N400 Filing Questions

[Lexushim 105]

Hi,

So a few questions about filing for N400 for my mom. She is a LPR since 2008 and she spent 7 months from Sept 2014 till April 2015 in Pakistan. Then, she again left for Pakistan in August 2015 and returned in January 2016. (4 months) and since then living here...So her 5 year starts from April 2015... right? 

Also, my dad has jointly filed for tax with my mom since "tax period: December 31, 2015"

So what years IRS transcript should he attach with the N400? Last 5 year from today is Sept 2015. Is it tax year of 2015 or 2014?

*Will have more followup questions...

[ThaOne 101]

59 minutes ago, Lexushim said:

Hi,

So a few questions about filing for N400 for my mom. She is a LPR since 2008 and she spent 7 months from Sept 2014 till April 2015 in Pakistan. Then, she again left for Pakistan in August 2015 and returned in January 2016. (4 months) and since then living here...So her 5 year starts from April 2015... right? 

Also, my dad has jointly filed for tax with my mom since "tax period: December 31, 2015"

So what years IRS transcript should he attach with the N400? Last 5 year from today is Sept 2015. Is it tax year of 2015 or 2014?

*Will have more followup questions...

Unless this is something new, I don't think that you have to submit your tax returns when you are applying. At least I didn't. If memory serves me well you are asked to bring them at the interview only. You can attach that if you want when you file that online as they ask if you have any documents you think could be pertinent but tax returns at the moment of filing are not required. If you are filing now only, you will not get an interview in 2020, that's for sure. In normal times you wouldn't, but now with the COVID lockdown and USCIS funding that's a 100% impossibility. You would maybe not even get a biometrics appointment in 2020 (although that isn't 100% sure) based on how backed up they are right now. So you would be getting your interview for 2021 or in the most unlikely but possible situation in 2022.

But it should be 2021 sometime. So USCIS asks for your five (5) LAST tax returns. If you count down (if the interview is in 2021) that means taxes for 2020, 2019, 2018, 2017, 2016.

[Lexushim 105]

8 minutes ago, ThaOne said:

Unless this is something new, I don't think that you have to submit your tax returns when you are applying. At least I didn't. If memory serves me well you are asked to bring them at the interview only. You can attach that if you want when you file that online as they ask if you have any documents you think could be pertinent but tax returns at the moment of filing are not required. If you are filing now only, you will not get an interview in 2020, that's for sure. In normal times you wouldn't, but now with the COVID lockdown and USCIS funding that's a 100% impossibility. You would maybe not even get a biometrics appointment in 2020 (although that isn't 100% sure) based on how backed up they are right now. So you would be getting your interview for 2021 or in the most unlikely but possible situation in 2022.

But it should be 2021 sometime. So USCIS asks for your five (5) LAST tax returns. If you count down (if the interview is in 2021) that means taxes for 2020, 2019, 2018, 2017, 2016.

I agree but she is planning to apply this week.

Can you explain me what you mean by "You can attach that if you want when you file that online as they ask if you have any documents you think could be pertinent but tax returns at the moment of filing are not required." ?

She is only filing/Submitting the application online by this week on USCIS account... so Still she won't need tax returns upload? If yes, what years...? 2015 or 2014? Or it still won't be needed by interview time...?

 

*Will have more followup questions...

Edited September 9, 2020 by Lexushim

[xyz12345 260]

If N-400 is based on 5-yr residency, just bring the tax transcripts to the interview. IO may or may not ask for them though.

[ThaOne 101]

2 hours ago, Lexushim said:

I agree but she is planning to apply this week.

Can you explain me what you mean by "You can attach that if you want when you file that online as they ask if you have any documents you think could be pertinent but tax returns at the moment of filing are not required." ?

She is only filing/Submitting the application online by this week on USCIS account... so Still she won't need tax returns upload? If yes, what years...? 2015 or 2014? Or it still won't be needed by interview time...?

 

*Will have more followup questions...

First of all I just want to state again that I am not a lawyer but just giving my personal experience and my understanding.

First of all just to be sure we are on the same page, we are not talking about just 1 year taxes (i.e 2014 or 2015) but the last five years.

As for what I meant, it is stated when you file (at least online) to attach any documents you think is pertinent to show that an applicant qualifies. This means anything that can show that the applicant meets the requirements such as having maintained residency in the US. If you want that can be bank accounts, leases... but it CAN also be tax returns, but it doesn't have to be tax returns at the time of filing. The tax returns are important/necessary/mandatory when you actually go to the interview itself. She will have to bring them at the interview. If she files now she will most likely NOT be getting an interview date for before January, 1st 2021. There is NO chance of that in normal times( that's less than 3 months away), but especially now with everything that is going on. So whenever she gets the interview in 2021 she would have already  her 2020 W2(s) so she could file her taxes immediately in January. This means her last 5 taxes at the time of the interview would be 2020, 2019, 2018, 2017 and 2016. So there is NO need to bring at the interview taxes for 2015 or 2014 anyway. So those two years are irrelevant because 2015 would be 6 years ago and 2014 would be 7 years ago.

Now, on the other hand she still must have filed taxes for those years if she worked in the US then. You have to show only the last 5 years, but that doesn't mean you must owe any previous taxes. They expect you not to owe any money but want you to prove that you don't for only the last 5 years only. Keep in mind that they can still do further inquiries. It's the same thing if they ask people if they haven't been arrested. If they wanted to know they can still look into it.

https://www.boundless.com/immigration-resources/documents-required-for-u-s-citizenship/

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

Your mom is a LPR since 2008, so that's way beyond the 5 years anyway. As long as she maintained her LPR status (they let her back in the country so she has) then she is a LPR for 12 years, not since 2015.

Edited September 9, 2020 by ThaOne

[Lexushim 105]

3 hours ago, ThaOne said:

This means anything that can show that the applicant meets the requirements such as having maintained residency in the US. If you want that can be bank accounts, leases... but it CAN also be tax returns, but it doesn't have to be tax returns at the time of filing. The tax returns are important/necessary/mandatory when you actually go to the interview itself.

Hi, Thank you for your response. But we only have her joint tax return transcript as evidence for her residency in USA. (She needs to upload additional evidence that is: birth certificate for kids  and is asking additional evidence (tax record which we have) Won't let me move forward until I upload the additional evidence...

 

Now the confusion for my dad is that when he opens his IRS:

He sees 4 sections (I'll name them below and will tell what years forward he has record)

My dad began filing married jointly with mom since "tax period: December 31, 2015"

Return Transcript: 2016, 17, 18 and still waiting for 2019 to be finally process (covid delay)

Record of Account Transcript: 2016, 17, 18 and N/A.

Account Transcript: 2015, 16, 17, 18, N/A

Wage and Income Transcript: 2013, 14, 15, 16, 17,18, and 19

 

 

So, from what section's transcript and year can we upload for now? if you have any other question about this let me know. We all are confused about this.

 

Edited September 10, 2020 by Lexushim

[ThaOne 101]

3 hours ago, Lexushim said:

Hi, Thank you for your response. But we only have her joint tax return transcript as evidence for her residency in USA. (She needs to upload additional evidence that is: birth certificate for kids  and is asking additional evidence (tax record which we have) Won't let me move forward until I upload the additional evidence...

 

Now the confusion for my dad is that when he opens his IRS:

He sees 4 sections (I'll name them below and will tell what years forward he has record)

My dad began filing married jointly with mom since "tax period: December 31, 2015"

Return Transcript: 2016, 17, 18 and still waiting for 2019 to be finally process (covid delay)

Record of Account Transcript: 2016, 17, 18 and N/A.

Account Transcript: 2015, 16, 17, 18, N/A

Wage and Income Transcript: 2013, 14, 15, 16, 17,18, and 19

 

 

So, from what section's transcript and year can we upload for now? if you have any other question about this let me know. We all are confused about this.

 

Disclaimer: I am not a lawyer. I am just giving you observations from my experience and what I have read, seen online from websites including USCIS.gov and from people I know.

 

First of all I want to clarify something I said about her being a LPR since 2008. If she was always in good standing and still a LPR all this time, then she has been a legal permanent resident for 12 years, but to apply for citizenship there is what they call "continuous residence". So if someone is out of the country for more than 6 months it means they had no continuous residence for 6 months so the clock will start after the person comes back and maintains continuous residence. So yes her continuous residence started all over April 2015 and that is more than 5 years ago so that is good. https://www.uscis.gov/sites/default/files/document/guides/chapter4.pdf

 

I am going to give you my specific case and it was not a problem. I did not attach any tax info during the filing. I got an appointment for my biometrics 3 weeks after filing, which were completed and got a message saying everything was good, they reviewed my biometrics and all information and documents were good. It also says I do not need to do anything at this time and if they needed something they would let me know. They didn't ask for any tax thing.  If I remember well when I applied, you are correct after I attached 1 document it did ask me to add another document but it didn't specifically demand that I attach any tax info. So I believe you have to add at least 2 or 3 documents.

 

But there is NO requirement on what specific document you have to attach unless this has changed and they MAKE you enter tax documents now. I filed in January and back then at least they just asked for documents (any document). This means (if it hasn't changed and now it doesn't specifically tell you to give tax information) you can attach any two documents or more you want that you think makes your case for being qualified (your mom being qualified). A lease could be one (she doesn't have her name on the lease?), a car title in her name, a utility bill, a w2... It can be anything at this point. 

 

Tax info can be part of the documents you attach, and is actually the best one in my opinion. (But again not an obligation). Now you need to understand that "a" document can be 1 year's tax return, so for example tax year 2016 is "a" document. "Another" document can be tax year 2017. The 3rd document can be tax year 2018. At this stage it doesn't even have to be the transcript it can just be a copy of the document you/your father filed and mailed to the IRS when he filed his taxes or sent electronically if done through turbotax or H&R Block. I believe that the form is form 1040. That's all. 

 

If you look at the links I attached in my previous response, and if you search more online, it is 100% clear that you are required to bring all the tax info/transcripts at the interview, but at the time of filing not required but possible if you want that to be your document. There are many documented cases where people did bring their last tax transcripts for the past 5 years at the interview but they were not even asked to show them. But still at the interview still always make sure you have them because it is more likely they ask to see them than not so no need to take any risks there.  If you file now, you will NOT get an interview until past January 1st, 2021, so that will give time to file the 2020 taxes and have for the interview whenever it comes tax info for 2020, 2019, 2018, 2017 and 2016 (the last 5 taxes). 

 

Finally I think one of your confusions is what constitutes "1" document. If you scan 3 tax returns/1040 forms for, let's say 3 years in the scanner and auto feed all 3 of them altogether, you get ONE (1) pdf document. But If you scan them one year at a time then you would have 3 pdf documents to upload and can move along in the process.

 

Rest assured, unless you can confirm that somehow things have changed since I filed in January and now they clearly state that you have to submit the 5 year transcripts, then relax just scan 3 documents and attach. Plus be advised that even to this day well into my process I still have the option if I want to add documents. There is a section on your account once they received everything and the fee where it allows you to still add anything more you want or any more info if you want. Whatever you want. Plus once you file if they wanted anything additional they would send you an RFE.

 

Anyway, this is all I have got for you on this. Bottom line is I did not submit anything for taxes and submitted other documents and they were fine with that. I could have, but I had 3 other documents that could also prove that I was in good standing in the US.

 

I hope that helps. I am not telling you what to do, I am just telling you what myself and others have done and what clearly every website, forum and even uscis.gov says is okay to do.

 

Good day. 

Edited September 10, 2020 by ThaOne