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humptydumpty

N400 Form Tax Question

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Hi all i have a question about N400 questions which confuses me a little. 
 

Assuming these are the same questions on the online form:


Do you owe any overdue, Federal, State or Local taxes? 

Have you ever NOT filed Federal, State or Local tax return since you became a lawful permanent resident?

 

and i believe there was a question about an Installment Agreement with the IRS online as well.

 

So 1 a 2 months ago my wife found out she never filed taxes (assumed her tax lady already done it) for 2017 when i brought up naturalization and tax returns. 


I became a permanent resident in November of 2017 (years end) and didn’t work until March of 2018.

 

I didn’t pay much attention to it as i didn’t work. So i did file 2018/2019 and don’t owe anything.

 

in the midst of this all, we filed but the IRS has a backlog and didn’t update our portal (has been over 6 weeks) and she owes a small amount for 2017 which we will pay promptly once IRS processed the return. (She also owes and has an installment on 2016 and prior) (We married Sept of 2016)

 

Based on those questions above, at this moment, me being the applicant;

 

- Do I owe overdue taxes?

- Did I fail to file? 
 

Technically it has been filed before my application, though it hasn’t updated and therefore i at this time could not include the tax transcript. But will have it at time of the interview and paid off.

 

If anyone would be able to tell me what i should answer? Unsure how to interpret the question. I have been diligently paying taxes and always on top of everything and i don’t want something like this to destroy the view of my moral.

 

Note: i am filing before the increase on Oct 2nd.

 

 

 

 

 

 

 

Edited by humptydumpty
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Technically I think you have to answer yes since you became an LPR in November 2017 and you did not file with your wife for 2017.  Based on the instructions you can put an explanation in writing and I doubt it will be an issue based on your story.

 

Good Luck!

 

Item Numbers 1. - 50. Answer each question by selecting “Yes” or “No,” where applicable. If any part of a question applies to you or has ever applied to you, you must answer “Yes.” If you answer “Yes” to any of the questions in Item Numbers 1. - 44. in this part, include a typed or printed explanation on a separate sheet of paper. You may also provide evidence to support your answers. If you answer “No” to any question in Item Numbers 45. - 50., include a typed or printed explanation on a separate sheet of paper. Your answers, whether “Yes” or “No,” will not automatically cause your application to be denied.

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On 9/18/2020 at 7:25 PM, Dashinka said:

Technically I think you have to answer yes since you became an LPR in November 2017 and you did not file with your wife for 2017.  Based on the instructions you can put an explanation in writing and I doubt it will be an issue based on your story.

 

Good Luck!

 

Item Numbers 1. - 50. Answer each question by selecting “Yes” or “No,” where applicable. If any part of a question applies to you or has ever applied to you, you must answer “Yes.” If you answer “Yes” to any of the questions in Item Numbers 1. - 44. in this part, include a typed or printed explanation on a separate sheet of paper. You may also provide evidence to support your answers. If you answer “No” to any question in Item Numbers 45. - 50., include a typed or printed explanation on a separate sheet of paper. Your answers, whether “Yes” or “No,” will not automatically cause your application to be denied.

Thank you! Working on that now.

 

Another thing, i came here right before 2017, we were married in the last quarter of 2016. And i did not even have my EAD yet.

 

We filed taxes jointly for 2016, spouse owed taxes and she is on an installment agreement for it. However since i am liable as well, would that still be a “Yes” to do i owe taxes as well? The installment agreement is in her name, the amount owed shows under my IRS online portal as well, however no agreement linked to me for that.

 

Should i give this same explanation as well when filing online? 

Edited by humptydumpty
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