Are IRS tax transcripts enough evidence for N-400?

[Jason96 1]

So I am working on trying to file the N-400 form for my wife, and I'm going thru the document checklist at outlined in the M-477 form, and they list three different lines of types of evidence to submit for documents referring to me and my spouse:

 

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children; OR

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past 3 years; OR

c. An IRS tax return transcript for the last 3 years

 

My question is, I have 3 years of IRS tax return transcripts in hand and I'm wondering if that is sufficient evidence or not? It does have an "OR" for each of the three lines, which makes me believe they only need one of the three lines of documents, so has anyone out there filed the N-400 with only tax return transcripts and no other evidence? Given that all of the other filings were so much more exhaustive and laborious to provide all of the documentation, I'm a little skeptical this is all that is needed, but I'm also hopeful that it is, as that makes the filing process SOOOO much easier, as I can just submit those transcripts along with the other required items, and I'm good to go.

 

So does anyone have any thoughts on this, or should I provide the tax return transcripts along with the documents from line a. above?

 

Thanks so much in advance for your time and help!

[aleful 1,905]

hi

 

you need more than one evidence to present at the interview if you are filing under the 3 year rule

 

you have to show co mingling of finances and proof of bona fide marriage

 

 

[Jason96 1]

When I filed to remove conditions, I already supplied them with bank statements, utility bills, and other documents with our names and accounts together, so would assume they would have access to my past filings that had that information in it.  Also, I can bring those additional documents to the interview if needed, I am just trying to avoid sending in a ton of more paperwork with this filing if it is not needed. However, if it is needed to send in with the application, then it just is what it is. So I'm not sure I completely understood your post.  Are you meaning that you think it would be fine to just only sent the tax transcripts, and then have additional documentation at the interview, or were you meaning to say to send all of the additional documentation along with the tax transcripts when filing the N-400? I am just not entirely sure how to take your post, but thanks for commenting just the same!

 

Oh, and one last bit of information based on your comment. We have been married for 6 years now and are well past the 3 year minimum mark required to file, so we are good to go on that end of things.

Edited November 15, 2017 by Jason96

[Jason96 1]

Does anyone else know if IRS tax return transcripts are sufficient evidence alone for the N-400 application?

[Holt 73]

How long has she been living in the state ?

If she has been living in the state for more than 5 years then she will be considered for 5 years residency applicant. It will be less messy than filing under 3 years residency.

 

Edited November 17, 2017 by Holt

[Holt 73]

I don’t really get your questions. You meant 3 years tax transcripts are enough or you meant will tax transcripts be treated as tax returns ?

[Jason96 1]

She has been living here since July 2011, so it has been over five years at this point.

[Jason96 1]

Yes, I was asking if it was sufficient to only send 3 years of IRS tax transcripts as documentation of relationship, since the application listed three sets of things to send in, and the last 3 years of IRS tax transcripts was one of the, and I have those in hand to send, so I was just wondering if that was all that was really needed?

[Holt 73]

Then she will apply as normal applicant, 5 years tax transcripts are preferred.

My IO only asks if I owed any Federal taxes, and I told her No. She did not ask for any evidences.  

As long as she establishes Good Moral characters, there is nothing you and her need to worry about. 

 

You don’t need to be so much worried about the proof of relationship - too.

 

Edited November 17, 2017 by Holt

[Jason96 1]

On the form I marked it applying for citizenship based on marriage to a US citizen for the last 3 years. I only have transcripts for the last 4 years at most, not 5 years, and at this point I can't request transcripts from the IRS for more than 3 years back, so at this point I believe I may be best off applying under this rule, but since you said it would be less messy to file under the 5 year residency rule, what is your take on this? 

[Holt 73]

You spouse is qualified for both because she has been living in the State for more than 5 years, and also married, living with a UCS for at least 3 years. 

The two big difference between filing 5YR and 3YR are:

(1) Time you can apply. (As you already know)

(2) Under 3YR, you must provide proofs of marital union with your spouse (As you are preparing)

Under 5YR, you don't have to show you and your spouse are remained married and "living in marital unity." It will be a lot of easier. 

 

 

However, some people will go with the marriage route (3YR) because: 

-If they travelled a lot during the first two years of residence and run into some issues (like proving continuous residence requirement), 3YR will be better because only the last 3 years will be considered. 

-If they had arrest for more than 3 years ago, she will only need to show Good Moral Character for the last 3 years. 

 

This is only my suggestion, and not a legal advice. 

 

Edited November 17, 2017 by Holt

[Holt 73]

If you have already filed, then last 3 years are enough. You don't have to be worried. Some applicants are living only in the state for 2 years and 9 months, and they only bring 3 years- tho. 

[Jason96 1]

Thanks for that information you shared!   I have not yet filed the application, and since I don't have 5 years of IRS transcripts, I'm thinking I may be better off then just filing under the 3 year route.  In your post above, you said that I would need to provide proof of marital union, so in your thinking, then should I include other things with our names together like utility bills, bank statements and such?  I was hoping to avoid sending bank statements, as that is just very personal, and when I sent them last time with an earlier filing, I blanked out my account numbers and account balances, as I didn't feel that was any of their business, so if you think the IRS transcripts are sufficient, then I would like to only send that, as I already have that copied and ready to go, and I hate giving such personal documents for complete strangers to see.

 

I have everything else copied and ready to send, it was just the documents referring to me and my wife that I was a little hung up on, so it sounds like maybe I'm too worried for nothing.  My main reason for feeling concerned is it seemed with earlier applications that I killed two trees worth of paper to send them all of the evidence and forms and documentation to prove my case for those applications, and so this application just seem to "simple", and so I want to believe it is just as easy as it sounds, but I don't want to get trapped by that thinking and not send enough information. You are most likely right and I'm just over thinking this. LOL

[Holt 73]

If I were you, I would apply as under 5 years-residency. It will a lot easier for you because you don't have to prove anything to IO excepts your Good Moral characters (and continuous, physical presence).

 

Applying under 5 years rule, you only need:

-Copy of Green Cards.

-A check.

That is it.

 

Tax transcripts and other evidences only needed for your wife to bring in the day of interview. The interview letter will ask you what to bring on the interview.

I said 5 years are preferred but if you don't have it, means you don't have it. There is nothing you can do. 

 

 

Edited November 17, 2017 by Holt

[Jason96 1]

Ah, I think I understand what you are meaning, because when I look at the M-477 document checklist, it never says any documents are required beyond a check and photocopy of her permanent resident card, and it is only if filing under the basis of marriage to a US citizen that all of these extra documents are required.  I was not understanding that, so I appreciate you clearing that up for me!

 

I was thinking that it would be better for me to apply on the basis of marriage, since all of our prior filings have been based on that premise, and it would go better filing based on marriage, but it sounds like you believe it would go better if filing on the basis of 5 years of residency. This is all so new to me to consider the 5 years instead of the marriage basis, so is it less "messy" to file under the 5 year rule only because there are less documents to send in, or are there other reasons it is easier and less messy in your understanding? 

 

Finally, if I did still file under the 3 years and marriage basis, do you still believe I should include additional documentation beyond IRS tax transcripts then?