Question about tax returns rule

[Lightbird 17]

Hello there all!

 

So my window for Naturalization opens Dec 22 and I am reading through the instructions the tax returns for the past 3 years based on being married with a US citizen. So far we have filed taxes for 2020 & 2021.

Do you think I should wait first before applying to file the 3rd year also, or I can always apply and just wait for a RFE down the road?

[Dashinka 24,492]

You do not have to submit copies of tax returns when you file the N400.  That information is only needed for the interview.  My advice, if you meet all the requirements, file now, and by the time the interview comes around you will have copies of the third year of tax returns.

 

Good Luck!

[Mike E 11,739]

2 hours ago, Lightbird said:

 . So far we have filed taxes for 2020 & 2021.

 

Per your timeline, you weren’t an LPR in 2019.  You were not required to file in 2019.  
 

Did your spouse file  as married filing separately  for 2019?
 

Quote

Do you think I should wait first before applying to file the 3rd year also, or I can always apply and just wait for a RFE down the road?

You can apply now.  You should not get an RFE for your 2022 tax return  unless your case is adjudicated after April 15, 2023.   

[Lightbird 17]

12 minutes ago, Mike E said:

 

Per your timeline, you weren’t an LPR in 2019.  You were not required to file in 2019.  
 

Did your spouse file  as married filing separately  for 2019?
 

You can apply now.  You should not get an RFE for your 2022 tax return  unless your case is adjudicated after April 15, 2023.   

Yeah in 2019 she filed as head of household while we were waiting for the i130 to be completed. I got lpr status in March and 2020.

 

Nice hopefully they wont be as slow as they are with my i751!

[nastra30 2,284]

1 hour ago, Lightbird said:

Nice hopefully they wont be as slow as they are with my i751!

Is your I-751 already approved?

If not filing N400 could help it get approved as part of the process to get the N400 approved. 

 

The N400 process will run its course separately. However, N400 will never be approved until the I-751 has been approved. These are the scenarios:

*It's possible you might get a combo interview for both N400 and I-751.

*It's possible you could get the I-1751 interview/approved while the N400 is running its course separately.

*It's also possible for the I-751 to be approved after you've already completed your N400 interview (which wouldn't have been approved then). So once, the I751 is approved the N400 will be approved and then you'll scheduled for the oath ceremony.

 

Hope for a combo interview which seems to be happening a lot lately.

Edited December 1, 2022 by nastra30

[Lightbird 17]

On 12/1/2022 at 6:29 AM, nastra30 said:

Is your I-751 already approved?

If not filing N400 could help it get approved as part of the process to get the N400 approved. 

 

The N400 process will run its course separately. However, N400 will never be approved until the I-751 has been approved. These are the scenarios:

*It's possible you might get a combo interview for both N400 and I-751.

*It's possible you could get the I-1751 interview/approved while the N400 is running its course separately.

*It's also possible for the I-751 to be approved after you've already completed your N400 interview (which wouldn't have been approved then). So once, the I751 is approved the N400 will be approved and then you'll scheduled for the oath ceremony.

 

Hope for a combo interview which seems to be happening a lot lately.

Not yet approved, I submitted it in December last year, when the window opened, and after the biometrics in January it has been stuck there.

But yeah my thought was to get the process started because I have talked to coworkers of mine that recently got naturalization and it only took them a few months, so was hoping my case will actually get noticed.

 

Though I am just being optimistic. USCIS had trouble verifying my status when they were background checking my wife during a job application of hers and wanted to see the actual letter they had sent alongside the application I had filled >.>