduction, and if not the dependent of another taxpayer, then one exemption as well. The standard tax deduction and exemption amounts are fixed by the government before the tax filing season and generally increase for inflation each year"

 

what you could do is go to IRS and find the standard tax deductions and exemptions amounts for the years you did not file and print those - then based on your status ( single / married / dependent ) use that to calculate your threshold and then submit proof of income to show you were under that threshold and as such you did not need to file.

 

I am not an immigration specialist / lawyer.

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

Posted (edited)
59 minutes ago, candybabe said:

ok - This is what I found on TurboTax:

 

"Generally, if your total income for the year doesn't exceed the standard deduction plus one exemption and you aren't a dependent to another taxpayer, then you don't need to file a federal tax return. The amount of income that you can earn before you are required to file a tax return also depends on the type of income, your age and your filing status."

" All taxpayers are eligible to claim a standard deduction, and if not the dependent of another taxpayer, then one exemption as well. The standard tax deduction and exemption amounts are fixed by the government before the tax filing season and generally increase for inflation each year"

 

what you could do is go to IRS and find the standard tax deductions and exemptions amounts for the years you did not file and print those - then based on your status ( single / married / dependent ) use that to calculate your threshold and then submit proof of income to show you were under that threshold and as such you did not need to file.

 

I am not an immigration specialist / lawyer.

One more question if you don't mind. someone told me that if I was a dependent I still need to check the "yes" question asking if i ever have not filed taxes Since they only care if you filed for yourself. Would you say that is correct? 

Edited by agrzybianek
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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