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ie1059

CR1, Not required to file Tax? ROC implications

By ie1059 in Tax & Finances During US Immigration

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ie1059 Contributor

ie1059   3

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Filed: Lift. Cond. (pnd) Timeline
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Hello dear members,

 

I am in process of waiver ROC currently pending.

 

I entered US in mid Dec 2016. And I did not have any income until I got a job in 2017.

 

I did not know If I am supposed to file for tax or not for the 2016 year?

 

I have timely filed taxes for 2017 and 2018 as married filing joint.

 

Will this be an issue for me?

Edited by ie1059
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Crazy Cat Grand Master

Crazy Cat   41,894

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If you weren't required to file (and you didn't file), I don't see an issue.  You could write a letter explaining that if you want to remove any doubt as to why the 2016 taxes are missing.

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ie1059 Contributor

ie1059   3

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Filed: Lift. Cond. (pnd) Timeline
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Posted (edited)

Thanks for the reply.

 

I was working in Singapore and India in the year 2016 and did not have any income in USA in the year 2016.

 

I however got my social security number after I landed within a couple of weeks I think so, don't remember if it was in ending of Dec 2016 or in Jan 2017.

 

Was I supposed to file for 2016 tax to IRS?

 

If I didn't, will that cause me issues in ROC or further naturalization?

 

What to do now if i was supposed to file? I am confused if i had done something wrong.

 

I talked to H&R block, the tax consultant did not have any clue regarding this situation.

Edited by ie1059
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debbiedoo Experienced

debbiedoo   2,339

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Filed: AOS (apr) Country: Canada
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what visa type did you enter on? a k1 or cr1 (or maybe a k3 back then), you would still file with your spouse even if you had no or very little income.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Wuozopo Veteran

Wuozopo   4,293

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Filed: Citizen (apr) Country: England
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19 hours ago, ie1059 said:

Hello dear members,

 

I am in process of waiver ROC currently pending.

 

I entered US in mid Dec 2016. And I did not have any income until I got a job in 2017.

 

I did not know If I am supposed to file for tax or not for the 2016 year?

 

I have timely filed taxes for 2017 and 2018 as married filing joint.

 

Will this be an issue for me?

With no US income in 2016, you were not required to file. You could have filed jointly with your husband, but that was an available choice, not a requirement. You did nothing wrong and don’t need to muddle the issue with a letter explaining 2016. 
That’s not an issue with ROC. Just focus on providing a variety of things that show you and the husband had a good faith marriage. You have two joint tax returns. Good enough. Now show other things shared. 

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ie1059 Contributor

ie1059   3

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11 hours ago, debbiedoo said:

what visa type did you enter on? a k1 or cr1 (or maybe a k3 back then), you would still file with your spouse even if you had no or very little income.

I entered in mid Dec 2016 on a CR1 visa

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