Advice please - wrong address on 2019 tax return

[Viridian 10]

So I filed my I-751 in May last year. When I was going through gathering evidence, I noticed (for the first time) that our joint tax return for 2019 had the wrong address. The return was completed by a tax professional with H&R Block, and we didn't catch the mistake before filing it. The mistake is obvious, as it is clearly not a real address ("37th and St"). 

 

Hoping to avoid making this into an issue, I chose not to submit the 2019 tax return with the I-751 - just 2020. I now feel this was a mistake, as it seems very likely that we'll (eventually - we're YSC) get an RFE asking for the 2019 return and then have to explain it to USCIS anyway, and now it'll look like we were trying to hide something.

 

Just to complicate things a bit further, my wife and I lived apart for some of 2019-20, as she was studying in a different state (Details here). We moved into our current place in June 2020 and have lived together ever since. We filed taxes jointly for 2020 and again this year, and everything was correct.

 

I don't feel like I've handled this situation well, and am concerned about how it could affect my application going forward. I would be grateful for any advice - either practical steps I can take to prepare for the RFE/interview grilling, or - if I'm actually just worrying about nothing here - a reality check! I'm also hoping to submit my N400 at the end of next month, so I really don't want the I-751 to get caught in limbo because of this.

[Crazy Cat 41,888]

I think you are worried for nothing.  However, sending the tax return with the wrong address would have been fine....especially since it was a joint return. The important things are your filing together.  Good Luck....If you get an RFE, just send them what they want. 

[Rocio0010 5,579]

Worrying at this point is useless, because there is nothing you can do other than wait and see. What other evidence did you send with your I-751? 

Yes, you should have sent the tax return even with the wrong address, because what they are wanting to see with it is comingling of finances, not a joint address. 

[Viridian 10]

6 minutes ago, Rocio0010 said:

Worrying at this point is useless, because there is nothing you can do other than wait and see. What other evidence did you send with your I-751? 

Yes, you should have sent the tax return even with the wrong address, because what they are wanting to see with it is comingling of finances, not a joint address. 

 

I also submitted:

• Partial copies of two lease agreements showing joint occupancy of current residence from July 2020 to January 2022
• Four bank statements showing joint checking account & transaction history, 2019-2021
• Two bank statements showing joint savings account & transaction history, 2019-2021
• Complete joint federal and state tax returns for 2020
• 1095-B forms for 2019 and 2020 showing joint health insurance policy
• Copy of our health insurance cards showing joint policy

So I'm hoping that's enough to show commingling of finances. I plan to submit my N400 at the end of next month and will attach tax returns for all three years (2019, 2020, and 2021) so they'll have them all for that, at least.

[Rocio0010 5,579]

1 minute ago, Viridian said:

 

I also submitted:

• Partial copies of two lease agreements showing joint occupancy of current residence from July 2020 to January 2022
• Four bank statements showing joint checking account & transaction history, 2019-2021
• Two bank statements showing joint savings account & transaction history, 2019-2021
• Complete joint federal and state tax returns for 2020
• 1095-B forms for 2019 and 2020 showing joint health insurance policy
• Copy of our health insurance cards showing joint policy

So I'm hoping that's enough to show commingling of finances. I plan to submit my N400 at the end of next month and will attach tax returns for all three years (2019, 2020, and 2021) so they'll have them all for that, at least.

I would have included all bank statements. What’s done is done. I don’t think there’s much to worry about.

Also, some attorneys are saying do not start your N400 until your I-751 is approved because it can delay the process.

 

[Viridian 10]

Just now, Rocio0010 said:

I would have included all bank statements. What’s done is done. I don’t think there’s much to worry about.

Also, some attorneys are saying do not start your N400 until your I-751 is approved because it can delay the process.

 

Really? I thought the advice was that submitting the N400 could lead to the I-751 being transferred, which could speed up the process. Has this changed? If so, could you please link me to a source?

[Crazy Cat 41,888]

11 minutes ago, Rocio0010 said:

Also, some attorneys are saying do not start your N400 until your I-751 is approved because it can delay the process.

 I don't understand why it would delay an I-751. 

[Rocio0010 5,579]

19 minutes ago, Crazy Cat said:

 I don't understand why it would delay an I-751. 

I was going to send you a DM with a link to a video that explains it, but it says you can’t receive messages. 
But basically what it is, there has been an increase of cases where people show up for a combo interview and they are received by officers saying that they don’t know how to carry an I-751 interview, or saying that they can’t find the file, etc. Apparently it overwhelms the system even more.

That being said, there is no downside of having a delayed I-751… meaning, you’re not going to be out of status, so one might just as well ignore this, and file.

[Family 3,988]

1 hour ago, Rocio0010 said:

That being said, there is no downside of having a delayed I-751… meaning, you’re not going to be out of status, so one might just as well ignore this, and file.

Excellent advice. N-400 is actually forcing them to make a decision on the delayed I-751..

[Crazy Cat 41,888]

3 hours ago, Rocio0010 said:

I was going to send you a DM with a link to a video that explains it, but it says you can’t receive messages. 
But basically what it is, there has been an increase of cases where people show up for a combo interview and they are received by officers saying that they don’t know how to carry an I-751 interview, or saying that they can’t find the file, etc. Apparently it overwhelms the system even more.

That being said, there is no downside of having a delayed I-751… meaning, you’re not going to be out of status, so one might just as well ignore this, and file.

OK.  I see.  Thanks for explaining.  I have seen that happen.....appreciate the reply.

[Rocio0010 5,579]

Just now, Crazy Cat said:

OK.  I see.  Thanks for explaining.  I have seen that happen.....appreciate the reply.

Yep, I think it is -of course- a personal choice. And a matter of luck. It might or might not delay it. Knowing myself, I know I will probably apply for N400 a few days after my window opens, even if my ROC is pending (which, I hope with all my heart is not, but I am not keeping my hopes up!)

[iwannaplay54 985]

13 hours ago, Rocio0010 said:

Yep, I think it is -of course- a personal choice. And a matter of luck. It might or might not delay it. Knowing myself, I know I will probably apply for N400 a few days after my window opens, even if my ROC is pending (which, I hope with all my heart is not, but I am not keeping my hopes up!)

That is the general consensus.  “Lost” files are usually related to multiple A numbers, not pending N400 applications.  

[Rafagus 65]

On 3/20/2022 at 5:36 PM, Rocio0010 said:

Yep, I think it is -of course- a personal choice. And a matter of luck. It might or might not delay it. Knowing myself, I know I will probably apply for N400 a few days after my window opens, even if my ROC is pending (which, I hope with all my heart is not, but I am not keeping my hopes up!)

I believe at this moment, multiple attorneys are saying that filing the N-400 with the I-751 are messing up things.  We can't file the N-400 until October, so, we will wait to make a decision depending on how things are operating then.

[Crazy Cat 41,888]

1 minute ago, Rafagus said:

I believe at this moment, multiple attorneys are saying that filing the N-400 with the I-751 are messing up things.  We can't file the N-400 until October, so, we will wait to make a decision depending on how things are operating then.

I fail to see how filing the N-400 can cause issues.  We have seen multiple attorneys give improper advice.

[Rafagus 65]

14 minutes ago, Crazy Cat said:

I fail to see how filing the N-400 can cause issues.  We have seen multiple attorneys give improper advice.

Agreed that many attorneys give bad advise, but some even give good advise, and some other give great advise.     

 

Attorneys have multiple clients, multiple cases, and what they're seeing now is that, in many instances, people that have filed the N-400 while I-751 have seen their cases messed up because they are scheduled for one interview, but not the other, or the adjudicating officer is not instructed on how to proceed with the I-751 interview, etc. 

 

Everyone's case is different, and whether or not they hire an attorney or file for citizenship while ROC is pending is a personal choice.