Filing taxes separate during N-400

[Greencard-22 43]

Hey everyone, Happy New Year! Would love some advice based on your experience. Filed I-751 October 2021. The last half of 2022 has been crazy for the hubby and I, with becoming injured and almost losing our apartment. 
 

I haven’t file N-400 yet and my reasons are a bit twofold.
1. Things have been stressful and busy so haven’t had the time to gather docs

2.  I’ve been working as self employed for the last two years. We had to pay back a hell of a lot last year and this year because he’s been injured along with some other financial stuff, we were thinking of filing separate. 
 

So now I have a bit of time and I’m thinking if it makes sense to go ahead and file N-400. I feel like the processing time keeps increasing for I-751 and maybe it’s more realistic to go ahead and file for citizen. 
 

Now my concern is - would it be an issue for us with N-400, if we don’t file taxes together for 2022. We would provide both of our taxes if we decide to file separately and they need it or would it cause an issue with immigration. 

 

And second, has anyone filed N-400 with a I-751 pending since late 2021? And what has your processing time been so far with N-400? 
 

Would love some feedback so we can figure out our next step. Thanks 

[Greencard-22 43]

Hey everyone, Happy New Year! 
 

I have a pending I-751 and I’m considering filing my N-400 but I had a question. Hubby and I filed our taxes joint for the last 3 years (2019, 2020, 2021), but for this current year (2022) we’re considering filing separately for financial reasons. Would that be an issue in our application. Everything else is joint from the time we got married but it’s only the taxes for the new year we might do separate.  
 

Would love some feedback! Thanks 

[Scandi 4,166]

No, won't be an issue. 

[nastra30 2,284]

2 hours ago, Greencard-22 said:

Hey everyone, Happy New Year! 
 

I have a pending I-751 and I’m considering filing my N-400 but I had a question. Hubby and I filed our taxes joint for the last 3 years (2019, 2020, 2021), but for this current year (2022) we’re considering filing separately for financial reasons. Would that be an issue in our application. Everything else is joint from the time we got married but it’s only the taxes for the new year we might do separate.  
 

Would love some feedback! Thanks 

Shouldn't be a problem. Just explain your reasons if it comes up at the interview.

Edited January 11, 2023 by nastra30

[Dashinka 24,488]

I think your tax question has already been answered in your other thread, and I agree, this should not be an issue.  As to processing times for the N400, that is entirely up to workload at your local USCIS office, but it does seem that N400 applications are somewhat prioritized.

 

That being said, I would recommend filing as soon as possible.  Please read the instructions for the N400, the actual amount of required evidence to submit the application is fairly light, don't confuse the material requested to be brought to the interview as required evidence.  You do need this material for the interview, and you can upload that any time after submission or just wait and take it to the interview, but don't let it hold up your N400 submission.

 

Good Luck!

[Mike E 11,739]

1 hour ago, Dashinka said:

does seem that N400 applications are somewhat prioritized.

Per 

https://www.uscis.gov/sites/default/files/document/data/Quarterly_All_Forms_FY2022_Q4.pdf

 it definitely is getting priority. 

 

194,819 petitions filed in Q4 FY 2022. 323,793 petitions resolved, a difference of 128,974

 

 For entire FY2022, 769,989 petitions filed, 953,689 resolved, a difference of 183,700

 

So for first 3 quarters of FY2022, USCIS was averaging (953,689 - 323,793) / 3 = 209,965 resolved per quarter on average versus 323,793 petitions resolved.

 

By comparison, USCIS resolved 109,925 I-751s in FY2022, of which 24,011 were resolved in Q4. So in the first 3 quarters of FY2022, (109,925  - 24,011)/3 = 28,638 I-751s were resolved on average.

 

The conclusion is clear: In FY 2022, USCIS was speeding up N-400s and slowing down I-751s.

 

OP is in NYC. 

 

https://www.uscis.gov/sites/default/files/document/data/N400_performancedata_fy2022_qtr4.pdf

 

6,230 + 1,447 = 7677 petitions were resolved. There a roughly 91 days in a quarter, so assuming no weekends, that is 7677  / 90 * 7 / 5 = 119 cases per day. Cases need to be interviewed so a resolve rate is going to be driven by an interview rate. I doubt NYC is doing much else besides N-400 interviews  these days.

 

As @Crazy Cat says, it's cheaper to file N-400 than to file a writ of mandamus for I-751.

 

At the rate USCIS is clearing the N-400 backlog, maybe we will see I-751 get more priority later in 2023. Or maybe we will see other cases get priority. The USA just added more countries to protected status / humanitarian relief lists.

 

When it was INS, Naturalization came second. Now that it is USCIS, Citizenship comes first, though N-600 case back log is getting no attention.

 

 

[Crazy Cat 41,836]

3 hours ago, Greencard-22 said:

Hey everyone, Happy New Year! 
 

I have a pending I-751 and I’m considering filing my N-400 but I had a question. Hubby and I filed our taxes joint for the last 3 years (2019, 2020, 2021), but for this current year (2022) we’re considering filing separately for financial reasons. Would that be an issue in our application. Everything else is joint from the time we got married but it’s only the taxes for the new year we might do separate.  
 

Would love some feedback! Thanks 

Not an issue.  We filed separately one year.  The important thing is that you filed.

[Penguin_ie 5,993]

***** two threads on the same issue merged. *******

[Dashinka 24,488]

2 hours ago, Mike E said:

Per 

https://www.uscis.gov/sites/default/files/document/data/Quarterly_All_Forms_FY2022_Q4.pdf

 it definitely is getting priority. 

 

194,819 petitions filed in Q4 FY 2022. 323,793 petitions resolved, a difference of 128,974

 

 For entire FY2022, 769,989 petitions filed, 953,689 resolved, a difference of 183,700

 

So for first 3 quarters of FY2022, USCIS was averaging (953,689 - 323,793) / 3 = 209,965 resolved per quarter on average versus 323,793 petitions resolved.

 

By comparison, USCIS resolved 109,925 I-751s in FY2022, of which 24,011 were resolved in Q4. So in the first 3 quarters of FY2022, (109,925  - 24,011)/3 = 28,638 I-751s were resolved on average.

 

The conclusion is clear: In FY 2022, USCIS was speeding up N-400s and slowing down I-751s.

 

OP is in NYC. 

 

https://www.uscis.gov/sites/default/files/document/data/N400_performancedata_fy2022_qtr4.pdf

 

6,230 + 1,447 = 7677 petitions were resolved. There a roughly 91 days in a quarter, so assuming no weekends, that is 7677  / 90 * 7 / 5 = 119 cases per day. Cases need to be interviewed so a resolve rate is going to be driven by an interview rate. I doubt NYC is doing much else besides N-400 interviews  these days.

 

As @Crazy Cat says, it's cheaper to file N-400 than to file a writ of mandamus for I-751.

 

At the rate USCIS is clearing the N-400 backlog, maybe we will see I-751 get more priority later in 2023. Or maybe we will see other cases get priority. The USA just added more countries to protected status / humanitarian relief lists.

 

When it was INS, Naturalization came second. Now that it is USCIS, Citizenship comes first, though N-600 case back log is getting no attention.

 

 

USCIS started de-prioritizing the I751 back in late 2016 which is when we filed our I751.  Heck, back then they were only issuing 12 month extension letters, and many filers were getting cleared in less time than that, but after November/December 2016 the backlog started to grow.  We didn't really care since naturalization was the final goal, we looked at the I751 as a necessary evil (read as USCIS cash cow).  Back then, when my wife's N400 window opened, she filed about a month later and Detroit was very fast.  When they called her for her biometrics on the N400, she was also able to talk them into giving her an ADIT stamp since her extension letter was expiring in less than 6 weeks.  So much has changed, but in the end, my wife was applying for her US passport about the same time others that filed their I751 at the same time were just getting approved for their 10yr GC (my wife never actually received an actual 10yr GC since the I751 and N400 were approved at the same time).

 

It is good to see N400's being prioritized, but USCIS needs to balance things out more, and they have at least appeared to become less user friendly.

[ImmigrantKrish 75]

2 hours ago, Mike E said:

 

 

When it was INS, Naturalization came second. Now that it is USCIS, Citizenship comes first, though N-600 case back log is getting no attention.

 

 

I say it has to do with how is at the helm... rulers make the rules and the underlings follow it.

[Greencard-22 43]

Thank you everyone for your comments. Will go ahead and submit this week. 

[Mike E 11,739]

1 hour ago, ImmigrantKrish said:

I say it has to do with how is at the helm... rulers make the rules and the underlings follow it.

My understanding from 

is that new ISOs start out on N-400s. This makes  sense as most of these cases are simple.   
 

I’ve several  problems with director Ur Mendoza Jaddou, and as she is someone with a background in agitating for DHS to reform its immigration policies, she has been a bitter disappointment.
 

However I will give credit where credit is due: since employee turnover at USCIS is high, and since the new hires are best deployed on N-400s, wiping out the N-400 backlog is a good change.  The  newbies will get broad exposure as they review immigration case files and approving citizenship is morale boosting. It wasn’t that long ago that N-400 cases were low priority.  
 

I also give her credit for:

 

* allowing parolees to file I-131a

* extending green cards by 24 months if people file N-400

 

These are modest and obvious changes.  I hope she has more creative ideas in store once the N-400 backlog zeroes out.   

Edited January 11, 2023 by Mike E

[ImmigrantKrish 75]

9 minutes ago, Mike E said:

My understanding from 

is that new ISOs start out on N-400s. This ales sense as most of these cases are simple.   
 

I’ve several  problems with director Ur Mendoza Jaddou, and as she is someone with a background in agitating for DHS to reform its immigration policies, she has been a bitter disappointment.
 

However I will credit where credit is due: since employee turnover at USCIS is high, and since the new hires are best deployed on N-400s, wiping out the N-400 backlog is a good change.  The  newbies will get broad exposure as they review immigration case files and approving citizenship is morale boosting. 
 

I also give her credit for:

 

* allowing parolees to file I-131a

* extending green cards by 24 months if people file N-400

 

These are modest and obvious changes.  I hope she has more creative ideas in store once the N-400 backlog zeroes out.   

 

I agree that N-400 is almost a clear cut case, you qualify or you don't. There might be some fringe cases but burden is on the applicant to prove, so they can put newbies on these cases.

 

When I say the rulers put the rules, I mean the party that is ruling at present dictates where they want to put the money/energy into.

In general, Dems are pro-immigrants and hence you can almost sense they go with higher approvals and lower dillydallying  (thats my gut, not backed up with any stats, so please don't shoot me and I am open to data or stats to change my view).

 

[Mike E 11,739]

4 minutes ago, ImmigrantKrish said:

In general, Dems are pro-immigrants

If they are pro legal immigration they certainly have not performed any actions consonant with that.
 

Doubling fees (proposed) and increasing wait times for  legal immigration is the opposite pro-legal-immigration 
 

Pro illegal immigration: yes actions have been consonant. 

[ImmigrantKrish 75]

Just now, Mike E said:

If they are pro legal immigration they certainly have not performed any actions consonant with that.
 

Doubling fees (proposed) and increasing wait times for  legal immigration is the opposite pro-legal-immigration 
 

Pro illegal immigration: yes actions have been consonant. 

yep..their actions speak louder than words for sure....