Help, N-400 on tax status (resident and non-resident)

[June Kinney 0]

Hey guys, I'm really confused and couldn't sleep.

I sent in my N-400 last Friday, and it's supposed to reach NSC on coming Monday. Suddenly, I questioned my tax status. Didn't I or did I file tax as a resident status? In 2005, I was outside the U.S. for 87 days back to Thailand followed my USC who got a job outside the U.S.. When it was the time to pay tax, he filed the extension, and didn't file until Sep 06, using an address in Bangkok. We used Form 1040 to file tax; filing status: Married filing jointly, and my husband also used Form 2555 foreign earn income. Will that make the USCIS think, that I filed tax as a non-resident?

I read a lot of thead about this issue and also read some from the IRS site. It seems like I should be eligile to file N-400, right? Because, I'm holding greencard and living in the US. for more than 278 days in 2005, and more than 290 days in 2006, am I right?

Last question, what do you do to make the USCIS or IRS think that you're filing tax as a non-resident?

I'm sorry if my quesions sound stupid. Well, I'm really confused and don't know how to explain.

[June Kinney 0]

I just want to clarify on my first question. I just wonder if we filed tax by using foreign address, will that make the USCIS think that I filed tax as a non-resident?

[sparkofcreation 0]

I just want to clarify on my first question. I just wonder if we filed tax by using foreign address, will that make the USCIS think that I filed tax as a non-resident?

No. It doesn't matter what address you put on the forms; it matters whether you said you were a resident or non-resident when you filed them. (I forget if there are different forms or just questions you answer differently if you're a non-resident, but in any case, you have to choose to file as a non-resident, not just put a foreign address on the form.)

Sorry my answer is muddled, I keep thinking there's such a thing as a Form 1040-NR for non-residents, but that might just be what my *state* income taxes required when I moved to a different *state*.

[June Kinney 0]

Thanks Sparkofcreation, I'm feeling much better now.

I hope you are right which I think so. I read some information from various websites. It seems like, you have to file form 1040NRA as you said, to declare your non-resident for tax purpose. I looked at my 1040 form, it has no resident and non-resident checkbox for you to choose.

Oh well, hopefully, this is going to be the last time I have to deal with the U.S. immigration bureau.